Victim Restitution- A Vanishing Point In Criminology

first_imgColumnsVictim Restitution- A Vanishing Point In Criminology Arpita Mohapatra & Yash Tiwari11 Feb 2021 5:14 AMShare This – x”Victimology must find fulfillment not through barbarity but by compulsory recoupment by the wrongdoer of the damage inflicted, not by giving more pain to the offender but by lessening the loss of the forlorn.” – Krishna Iyer J. in Maru Ram & Ors. v. Union of India & Ors[1]. The traditional methods of criminology have been unsuccessful in furthering the aims of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login”Victimology must find fulfillment not through barbarity but by compulsory recoupment by the wrongdoer of the damage inflicted, not by giving more pain to the offender but by lessening the loss of the forlorn.” – Krishna Iyer J. in Maru Ram & Ors. v. Union of India & Ors[1]. The traditional methods of criminology have been unsuccessful in furthering the aims of criminal justice. A shift from retribution to restitution began in the mid-1960s and gained momentum in the following decades. “Victim Restitution in Criminal Law Process: A Procedural Analysis” sums up the historical perspective of the concept of restitution in the following words: “Far from being a novel approach to sentencing, restitution has been employed as a punitive sanction throughout history. In ancient societies, before the conceptual separation of civil and criminal law, it was standard practice to require an offender to reimburse the victim or his family for any loss caused by the offense. The primary purpose of such restitution was not to compensate the victim, but to protect the offender from violent retaliation by the victim or the community.”[2] The jurisprudence that evolved over time created segregation between the civil and the criminal law and stereotyped compensation into a civil remedy within the domain of civil courts. However, in recent times, restitution, rehabilitation and assistance to the victims have witnessed a steady growth. Restitution, compensation and damages are the mechanisms devised by the Courts and the Legislature to empower the Compensatory jurisprudence. Restitution is a court ordered payment from a convicted offender, whereas, compensation is a government program that pays the victim where the compensation is not fully available or recoverable from the perpetrator. According to, Duties of frontline professionals towards securing justice for victims: a manual , in the event that the offender cannot be traced or identified, the victim may make an application to the DLSA/SLSA for compensation and adequate compensation must be granted within two months. Restitution is ordered by a criminal court after the offender has been found guilty. Civil damages are ordered in a lawsuit in a civil court. Victims of crime can obtain both restitution and civil damages. A victim of crime is one who triggers the criminal process. A “victim” according to S.2 (wa) of Code of Criminal Procedure (Cr.P.C) is defined as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir. The Delhi High Court, in the landmark judgement of Karan v. NCT of Delhi[3] has devised a formula of Victim Impact Report (VIR) to determine the quantum of compensation to the victim in conjunction with the paying capacity of the accused. The VIR is to be filed by the Delhi State Legal Services Authority (DSLSA) in every criminal case after conducting a summary inquiry. After the conviction of the accused, the trial Court shall direct the accused to file the affidavit of his assets and income within 10 days. Thereafter, a summary inquiry is conducted to ascertain the impact of crime on the victim, the expenses incurred on prosecution as well as the paying capacity of the accused. If the accused does not have the capacity to pay the compensation or the compensation awarded against the accused is not adequate for the rehabilitation of the victim, the Court shall invoke s.357A of the Cr.P.C to recommend the case to DSLSA to award compensation from the Victim Compensation Fund under the Delhi Victims Compensation Scheme, 2018. This format of Victim Impact Report (VIR) has been developed as against the Victim Impact Statement (VIS), which is an instrument of victim participation that allows victims to directly address the court in its own words as to how the crime impacted them. It allows the victim to come to terms with the offence and makes the offender perceive and realize the impact of crime on the victims. In countries like the United States, the judges may use this information to determine an offender’s sentence; a parole board may use this to decide whether to grant parole and what conditions to impose in releasing an offender. Fortunately, VIS which has also been suggested by the Committee for Reforms in Criminal Law is not widely recognized in India, as it does not focus upon victim rehabilitation rather diverts the attention more towards the accused. It also adds to the workload of already overburdened courts, whereas, VIR shifts the burden upon the DSLSA of conducting the inquiry and submitting the report. Another major drawback of VIS is that it fosters different punishment for the same offence based on the impact it has on the victim. Although section 357 of Cr.P.C provides the Courts with the power to award compensation to the victim both, out of the sentence of fine and exclusive of the sentence of fine imposed on the accused the application of the same has been very limited. In Hari Singh v. Sukhbir Singh & Ors[4]. the Supreme Court lamented the failure of Courts in awarding compensation to the victims in terms of S.357 (1) of the Cr.P.C. The Court recommended to all courts to exercise the power available under S.357 liberally, to meet the ends of justice. Cut to the judgement of Ankush Shivaji Gaikwad v. State of Maharashtra[5] in 2013, where although the Court held that the lower courts must apply judicial mind and record reasons for passing, or not passing orders pertaining to the use of S.357- effectively making its application mandatory, did not grant compensation to the victim. There are several constraints that the lower courts face while applying S.357 as it allows them to issue orders for only such compensation as otherwise recoverable in a civil court. According to the 41st report of The Law Commission of India, the significance of the requirement that compensation should be recoverable in Civil Court is that the act which constitutes the offence in question should also be a tort. Secondly, the compensation can only be paid out of the amount of fine recovered. It can in no case exceed the amount of fine. Thirdly, there is no scheme of interim compensation under S.357, as S.357 (2) clearly declares that if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed ,or, if an appeal be presented, before the decision of the appeal. Fourthly, compensation can be ordered only if the accused is convicted and sentenced, although to tackle that S.357A was introduced by amendment in 2009, where the court will direct the State to pay the compensation in cases of acquittal or discharge or where the compensation by the accused is not adequate for such rehabilitation. Justice R.L. Narasimham, member of 42nd Law Commission recommended deletion of S.545 (Now S.357 in the Code of 1973) of Cr.P.C and insertion of a new section in Indian Penal code as he found the section unsatisfactory because compensation can be given only in money to the injured party and there is no provision for direct reparation for harm caused. Secondly, the procedure involved in the section is circuitous, dilatory, expensive, and caused much harassment to the injured complainant. Lastly, it does not cover cases of those accused persons who are not able to pay the fine. However, the contribution of the landmark verdict of Karan v. NCT of Delhi [6]and Kirti v. Oriental Insurance Company Ltd.[7] to the compensatory jurisprudence will be unparalleled. In the case of Kirti v. Oriental Insurance Company Ltd[8], Justice N.V. Ramana while disposing of an appeal arising out of a motor accident compensation claim summarized his opinion regarding the calculation of notional income for homemakers and the grant of future prospects with respect to them for the purposes of compensation. “It is a recognition of the multitude of women who are engaged in this activity, whether by choice or as or as a result of social/ cultural norms. It signals to the society at large that the law and the Courts of the Land believe in the value of labor, services and sacrifices of homemakers. It is an acceptance of the idea that these activities contribute in a very real way to the economic condition of the family, the economy of the nation, regardless of the fact that it may have been traditionally excluded from economic analyses.” In another progressive move in Suresh v. State of Haryana[9], the Supreme Court interpreted Section 357 of Cr.P.C, to include interim compensation also. The Court observed that, “It is the duty of the courts, on taking cognizance of a criminal offence, to ascertain whether there is tangible material to show commission of crime, whether the victim is identifiable and whether the victim of crime needs immediate financial relief. On being satisfied on an application or on its own motion, the Court ought to direct grant of interim compensation, subject to final compensation being determined later. Such duty continues at every stage of a criminal case where compensation ought to be given and has not been given, irrespective of the application by the victim. Gravity of offence and need of victim are some of the guiding factors to be kept in mind, apart from such other factors as may be found relevant in the facts and circumstances of an individual case.” A crime is deemed to be an offence against the society and the de-humanized system that imparts justice reduces the victim to any other piece of evidence. According to, Duties of frontline professionals towards securing justice for victims: a manual[10], in Hobbesian terminology, the Leviathan fails the victims twice: first in failing to secure their life, liberty and property from the transgressions of another and in the second instance failing to fully and completely restore the victims to their rightful position. It is pertinent that the jurisprudence ameliorates the balance between the rights of the victim and the deterrence that the society seeks to create because criminal justice system is meant for doing justice to all – the accused, the society and the victim. Views are personal.(Arpita Mohapatra is a Law student at Pune University & Yash Tiwari is a Law graduate) [1] AIR 1980 SC 2147 [2] Harvard law Review, Victim Restitution in Criminal Law Process: A Procedural Analysis, Vol.97, no.4, 1984 [3] [2020] DLT 352. [4] (1988) 4 SCC 551. [5] (2013) 6 SCC 770. [6] Ibid at 4. [7] LL (2021) SC 2 [8] Supra [9] (2015) 2 SCC 227. [10] Ibid at 3. Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Magdalen Bridge open for May Day

first_imgFor the first time in six years, Magdalen Bridge will be open to the public during Oxford’s traditional May Day celebrations.The bridge has been closed each May Day since 2005, when around 100 people jumped off it into shallow areas of the River Cherwell. 40 people were injured on this occasion, which the county council said cost the health service around £50,000.However, despite precautionary measures taken by police in recent years, people have continued to jump from the 25ft-high bridge on May morning. Local residents have also expressed their desire for the bridge to be kept open on May mornings, as its closure divided the city during one of its most famous and idiosyncratic festivals.Paramedics have voiced their concern at this decision, due to the severe injuries suffered by some who have jumped from the bridge in the past. They estimate that, on average, each incident costs the ambulance service £257.The police have said that strict security measures will be in place to ensure the safety of those attending the festivities. Police and event stewards will limit access to the bridge, whilst pavements will be kept clear for emergency services.James Andrewes, a member of Magdalen College Choir, said, “I think it’s great that they’ve reopened the bridge. Last year its closure did nothing more than to stop those on the far side of the bridge from getting close to the singing and the rest of the crowd.“It didn’t stop people from jumping. From the top of the tower, I could see them just hopping the barriers and jumping off anyway. The jumping is enough of a tradition for people to find a way to do it no matter how much the council tries to stop them.”Thousands of people are expected to attend Oxford’s May Day celebrations this year, which will include morris men dancing in Radcliffe Square, Broad Street and Catte Street, and a choir singing hymns at dawn from the tower at Magdalen College. Many bars and restaurants will be open for breakfast across the city, whilst events are being held throughout the day at venues such as the Ashmolean Museum and the Oxford Castle.Oxford Police Commander Supt Amanda Pearson stated, “I would urge people to recognise this decision is one that has been made to further their enjoyment of this unique celebration, and not to abuse it.”last_img read more

A Unique Military Capability

first_imgBy Geraldine Cook/Diálogo September 19, 2017 The unique military capabilities of Joint Task Force-Bravo (JTF-Bravo), a task force under U.S. Southern Command located at Soto Cano Air Base, Honduras, are now under new leadership. U.S. Army Col. Keith McKinley assumed command of JTF-Bravo on July 10th to direct its five supporting commands, eight directorates, a diversity of staff, and many multinational engagements.Col. McKinley brings with him the lessons learned from past experiences, such as from his previous assignment as deputy chief of staff – G3 for U.S. Army Japan at Camp Zama, Japan. Now, his primary focus is promoting stronger relationships among Central American partner nations and JTF-Bravo.The task force consists of a joint staff and five mission-support commands: the 1st Battalion, 228th Aviation Regiment, the 612th Air Base Squadron, the Joint Support Battalion/Army Forces Battalion, the Joint Security Forces, and a Medical Element. It operates a 24/7 forward all-weather C-5-capable air base, performs humanitarian assistance and disaster relief, executes multilateral exercises with partner nations in Central America, synchronizes operations against Transnational Transregional Threat Networks (T3N), and builds partner capacities to promote regional cooperation and security.After two months in his new assigment, Diálogo spoke with Col. McKinley about his military efforts, multilateral exercises, partnerships engagements, and regional efforts to counter T3N.Diálogo: What is the focus of your military efforts as the new commander of JTF-Bravo?Colonel Keith McKinley: First, to establish relationships. What I’m learning during my short time here so far, is relationships are key, and not only with the Department of Defense, it’s also with the United States interagency, and most importantly, it’s with our partner nations.Diálogo: What are your particular goals in the short, medium, and long term?Col. McKinley: Initially to establish strong relationships with our partner nations and to maintain contact with them. For example, I met General Francisco Isaías Álvarez Urbina [chief of the Honduran Armed Forces Joint Staff], a couple of weeks ago and soon I’ll be in Guatemala. It’s really [about] understanding all the various key leaders within Central America. Looking further out, it’s about finding out how JTF-Bravo could maximize our resources to help those key partners in achieving their objectives within Central America.Diálogo: How has your prior experience prepared you for this role? And what lessons learned did you bring with you to this role, particularly after serving as the deputy chief of staff for the U.S. Army in Japan?Col. McKinley: It’s interesting, because for my last three years my experience has been in the U.S. Pacific Command (USPACOM), and then prior to that with the wars, it’s been in the U.S. Central Command (USCENTCOM). This is my first assignment in SOUTHCOM. My last job in Japan, and my experience at the Naval War College helped me to understand and operate with a more strategic focus. We’re organized tactically in JTF-Bravo –helicopters, security forces, medical, firefighters– and my prior jobs have taught me how to use those tactical resources to have strategic effects.Here on the ground, I need to understand what SOUTHCOM commander, Admiral Kurt W. Tidd’s vision is for the area of responsibility (AOR), and then synchronize my tactical resources to have strategic effects. I think that’s really what I learned from the Japanese Ground Self Defense Force during my last assignment. The Japanese are a very capable military force, very strategic focused.Diálogo: What is your biggest concern in terms of security in Central America?Col. McKinley: It would be the threat networks operating within Central America. What we’ve seen over the years are networks becoming more formidable. And it’s not just drugs. You have the drug cartels, which are formidable, but you’re also seeing areas to where we see human trafficking, weapons smuggling, counterfeiting, and other illicit areas where threat networks are expanding their influence.Diálogo: What do you expect to achieve with the countries in JTF-Bravo’s joint operations area, whether through exercises, key-leader engagements, or any other engagement?Col. McKinley: What I hope to achieve is a higher level of synchronization and joint force integration within Central America. I think SOUTHCOM is the strongest when we can synchronize our joint capabilities and resources. For example, here on Soto Cano Air Base, we have U.S. marines with their unique, tailored capabilities. We also have Army helicopters, logistics, and security forces. We even have U.S. Air Force firefighters. The effect I want to achieve in Central America is for all of us to maximize our unique capabilities to achieve strategic effects.Diálogo: How has the fact that JTF-Bravo is located in Soto Cano Air Base, Honduras, and has been for the past 33 years (since 1984), helped cement the relationship between the task force and the Honduran government and its citizens?Col. McKinley: The relationship is strong having been built on trust over the years. The last time I was in Honduras was in 1991, when I was in the Army National Guard and my unit came here for our annual training. We did live fire exercises with the Honduran Army’s elite unit, the Tesons, down in the Zambrano training areas. I remember the great relationship the U.S. and the Hondurans had together. Honduras is a great partner, and we have a lot of shared experiences.Diálogo: JTF-Bravo comprises the Joint Staff, Joint Security Forces, Joint Support Batallion/Army Forces, Medical Element, 612th Air Base Squadron, and the 1st Battalion, 228th Aviation Regiment. How do all the units works together to achieve the mission?Col. McKinley: It goes back to capabilities. For example, some of our medical missions –our medical unit has really good, first-rate doctors– are in remote locations, and to get there they need aviation, so our helicopters fly them there. Once they land on the ground, they require security, so our joint security forces will secure those elements. To get resupplied, they require our Air Force elements. We’re very unique, the units are very unique with different cultures. No one element from JTF-Bravo can do it all; we maintain a team approach in all our operations.Diálogo: JTF-Bravo has close relationships with the countries of the Northern Triangle [Guatemala, El Salvador, and Honduras]. How can you cooperate with them in their fight against T3N?Col. McKinley: We work closely with the country teams from each U.S. Embassy. For example, we facilitate meetings where we bring in the community of interest and talk to each of the country teams to find out what they are seeing, what their concerns are, and what their major operations are scheduled to be. And then we work together collaboratively on identifying support requirements and finding solutions.Diálogo: How do you leverage the efforts of SOUTHCOM’s partner nations to stop T3N?Col. McKinley: From what I have seen during my limited time in command is that our partners are working very well in this area. Earlier this spring, U.S. Major General Clarence K.K. Chinn, commanding general of U.S. Army South, invited me to sit in on the Regional Leaders Conference. I was the incoming commander at the time as I was still working in Japan. It was good for me to observe and see how well our partners are working together. One thing that we were very impressed with is the countries were communicating very well with one another. In fact, I remember two army chiefs telling the audience how they work together and have each other’s phone number, so they can talk to discuss border synchronization.What I see is especially in the Northern Tier a lot of collaboration. You’ve seen a lot of collaboration currently with Panama and Colombia, and then you see that through the other nations in Central America. I think where SOUTHCOM can really assist and where we have been focused on is how we as Department of Defense can help enable those relationships and those partnerships.Diálogo: What is your message to the region as the new JTF-Bravo commander?Col. McKinley: Our message to the region is that JTF-Bravo is a trusted, ‘go to’ partner in Central America. We look forward to working collaboratively with our partners in addressing current threats to all our nation’s national security challenges.last_img read more

Will credit union auto lending shift gears in 2018?

first_imgCredit unions continue to see strong gains in auto lending, but tried-and-true tactics may need a tune-up in the year ahead.According to Bob Child, chief operating officer at CU Direct, a “softening” of used car market values – along with increased usage of ride-hailing services and the continuing need for CUs to accelerate decisioning in the auto lending space – may pose a challenge for credit union auto lenders in 2018.Similarly, Karen DeSalvo, chief marketing officer at Truliant Federal Credit Union, a $2.2 billion institution based in Winston-Salem, N.C., said while she expects CUs to continue to increase market share in the year ahead, it may be at a slower rate than seen during the past two years. continue reading » 5SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

St Lucia priest pulled from ministry after homosexual relationship

first_imgFaithLifestyleNewsRegional St Lucia priest pulled from ministry after homosexual relationship by: – July 7, 2014 Share Sharing is caring! Archbbishop RivasCASTRIES, St Lucia (CMC) – The Roman Catholic Church Monday confirmed that a priest had been withdrawn from the ministry “with immediate effect’ after he had a relationship with a male parishioner.“It was clear that the Priest crossed his boundaries and acted inappropriately,” said Archbishop Robert Rivas adding that the Church had considered the matter to be serious.In a statement, in which the priest was not identified, Archbishop Rivas said the priest had also been sent on administrative leave during which time he will receive “spiritual and counselling support.“This is an ongoing process so whenever a situation develops, once it’s brought to the attention of the authorities the matter will be properly investigated and once it is proved that something is wrong, that there has been bad behaviour or an injustice, we have to ensure that it is corrected,” Archbishop Robert Rivas said, recalling the position adopted by the Catholic Church in the wake of allegations against priests over the past two decades.He said that the Roman Catholic Church would not cover up for indiscretions by priests in the future.“We have to be open and transparent,” Rivas declared, noting that the incident involving the priest was “a fairly recent matter.”The Archbishop also disclosed that church protocol dictates that the victim always has to be considered, and said the church had offered counselling to the adult male involved, which the church hoped he would accept.Archbishop Rivas said counselling would also be made available to parishioners, who have designated Saturday a day of prayer, and will participate in a “mass of healing” on Friday.Caribbean Media Corporation Sharecenter_img 102 Views   no discussions Share Tweetlast_img read more