Restorative Justice in the Indian Criminal System: Time for a Paradigm Shift?

ABSTRACT

Restorative justice (RJ) is an approach that prioritizes repairing harm to victims and communities, offender accountability, and meaningful participation of affected parties. In India, long governed by colonial-era criminal laws and a largely retributive criminal justice system, recent legislative reform most notably the three statutes enacted in 2023 and brought into force in 2024 creates openings to mainstream restorative approaches. This article (i) outlines restorative justice principles and global evidence, (ii) situates Indian reforms the ( Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam) in this context, (iii) assesses statutory provisions (victim compensation, witness protection, probation/diversion, court facilitation and evidentiary change) for their restorative potential and gaps, and (iv) sets out recommendations for policy, law, and practice to realize a paradigm shift toward a restorative criminal justice in India.