Vol. 8, Issue 2, Part E (2022)

Abstract
In India, as far as compensation is concerned, there is neither a comprehensive legislation nor a statutory scheme available for providing compensation by state or offender to victims of crime. The criminal justice system does not provide for a comprehensive payment of compensation to the victims of a crime for any physical, mental, psychological, the Law Commission felt it ‘unwise’ to create legal right in favour of the victim to join in the criminal proceedings as a third party to avoid mixing up of a civil and criminal proceedings, a confusion of issues and prolongation of the trial. Justice should not only be done to the accused and society but also to the victim which, as a whole justifies the justice delivery system. In spite of the loop holes in the legislature pertaining to compensation, the judiciary has been trying to fill the gaps not as a mere formality or duty but considering it as an essential need of the society.