NCJ Number
146710
Journal
Indian Journal of Criminology Volume: 21 Issue: 2 Dated: (July 1993) Pages: 72-81
Date Published
1993
Length
10 pages
Annotation
Use of restitution by Indian courts is discussed.
Abstract
The author of this article argues that India's method of imposing restitution out of the fine imposed on the offender is philosophically inconsistent with the purpose of restitution, i.e., helping the victim and punishing the offender. Restitution should be ordered independent of the fine and independent of the ability of the offender to pay. Should an offender be unable to pay restitution, then the courts should direct the offender to perform services to fulfill his restitution obligation to the victim or an insurance or state compensation fund could be established as the depository for that portion of the fine representing restitution. The author reviews major criminal laws in India, the provisions of the 1973 Code of Criminal Procedure and the Probation of Offenders Act of 1958 that address restitution. Also included is a brief review of cases in which restitution was ordered. References and case law citations