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VOL. 11, ISSUE 7 (2025)
Beyond retribution: The emerging role of restorative justice in Indian Jurisprudence
Authors
Dr. Rashmi Rekha Baug
Abstract
Restorative Justice (RJ) represents a progressive shift in criminal
jurisprudence, offering an alternative to the retributive justice system that
dominates modern legal frameworks. Unlike punitive approaches that focus on state-imposed
sanctions, RJ emphasizes rehabilitation, reconciliation, and victim
participation, recognizing crime as harm caused to individuals and communities
rather than just a violation of legal norms. By fostering dialogue between
victims, offenders, and society, RJ seeks to repair harm, restore
relationships, and promote offender accountability, ultimately contributing to
a more humane and participatory justice system that prioritizes healing over
punishment. This paper explores the jurisprudential foundations of RJ, analysing
its philosophical underpinnings in retributive, utilitarian, and social
contract theories, while highlighting its historical evolution from
community-based indigenous justice systems to its contemporary relevance. The
study examines the legal framework of RJ in India, with reference to plea
bargaining, victim compensation schemes, and juvenile justice laws, showcasing
its gradual integration into the existing criminal justice system. Through a
comparative analysis of global RJ models, the paper advocates for the wider
adoption of RJ principles in India’s legal framework. It argues that RJ not
only promotes healing and social harmony but also aligns with the broader
objectives of justice by balancing accountability with offender rehabilitation.
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Pages:63-67
How to cite this article:
Dr. Rashmi Rekha Baug "Beyond retribution: The emerging role of restorative justice in Indian Jurisprudence". International Journal of Law, Vol 11, Issue 7, 2025, Pages 63-67
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