Answer By law4u team
Victims of crime in India hold several statutory, constitutional, and judicial rights throughout the various stages of criminal proceedings, ranging from the registration of an offense to the trial and post-conviction phases. These rights have been progressively strengthened through amendments to the Code of Criminal Procedure, 1973 (CrPC) as well as the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), alongside landmark judgments delivered by the Supreme Court of India. 1. The foundational right of a victim is the right to report a crime and have a First Information Report (FIR) registered. Under Section 154 of the CrPC and corresponding provisions of the BNSS, if a police officer refuses to record information regarding a cognizable offense, the victim has the remedy to send the substance of such information in writing and by post to the Superintendent of Police or Commissioner of Police concerned, who, if satisfied that the information discloses the commission of a cognizable offense, shall either investigate the case themselves or direct an investigation. Furthermore, victims can approach a Judicial Magistrate under Section 156(3) of the CrPC or BNSS equivalent seeking a court-monitored direction to the police for registration of an FIR and subsequent investigation. 2. During the investigation stage, victims have the right to be kept informed about the progress of the police investigation. As per statutory updates, the police are required to inform the informant or victim about the outcome of the investigation within a specified timeframe, typically through the submission of a police report. If the police decide to file a final report or a closure report stating that no case is made out against the accused, the investigating agency is duty-bound to issue a notice to the victim. This enables the victim to file a protest petition before the magistrate, challenging the closure report and placing their version on record, which the magistrate must consider before accepting or rejecting the police report. 3. Victims possess the right to legal representation and assistance during criminal trials. While the state provides free legal aid to indigent accused persons, progressive legal frameworks and judicial pronouncements ensure that victims, particularly in heinous offenses such as sexual assault, acid attacks, and human trafficking, are also entitled to free legal services through the Legal Services Authorities. Under Section 301 of the CrPC, a victim or their privately engaged advocate is permitted to assist the prosecution and submit written arguments after the closure of evidence, subject to the permission of the court. This ensures that the victim's perspective is actively represented alongside the public prosecutor. 4. The right to participate in criminal proceedings includes the right to be heard at crucial stages, especially regarding the grant or cancellation of bail. Under judicial precedents, victims must be given notice and an opportunity of being heard when bail applications filed by the accused are considered by the courts, particularly in serious offenses. Additionally, victims have the right to testify without intimidation or harassment. Measures such as in-camera trials, the use of screens to shield the victim from the accused, and the provision of videography during statements in sensitive cases are designed to protect the physical and psychological well-being of victims, especially women and children under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 5. The right to compensation is one of the most significant entitlements of a victim in the Indian criminal justice system. Section 357 of the CrPC and its successor provision under the BNSS empower criminal courts to order the accused to pay compensation to the victim for any loss or injury caused, out of any fine imposed as part of the sentence. Furthermore, Section 357A of the CrPC introduced a comprehensive Victim Compensation Scheme, mandating every state government in coordination with the central government to create a fund for compensating victims or their dependents who have suffered loss or injury as a result of the crime and who require rehabilitation, even in cases where no person is convicted or where the accused has been acquitted or discharged. 6. Victims also have the right to appeal against certain adverse judicial orders. Traditionally, only the state could appeal against an acquittal or an inadequate sentence. However, an amendment to Section 374 and the insertion of the proviso to Section 372 of the CrPC granted victims an independent statutory right to prefer an appeal against any order passed by the court acquitting the accused, convicting for a lesser offense, or imposing inadequate compensation. This right allows victims to independently challenge judicial outcomes without having to solely depend on the state machinery to file an appeal. 7. Throughout the trial and post-conviction phases, victim protection is a paramount concern. Courts have the authority to direct state authorities to provide adequate police protection to victims and witnesses who face threats to their life or safety from the accused or associated persons. Witness protection guidelines, approved and monitored by the Supreme Court, mandate the formulation of witness protection cells and threat analysis reports to ensure that victims can depose freely and fearlessly without the apprehension of tampering or intimidation.
