The research will conceive restorative justice and therapeutic jurisprudence as two sides of the same coin, and one is the result of the other as a major development in criminological thinking. Notwithstanding, roots in a variety of indigenous cultures, including spirituality and holistic healing traditions and strives to re-connect offenders with their surroundings and communities. The objective of this research is to explore the experiences of victims and offenders involved in restorative justice practices, concerning increase in their general well-being, self-esteem, and satisfaction of the process and decrease in their feeling of shame, guilt, stress, regret, and anger. Restorative justice mechanisms enhance therapeutic jurisprudence through restoration, resilience, reconciliation, reintegration, rehabilitation, reformation, and resocialization among victims and offenders. Another objective is to understand from practitioners whether restorative practices facilitate conflict resolution and discuss the alternate conflict resolution model for restorative justice and therapeutic jurisprudence.
This article focuses on the right of victims to invoke Section 372 of the Code of Criminal Procedure. In India, over the past decade or so, concerns about victims of crime have increased significantly and the need for victims to participate in criminal proceedings has practically been built into the legal framework. Perhaps, the judicial process lacks in assisting the victims in a trial. This article focuses on cases where the victim appeals against an acquittal or for lesser offences or imposes inadequate compensation. Notwithstanding an appeal, this proceeding can also be dismissed for several reasons. While this paper builds the rationality behind invoking this section, it also looks into the extent to which this section could provide justice to the victims. This goes in line with the UN Declaration of basic principles such as access to justice and fair treatment, restitution, compensation and victim assistance. The absence of a definition of appeal in the statutory law and provisions for victims’ right to appeal delimits the scope of enhancement of sentence for the accused which is a right reserved only to the State. Moreover, this article helps researchers deepen their research on the perspective of victimology and the need for victim service providers to uphold victim justice.
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