Victim’s Representational Right Under the Code of Criminal Procedure, 1973

Abstract

Within the entire gamut of Code of Criminal Procedure, 1973 rights duties obligation of various stake holders of the criminal administration of justice are delineated. Not to mention that the right of the accused/s are elaborately detailed. The Supreme Court and various High Courts throughout India in catena of Judgments have tried to maintain the balance between the discretionary powers of the investigating agencies and that of the person charged with the crime. One of the cardinal rules of any adversarial form of investigation which our country subscribe to, is to give the benefit of doubt to the person facing the trial and setting up his defence against the accusation. Conspicuous by absence in the debate is the right of victims of crime. The representational right of the victim under the Code of Criminal Procedure Code is a highly contested issue. Needless to say that the victim’s representational right has gone for an abrupt change after the gruesome and unfortunate Delhi gang rape case on December 2012 (also known as Nirbhaya case). The process involve in criminal justice system can be broadly segregated into four distinct features as investigation, inquiry, trial and thereafter appeal if any after the criminal law is set in motion. The State as the omnipotent protector of its citizen and all people at large prosecute in criminal cases. A prosecution takes place through a Public Prosecutor or an Assistant Public Prosecutor depending upon the case that is tried and the Court where the proceedings are going on. Here comes the crux of the problem, is the victim’s voice ventilated, their rights represented, their interest protected. The representational right of the victim needs to be also examined in purview of the context that for the State and Judiciary many a times plays a balancing act and whether the same is compromised against the victim rights. The article also deep dives whether any fundamental changes are brought forth in the Bharatiya Suraksha Sanhita, 2023 (hereinafter referred as BNSS, 2023).