Restorative Justice

Exam Snapshot

Restorative justice (पुनर्स्थापनात्मक न्याय) is a modern theory of punishment, highly likely to appear in jurisprudence or criminal law sections of the TU LLB entrance. Questions typically test its core purpose, key differences from other theories, and the stakeholders involved. Always recall that it views crime as harm, not just a state offense.

Core Concept

Restorative justice defines crime as harm to people and relationships, rather than solely a violation against the State. Its primary goal is to repair that harm and restore peace through collaborative processes. It is a victim-centered approach.

Key Elements

Nepal Law Anchors

Confusable Terms

Theory Focus Goal
Restorative Repairing harm to victims Healing, reconciliation
Retributive Punishment proportionate to crime "Eye for an eye," justice
Deterrent Preventing future crimes Discouraging others/offender
Rehabilitative Reforming behavior Reducing recidivism

MCQ Traps

Example

In a case of minor property damage, instead of a fine or jail (retributive), a restorative approach involves a Victim-Offender Dialogue. The offender acknowledges the harm, compensates the victim, and performs community service to repair the relationship and safety, focusing on reintegration.

Memory Hook

Think of the word "Restore" (पुनर्स्थापना) – its core is about restoring relationships, restoring peace, and restoring the community, rather than just punishing.

Quick Revision