Victim's Rights in Indian Criminal Justice System: From Passive Sufferers to Active Participants
Abstract
The Indian criminal justice system has
historically been accused-centric, where the predominant matter settled around
the guilt or innocence of the offender, while the victim resumed as a passive
witness in the legal proceedings. Traditionally, crime was regarded as an
offence against the State. However, with emerging jurisdiction and contemporary
judicial reforms, specifically the enactment of the Bharatiya Nyaya Sanhita
(BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya
Sakshya Adhiniyam (BSA), 2023, a revolutionary shift has discovered toward
acknowledge victims as right bearing
stockholders.
This article analyses the evolution of victim
rights in India from passive sufferers to active contributor on the basis of
doctrinal analysis of constitutional provision, administrative reforms,
judicial interpretation, and international directives such as the 1985 UN
Declaration on Victims of Crime. It examines the conceptual framework of
victim, victimization, and victimology tracing to reparative justice. The
research highlights legislative recognition of victims under BNSS,
incorporating the right to receive a copy of FIR, police are mandated to inform
the victim’s family about investigation, right to appeal against acquittal or
inadequate compensation, right to free medical treatment at public hospital for
women and child, and access to state subsidized compensation schemes.
Judicial pronouncements have significantly
strengthened victim participation. In cases such as Ankush Shivaji Gaikwad VS
State of Maharashtra (2013) and Mallikarjun Kodagali VS
The State of Karnataka (2018) expanded compensation
jurisprudence and upheld the victim’s sovereignty right to appeal. Furthermore,
person autonomy and dignity concerns in sexual violence cases have been
strengthen through statutory interpretation under Article 21, guarantee humane and
ethical behaviour. Regardless of these progressive growth, challenges remain
including lack of knowledge remain, including lack of awareness, lack of
implementation of remuneration schemes, witness daunting schemes, and
procedural delays. The article deduce victim-centric principles within its
criminal justice system, effective enforcement, awareness framework,
institutional responsibility are essential to ensure that victims are not
simply symbolic participants but that while India has made considerable
progress in lodging inspired actors in the pursuit of justice.
Keywords- Victims’ rights,
Victimology, Indian Criminal Justice System, Witness protection, Victim
participation
