Victim Impact Statements and Sentencing in India: An Indian- Centric Analysis
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Victim Impact Statements and Sentencing in India: An Indian- CentricAnalysis
SANTUSHTI BATTA
The Indian criminal philosophy has been historically offender centric in reference to the substantive and procedural codified stratagem with victims occupying a peripheral role limited to that of witnesses. The punitive to inclusive transaction of the Indian criminal jurisprudence offers a reconstruction with an introduction to victim centric rehabilitative and restorative justice paradigm which also grants an insight over physical, psychological emotional and decision- altering consequences. This Conspectus comprehensively peeks into victim impact statements and allied mechanisms such as Victim Impact Reports within the legal framework, drawing a comparative sketch with global practices in the same regard, Indian statutory provisions, case laws and an ardent proposal for formal recognition of the victim confessions to institutionalize victim participation, strengthen restorative justice and bring Indian criminal law in consonance with the constitutional mandates of dignity, rights and delivery of well- diversified definition of justice.
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