Abstract
Restorative Justice is a legal system that focuses on the healing of the victim by methods such as compensation and accountability. Restorative Justice is a reason of shifting of punishment-oriented criminal system to a system that actually focuses on healing the victim. Global countries such as New Zealand and Norway have been practising the Restorative Justice System for so long, and the result of it in those countries is impressive. This paper explains the concept of Restorative Justice, its implications in New Zealand and Norway, and Restorative Justice in the Indian context. This paper argues how and what India can learn from these countries.
Keywords: Restorative Justice, legal system, healing of the victim, compensation, accountability, punishment-oriented criminal system, shifting of system, global countries, New Zealand, Norway, Restorative Justice System
Introduction
So, before going into the topic in depth, first we need to understand what is “Restorative Justice.” Restorative Justice is a system in which victims, offenders, and the community are brought together to solve the conflict between them. It is basically an approach to justice that focuses on repairing the harm caused by crime instead of only punishing the offender. It is victim-centric because it gives the victim a voice in the justice process. Another key element of this is that the offender accepts responsibility and takes steps to make amends. The community also helps in healing and reintegrating both the victim and the offender.
It is needed because every time retributive justice is not always enough, victims feel ignored, and offenders are punished but don’t always understand or feel sorry for the harm they caused. In retributive justice, only the conviction happens, and it doesn’t focus on victim healing; in most cases, they want an apology, compensation, or emotional closure. The other need of this system is that the victims need rehabilitation and not just jail. The question here arises as to how it is different from traditional criminal justice. Traditional justice primarily focuses on punishment, but restorative justice focuses on healing, accountability, and reintegration of the offender into society.
It has been implemented in different countries, such as New Zealand and Norway. In New Zealand, this justice system was adopted in the 1980s, and there it is focused on youth justice, especially for juvenile offenders under the Children, Young Persons Act. It results in higher victim satisfaction, lower repeated crime, and faster and more meaningful resolution. Similarly, Norway focuses more on reintegration than punishment. There are mediation boards there, which are known as “Konfliktråd.” It is available for both minor and serious offences. In this, voluntary and confidential meetings between the offender and victim happen, facilitated by trained mediators. In Norway’s prisons, it emphasises dignity, empathy, and skill-building.
In simple words, we can say that both of these countries use Restorative Justice, which generally focuses on healing and accountability. Restorative Justice is needed in India because India has more than 4 crore pending cases, and courts and prisons are jammed with minor offences that could be resolved outside formal trials.
Understanding Restorative Justice
Howard Zehr was the first person who came up with the concept of Restorative Justice. He is known as the father of Restorative Justice. In his book “The Little Book of Restorative Justice (2002)” he defined the concept of Restorative Justice: “Restorative justice is a process to involve, to the extent possible, those who have a stake in a specific offence and to collectively identify and address harms, needs, and obligations, to heal and put things as right as possible.”
Tony Marshall, a UK criminologist, in his book “Restorative Justice: An Overview (1999),” defines Restorative Justice as: “Restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future.”
From these definitions, we understand that Restorative Justice is a process that focuses on repairing the harm caused by criminal behaviour. It allows the victim and offender to sit at the same table to discuss the offence, its impact, and how to make things right. The offender apologises, promises to fix the harm, and also pays compensation. The victim gets both moral satisfaction and compensation, while the offender feels remorse for the offence committed.
Example: Suppose a teenager damages a man’s car while joyriding. Instead of jail, a meeting is arranged where the teen apologises, agrees to pay for repairs in instalments, and volunteers at a garage. The victim is heard, and the offender learns from his mistake. In simple words, Restorative Justice brings the victim and the offender together, focusing on repairing harm and restoring dignity.
Restorative Justice and India: Where Do We Stand?
India does not officially recognise Restorative Justice like Norway or New Zealand, but there are some existing legal provisions in Indian law that talk about it, especially in victim compensation, juvenile justice, or Alternative Dispute Resolution. Legal scholars and Indian courts have also started to recognise this form of justice.
Section 357A of CrPC provides a victim compensation scheme in which the state compensates the victim. The Juvenile Justice Act, 2015, primarily focuses on rehabilitation and reintegration rather than punishment, allowing counselling, community service, and other restorative methods. The concept of Plea Bargaining under the CrPC allows a negotiable settlement between the accused and the victim, which may include compensation. Under the Legal Services Authorities Act, 1987, Lok Adalats often involve restitution or apology. Although civil-focused, these ADR tools reflect restorative values.
In Brahmajeetsing Sharma v. State of Maharashtra, the Supreme Court stated that punishing an offender does not mean justice is served; the harm caused to the victim should also be repaired. In minor cases, some High Courts have prescribed apology letters or community services as punishment. The Bhartiya Nyaya Sanhita, 2023 also has provisions related to Restorative Justice. However, legal experts and NGOs have called for a national Restorative Justice framework.
Comparative Study
New Zealand
The Children, Young People, and Their Families Act 1989 established Family Group Conferences where the youth offender, victim, their families, and representatives discuss restorative terms and reach a conclusion. An offender aged 14–17 must be referred to the Family Group Conference before going to court. The Sentencing Act 2002 requires judges to consider restorative justice outcomes before sentencing. The Victims Act 2000 supports victims to participate in the restorative justice process. New Zealand’s approach is deeply rooted in Maori concepts like uru (reciprocity and balance) and muru (compensation). Youths who attended restorative conferences had significantly lower reconviction rates.
Norway
Norway employs mediation boards called Konfliktråd, which facilitate meetings between victims and offenders. The criminal justice system of Norway is based on the “normality principle,” ensuring that imprisonment only restricts liberty. Facilities like Halden Prison focus on rehabilitation programs and emphasise dignity and education. Norway often registers one of the lowest crime reversion rates globally, with 18–20% within 2 years and around 25% after 5 years.
Can India Learn from These Models?
What Lessons Can Be Adapted?
- Provide victims a chance to speak, ask questions, or seek an apology/compensation.
- Adopt the New Zealand model where judges consider restorative processes before sentencing.
- Permit local groups, communities, and customs to participate in restorative processes.
What Challenges May Arise?
- Risk in domestic violence and caste-related issues.
- Fear or fatigue of victims may hinder participation.
- Budgetary constraints can be a major challenge.
A Suitable Hybrid Model for India
- Start restorative justice with juveniles or first-time offenders.
- Establish restorative justice centres in all districts.
- Make it mandatory for courts to consider restorative outcomes before sentencing.
Conclusion
This method of justice is new to India but offers an opportunity to move from a narrow punishment-focused approach to a human-centric and community-oriented model. Records from New Zealand and Norway show that restorative justice reduces repeat crimes.
While India already has elements of restorative justice in the Juvenile Justice System, Victim Compensation Scheme, and ADR mechanisms, a proper framework is still missing. A hybrid model inspired by different nations can be a way forward. In short, punishment in India should not only punish but also focus on healing—and for this, Restorative Justice is the only solution.
