IMPLEMENTATION OF VICTIM COMPENSATION SCHEME IN INDIA: JUDICIAL TRENDS

AUTHOR – HERSHIKA A S* & MS.T. VAISHALI**

* STUDENT AT SCHOOL OF EXCELLENCE IN EAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY EMAIL

** ASSISTANT PROFESSOR OF LAW, DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY,

BEST CITATION – HERSHIKA A S & MS.T. VAISHALI, IMPLEMENTATION OF VICTIM COMPENSATION SCHEME IN INDIA: JUDICIAL TRENDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 873-886, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the evolution, contours, and implementation of the Victim Compensation Scheme (VCS) in India with a focus on Section 357, 357A–357C of the Code of Criminal Procedure, 1973 (CrPC), constitutional jurisprudence under Articles 21, 14 and 32/226, and special regimes (e.g., the SC/ST Act, POCSO, and acid-attack specific directions). It traces how the Supreme Court’s public law compensation jurisprudence transformed victim relief from a discretionary adjunct to a rights-based entitlement. Through doctrinal analysis of leading judgments and statutory materials, the paper identifies persistent challenges such as inter‑State disparities, delays, and limited victim awareness and proposes a calibrated policy roadmap for uniform, timely, and holistic victim rehabilitation consistent with restorative justice. The Indian criminal process historically emphasized the offender, the detection of crime, trial, and punishment, while the victim’s needs for medical, psychological, and economic rehabilitation often remained peripheral. Over the last four decades, the Supreme Court progressively recognized compensation as a public law remedy for infringement of fundamental rights, most notably the right to life and personal liberty under Article 21. The paper traces this shift from discretionary relief to a rights-based entitlement, examining statutory provisions, the role of Legal Services Authorities, and case law interpretations that have expanded the scope of compensation.

KEYWORDS: Victim compensation scheme, Criminal procedure, Victim rights, Compensation, Constitutional rights

“OPERATIONAL POLLUTION FROM SHIPS: LEGAL INSTRUMENTS AND ENFORCEMENT MECHANISMS”

AUTHOR- JANANI R, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (TNDALU)

BEST CITATION – JANANI R, “OPERATIONAL POLLUTION FROM SHIPS: LEGAL INSTRUMENTS AND ENFORCEMENT MECHANISMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 862-872, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

          Operational pollution from ships, which results from everyday maritime activities such as emissions, ballast water discharge, sewage, waste disposal, and fuel use, endangers marine ecosystems, coastal populations, and global climate goals.  Operational discharges, unlike unintentional contamination, occur over time and are frequently invisible to authorities.  This paper critically explores the international legal system governing such pollution, with an emphasis on treaties like as MARPOL, UNCLOS, the Ballast Water Management Convention, and related liability regimes.  It also looks at regional and national legal responses, as well as the changing regulatory landscape in India. The study delves into various enforcement strategies, including flag state control, port state inspections, coastal state authority, and developing monitoring and detection technology. Empirical evidence from IMO audits, satellite monitoring, and real-world enforcement operations reveals significant gaps in compliance and capacity, especially in developing countries. The paper identifies systemic challenges including weak flag state oversight, under-resourced port authorities, limited detection infrastructure, jurisdictional ambiguity, and insufficient penalties. Ultimately, it argues for a more integrated and accountable regime to reduce ship-sourced operational pollution and safeguard the marine environment.

KEYWORDS– Operational pollution, international conventions, Flag state, Port state, IMO audits

BOOK REVIEW ON “THE PERSISTENCE OF CASTE: THE KHAIRLANJI MURDERS AND INDIA’S HIDDEN APARTHEID BY ANAND TELTUMBDE

AUTHOR – SANSKRUTI SURYAKANT GAWALI, PARLIAMENTARY AND LEGISLATIVE ASSISTANT TO MEMBER OF PARLIAMENT AND LLM STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – SANSKRUTI SURYAKANT GAWALI, BOOK REVIEW ON “THE PERSISTENCE OF CASTE: THE KHAIRLANJI MURDERS AND INDIA’S HIDDEN APARTHEID BY ANAND TELTUMBDE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 854-861, APIS – 3920 – 0001 & ISSN – 2583-2344

CHAPTER I: INTRODUCTION TO RESEARCH

1. INTRODUCTION

A book review is a critical assessment of a book that goes beyond summary to analyze its themes, arguments, and overall impact. Writing a book review as an academic assignment is crucial because it encourages critical thinking and reflection on how the book contributes to one’s field of study. Through a careful review, a student can evaluate the author’s purpose, methodology, and effectiveness in delivering their message. This particular review focuses on Anand Teltumbde’s seminal work, The Persistence of Caste: The Khairlanji Murders and India’s Hidden Apartheid, a devastating and rigorous analysis of India’s enduring system of hierarchical oppression in the 21st century.

A CRITICAL ANALYSIS OF THE CONCEPT OF PROCLAIMED OFFENDER UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: BALANCING INDIVIDUAL RIGHTS AND THE STATE’S INTEREST IN CRIMINAL JUSTICE ADMINISTRATION

AUTHOR – V. BHAVYAA NACHIAR* & VAISHALI T**

* STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – V. BHAVYAA NACHIAR & VAISHALI T, A CRITICAL ANALYSIS OF THE CONCEPT OF PROCLAIMED OFFENDER UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: BALANCING INDIVIDUAL RIGHTS AND THE STATE’S INTEREST IN CRIMINAL JUSTICE ADMINISTRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 842-853, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), marking a significant reform in India’s criminal justice system. One of the critical areas of change concerns the provisions relating to proclaimed offenders, aimed at addressing the challenge of absconding accused who evade trial and obstruct the administration of justice. While the BNSS retains much of the earlier framework under the CrPC, certain refinements raise important questions about their compatibility with constitutional safeguards and human rights.This research critically examines the concept and procedure of declaring a person as a proclaimed offender under the BNSS, 2023. It explores whether the new provisions successfully balance the State’s obligation to secure justice with the individual’s right to due process and fair trial under Articles 14, 19, and 21 of the Constitution of India. The study further investigates the potential for misuse of proclaimed offender provisions by law enforcement agencies, leading to harassment or deprivation of liberty without sufficient safeguards. Judicial interpretations from leading cases under the CrPC and their continued relevance under the BNSS are analyzed to assess the judiciary’s role in preventing abuse of power.

Employing a doctrinal and comparative methodology, this research also situates Indian law within the broader global framework by examining how proclaimed offender-like mechanisms operate in other jurisdictions such as the United Kingdom and the United States.The study concludes that while the proclaimed offender provisions under BNSS are intended to strengthen criminal justice administration, there remain gaps in terms of procedural safeguards, accountability, and proportionality. The paper suggests reforms to ensure a fair balance between the State’s interest in curbing absconding and the individual’s constitutional rights, thereby promoting a more just and equitable criminal justice framework.

KEYWORDS:Proclaimed Offender,Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),Criminal Justice Administration,Constitutional Rights,Fair Trial.

BEHIND BARS, BEYOND RIGHTS: THE LEGACY OF SHEELA BARSE AND THE REBIRTH OF PRISON JUSTICE IN INDIA

AUTHOR – ADVAITH SRI KRISHNA DATTA MAMIDAN & KAMAL KUMAR MISHRA

STUDENTS AT SYMBIOSIS LAW SCHOOL NOIDA

BEST CITATION – ADVAITH SRI KRISHNA DATTA MAMIDAN & KAMAL KUMAR MISHRA, BEHIND BARS, BEYOND RIGHTS: THE LEGACY OF SHEELA BARSE AND THE REBIRTH OF PRISON JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 836-841, APIS – 3920 – 0001 & ISSN – 2583-2344

FACTS OF THE CASE

Barse had presented her investigation as a journalist and social activist in the national news when, she claimed, the difference in treatment meted out to women prisoners was alarming in India. In her investigations and interviews with women inmates in Bombay’s Central Jail, she found that out of the fifteen women interviewed by her, five had suffered torture, both physical and psychological, at the hands of police officers. To her utter dismay, two of the foreign national detainees alleged that their counsel had fraudulently taken away their jewelry and money under the pretext of legal fees. On this scale of human rights violation, ^[1]Sheela Barse decided to write to the Supreme Court of India, requesting that the Court take some action. The Supreme Court recognized the gravity of custodial violence against women and entertained her letter as a writ petition under Article 32. The Court then took suo motu cognizance of the matter, extending the inquiry regarding legal aid to undertrials, treatment of prisoners, and failure of the system in protecting the fundamental rights of the prisoners.

The Supreme Court then tasked the Director of the College of Social Work, Nirmala Niketan, Bombay, with conducting an independent investigation into the matter. The Director’s report corroborating all the allegations further stated that ^[2]the absence of legal representation for female inmates made their situation vulnerable to custodial abuses, forced confessions, and judicial indifference. The report further stated that many imprisoned lacked legal representation and prolonged detention to be the subjects of a defective justice system. Regarding the findings, ^[3]the report drew attention to the failure of the District and Sessions Judges to conduct the regular prison inspections statutorily required. Also, there were no standard operating procedures for addressing complaints of custodial violence, leaving the inmates without any avenue for redress. Based on this very report, the Supreme Court issued notices to the State of Maharashtra and other authorities for their failure to protect the rights of female prisoners. Considering that the abuse against women in custody was a widespread problem, the Court took cognizance of the case beyond the Bombay Central Jail and thus dealt with broader systemic failures in India’s prison system. As such, this case became a landmark in providing free legal aid to indigent prisoners, implementation of human rights into jails, and laying down standards for the humane treatment of detainees. The case initiated future reforms to ensure that prisoners, especially women, would not be denied their constitutional rights.

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[1] Sheela Barse v State of Maharashtra (1983) 2 SCC 96, para 4

[2] M H Hoskot v State of Maharashtra (1978) 3 SCC 544, para 11

[3] Sunil Batra v Delhi Administration (1980) 3 SCC 488, para 17

BOOK REVIEW ON “KHAKI FILES BY NEERAJ KUMAR”

AUTHOR – ADV. PRATIKSHA PARAS AGARWAL, ADVOCATE AND LLM STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – ADV. PRATIKSHA PARAS AGARWAL, BOOK REVIEW ON “KHAKI FILES BY NEERAJ KUMAR”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 826-835, APIS – 3920 – 0001 & ISSN – 2583-2344

CHAPTER I: INTRODUCTION TO RESEARCH

Introduction

A book review is a critical assessment of a book that goes beyond summary to analyze its themes, arguments, and overall impact. Writing a book review as an academic assignment is crucial because it encourages critical thinking and reflection on how the book contributes to one’s field of study. Through a careful review, a student can evaluate the author’s purpose, methodology, and effectiveness in delivering their message.

DIGITAL SIGNATURES IN THE ERA OF ICT: CHALLENGES IN CRIMINAL LAW ENFORCEMENT

AUTHOR – DHARANI. S, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – DHARANI. S, DIGITAL SIGNATURES IN THE ERA OF ICT: CHALLENGES IN CRIMINAL LAW ENFORCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 815-821, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the digital age, the use of Information and Communication Technology (ICT) has become deeply embedded in modern governance, business, and personal interactions. Among the key tools enabling secure electronic communication is the digital signature, a cryptographic mechanism that ensures the authenticity, integrity, and non-repudiation of electronic documents and transactions. Digital signatures have been legally recognized in many jurisdictions and are vital to promoting trust in electronic commerce, e-governance, and legal documentation. However, the rise in digital signature usage has been paralleled by a corresponding increase in cybercrime and misuse, presenting significant challenges for criminal law enforcement agencies. The advent of Information and Communication Technology (ICT) has transformed the way individuals, businesses, and governments interact, especially through digital transactions. At the core of this transformation lies the use of digital signatures, which ensure authentication, integrity, and non-repudiation in electronic communications. While digital signatures offer significant advantages in efficiency and security, their misuse poses considerable challenges to criminal law enforcement. These challenges include jurisdictional complexities, evidentiary issues, lack of technical expertise, and regulatory gaps. This paper explores the multifaceted legal and investigative difficulties posed by digital signature-related crimes, evaluates existing legal frameworks, and proposes potential solutions for more effective enforcement.

Keywords: Digital Signatures, Cybercrime, ICT, Criminal Law Enforcement, Public Key Infrastructure, Electronic Evidence, Jurisdiction, Digital Forensics, Legal Frameworks.

ANALYTICAL STUDY OF FIREARMS & BALLISTICS

AUTHOR – DHARANI. S, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – DHARANI. S, ANALYTICAL STUDY OF FIREARMS & BALLISTICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 805-814, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The study of firearms and ballistics plays a critical role in both forensic science and the broader field of criminal investigation. Firearms, as mechanical devices designed to launch projectiles, are intricately linked with the principles of ballistics – a branch of physics that analyzes the motion, behavior, and effects of projectiles. This analytical study explores the four primary domains of ballistics: internal, external, terminal, and forensic. Internal ballistics investigates the processes occurring within the firearm during discharge, while external ballistics addresses the trajectory and stability of a bullet in flight. Terminal ballistics focuses on the interaction between the bullet and the target, often involving wound analysis. Forensic ballistics, an applied subfield, is essential in crime scene reconstruction and firearm identification. This study also examines the classification of firearms, the components of ammunition, and the scientific techniques used to analyze ballistic evidence. Methods such as comparison microscopy, gunshot residue analysis, and trajectory reconstruction are evaluated for their effectiveness in forensic applications. Additionally, the research highlights current advancements in the field, including 3D imaging, automated ballistic identification systems, and the integration of artificial intelligence. By integrating mechanical, chemical, and physical analyses, this paper demonstrates how firearm and ballistic studies contribute to justice delivery, weapon development, and public safety. The comprehensive understanding of ballistics not only aids law enforcement agencies but also enhances legal accountability through scientific validation of firearm-related evidence.

Keywords: Firearms, Ballistics, Forensic Ballistics, Internal Ballistics, External Ballistics, Terminal Ballistics, Gunshot Residue (GSR), Ammunition, Trajectory, Crime Scene Investigation.

VICTIM COMPENSATION SCHEME

AUTHOR – YAJAT PITHADIA & VEER DESHPANDE

STUDENTS AT UNIVERSITY OF MUMBAI THANE SUB CAMPUS

BEST CITATION – YAJAT PITHADIA & VEER DESHPANDE, VICTIM  COMPENSATION SCHEME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 794-804, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The criminal justice system, being a social construct of human organization, was created with two main goals in mind: the protection of the citizens and the rehabilitation of offenders. It is functioning by way of a sequence of stages—from victimization and inquiry to arrest, prosecution, and finally the, sanction—the system is premised on the collaborative involvement of different institutions, the most significant being law enforcement, the judiciary, and penal institutions. Its very effectiveness depends largely on the fine balancing act between the rights, roles, and duties of all the stakeholders involved.

For crime victims, however, justice goes beyond the punishment of the offender. Crime tends to cause physical, emotional, psychological, and economic injury, as well as what is known to as “secondary victimization”1, which is the insensitivity or neglect they can encounter when in contact with state agencies. These problems need to be addressed by an immediate and sympathetic response from police, prosecutors, the courts, correctional institutions, and involved agencies. A co-ordinated and victim-centred response ensures the provision of help from the time an offense is reported in order to ensure recovery and uphold the dignity and rights of victims. In record of these facts, a major legislative improvement came with the enactment of Section 357A of the Code of Criminal Procedure, 1973, which made it necessary for state governments to set up Victim Compensation Schemes (VCS). These programmes, which are State-funded, aim to extend financial aid to victims who need rehabilitation, thus institutionalizing the role of the state towards the victims of crime.

The legislation structure was further strengthened under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, wherein Section 2(1)(y) of the Act widened the scope of the term “victim” to not only cover direct victims but also their legal heirs, guardians, and persons wrongfully prosecuted or imprisoned.

A judicial precedent, particularly in Maru Ram v. Union of India (1981)2 and Ankush Shivaji Gaikwad v. State of Maharashtra (2013)3, have uniformly emphasized that although compensation cannot obliterate victim agony, it provides some degree of justice, consolation, and dignity, especially in grievous harm, humiliation, or death. This judicial approach confirms to the constitutional spirit expressed in Article 41, which emphasizes State’s duty to render assistance in times of need, and Article 51A, which mandates citizens to instil compassion.

Collectively, all these changes represent a paradigm shift in Indian criminal law, moving increasingly toward a victim-centered system of justice that combines rehabilitation with retribution.

THE ROLE OF PUBLIC OPINION IN SHAPING LEGISLATIVE OUTCOMES

AUTHOR – ADV. ASHOK MORALE, LLM STUDENT OF DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – ADV. ASHOK MORALE, THE ROLE OF PUBLIC OPINION IN SHAPING LEGISLATIVE OUTCOMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 782-793, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Public opinion plays a crucial role in shaping legislative outcomes by influencing policymakers, political parties, and legislative processes. This study explores the dynamic relationship between public sentiment and policy-making, examining how elected officials respond to the preferences of their constituents. The research highlights the mechanisms through which public opinion is communicated to lawmakers, including public polling, media influence, interest group lobbying, and electoral pressure.

The paper also discusses factors that mediate the impact of public opinion on legislation, such as partisan polarization, institutional constraints, and the role of political elites. Case studies of significant legislative changes—such as civil rights laws, healthcare reforms, and environmental policies—illustrate how shifts in public opinion have led to concrete legislative action.

Moreover, the study evaluates the effectiveness of different channels through which public opinion influences policy, emphasizing the role of digital media and social movements in contemporary politics. The findings suggest that while public opinion significantly shapes legislative outcomes, its impact varies based on political context, issue salience, and the responsiveness of democratic institutions.

The research concludes that an engaged and informed public is essential for democratic governance, as sustained public pressure can lead to meaningful legislative change. However, the study also cautions against the potential manipulation of public opinion through misinformation and media bias, which can distort policy priorities. The paper calls for greater transparency, accountability, and mechanisms to ensure that legislation reflects the true will of the people.

Keywords: Public opinion, legislative process, policymaking, democracy, media influence,