Need to Revisit the Rights of a Victim under the Criminal Justice System in India

Abstract

The importance of victim assistance in criminal law is now being recognized as among the key components of the Criminal Justice System. In a bid to equalize the platforms available with the society and its adversary, i.e., the accused, legal provisions have been incorporated to protect the victims. Since crime is seen as a wrong against society, not merely against an individual, the victim’s voice in the Criminal Justice System is often subdued under the pressure of society’s collective moral sentiments. This study is an effort to examine the Criminal Procedure Code of 1973 from the viewpoint of a victim. It emphasizes that the Code should provide systematic support to the victim in accordance with the ideals of fair trial and the constitutional principle of promoting equal justice. The paper first examines the demands of fair trial and the rights an accused person has under the Criminal Justice System. It then proceeds to analyze the role a victim plays in the criminal justice system. Thereafter, the contours of proposed systemic support to the victim are explored. And lastly, the paper concludes by proposing and analyzing the scope for some constructive suggestions in the form of legislative amendments in Indian law.