Rights of Victims

Dr S. Muralidhar
Judge, Delhi High Court
13th March, 2016
Broad Themes
 Victims – Definition
 Victims in the Criminal Justice System
 Victimology in Indian Jurisprudence
 The unfinished agenda
Victims - Definition
 UN Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power, 1985
 Article 1 -
"Victims" means persons who, individually or collectively, have suffered
harm, including physical or mental injury, emotional suffering, economic loss
or substantial impairment of their fundamental rights, through acts or
omissions that are in violation of criminal laws operative within Member
States, including those laws proscribing criminal abuse of power.
 Article 2 -
A person may be considered a victim, under this Declaration, regardless
of whether the perpetrator is identified, apprehended, prosecuted or convicted
and regardless of the familial relationship between the perpetrator and the
victim. The term "victim" also includes, where appropriate, the immediate
family or dependants of the direct victim and persons who have suffered harm
in intervening to assist victims in distress or to prevent victimization.
Victims - Definition
 The Criminal Procedure Code, 1973
 Defines “Victim” in S.2 (wa) inserted only by the Code of
Criminal Procedure (Amendment) Act, 2008.
 S.2 (wa) - “victim” means a person who has suffered any loss or
injury caused by reason of the act or omission for which the
accused person has been charged and the expression “victim”
includes his or her guardian or legal heir;
Victims in the Criminal Justice System
 At the stage of investigation
 At the Prosecution Stage
 Trial
 Protection of the Victims as witnesses
 Post trial: victims of the process
Victimology in Indian Jurisprudence
 The Constitution of India
 Article 14 – Equality before law
 Article 21 – Protection of life and personal liberty
 Article 38 – State to secure a social order for the promotion of
welfare of the people
 Article 39A – Equal justice and free legal aid
 Article 41 – Right to work, to education and to public assistance in
certain cases
 Article 51A(g) – “to have compassion”
Victimology in Indian Jurisprudence
 International Covenant ion Civil and Political Rights
 The Code of Criminal Procedure, 1973
 Provisio to S. 24(8) – the court may permit the victim to engage advocate to
assist prosecution.
 Second Provisio to S. 157 (1) – In cases of offence of rape, statement of
victim at residence or place of her choice.
 S. 357, 357A, 357B – Compensation
 S.357C – Treatment ofVictims
 S. 358 – Compensation to persons groundlessly arrested.
 S. 372 – Right ofVictim to prefer an appeal in certain cases
 Chapter XXIA – Plea Bargaining
 The Criminal Law(Amendment) Act, 2013
Victimology in Indian Jurisprudence
 The Protection of Human Rights Act, 1993
 S.12 – The Human Rigths Commission has an important duty to
protect rights of victims of crime and abuse of power.
 Legal Services Authority Act, 1987
 S. 12 – Criteria for giving Legal Services includes inter alia members
of SC and ST, victim of trafficking in human beings or begar, woman,
child, mentally ill or otherwise disabled people, a person under
circumstances of undeserved want such as victim of a mass disaster,
ethnic violence, caste atrocity, flood, drought, earthquake or
industrial disaster..etc
 Probation of Offenders Act, 1958
 S. 5 - Power of court to require released offenders to pay
compensation and costs
Victimology in Indian Jurisprudence
 Law Commission Reports
 84th Report – Sexual offences – Substantive law, procedure
and Evidence
 152nd Report – Custodial Crimes
 154th Report – Protection and Facilities to Witnesses, Plea
Bargaining, Vicitmology, Special protection in respect of Women
 198th Report – Witness protection and Identity Protection
 201st Report – Emergency Medical Care to Victims
 226th Report – Compensation for Victims
Measures of redress for Victims
 Access to Justice and Fair Treatment
 Restitution
 Compensation
 Assistance
Unfinished agenda
 Recognition of victims and victimhood
 Recognising special categories of victims: degrees of
vulnerability
 Need for a Criminal Injuries Compensation Board
 Settling norms for monetary compensation and for
restitution
 Sensitising law enforcement agencies
 A responsive and responsible society: Collective action