"THE BENEVOLENT,DETERRENT & VISIONARY ORDINANCE" {THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2018}
Let me first mention that this "Ordinance", if become "law" will be an extraordinary step in Criminal Jurisprudence in India. There are several reason for me to say so and they are as follows:- First, the ordinance strengthen the concept of "Victim Justice" in India, which has been kept at shore in Criminal Law through two ways, firstly by providing that a victim of rape under 16 or under 12 years shall be paid "fine which 'shall' be just and reasonable" to "meet the medical expenses" and to "rehabilitate the victim." This provision ensures that, the fine will not only be as much as to meet the medical expenses but it shall rehabilitate the victim, by consulting psychologist for the trauma which a victim of rape suffers. It has been shown through an empirical research that the fine imposed fails to meet the "medical expenses", and to rehabilitate the victim. Further it mandates and direct that " f...