Putting Victims First: Confronting Challenges in India's Criminal Justice System
DOI:
https://doi.org/10.61841/96hv6377Keywords:
Indian Criminal Justice System, Victim Rights, Victim-Centred Approach, Post-Trial SupportAbstract
The paper explores the intricacies of India's criminal justice system, with a specific emphasis on the often-overlooked rights and requirements of victims. The paper assesses the current landscape in India, critically evaluating the involvement of victims at various stages of India's criminal justice system, such as pre-trial processes, victim involvement during trials, and the compounding and withdrawal of cases, and delves into the post-trial support for victims. Highlighting the limited and passive role victims currently play in these processes and contrasting this with more victim-centered approaches in France and the United States, the authors aim to offer constructive recommendations for enhancing victim justice in India.
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1. Section 2 (wa) of The Code of Criminal Procedure, 1973, defines victim as “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.”
2. Snyder v. Massachusetts, 291 US 97, 122 (1934).
3. The Code of Criminal Procedure, 1973, Sec. 154.
4. Ibid.
5. The Code of Criminal Procedure, 1973, Sec. 200.
6. The Code of Criminal Procedure, 1973, Sec. 190(1)(a).
7. The Code of Criminal Procedure, 1973, Sec. 156(3).
8. (2014) 2 SCC 1
9. JUSTICE V.S. MALIMATH COMMITTEE, Report of the Committee on Reforms of Criminal Justice System.
Delhi: Ministry of Home Affairs, Government of India.
10. Code of Criminal Procedure, Art. 15-3 (France).
11. The Code of Criminal Procedure, 1973, Sec. 161.
12. The Code of Criminal Procedure, 1973, Sec. 164.
13. The Code of Criminal Procedure, 1973, Sec. 164A.
14. The Code of Criminal Procedure, 1973, Sec. 167.
15. The Code of Criminal Procedure, 1973, Sec. 169.
16. The Code of Criminal Procedure, 1973, Sec. 2(h).
17. The Code of Criminal Procedure, 1973, Sec. 173.
18. Supra note 8.
19. The Right to Information Act, 2005, Sec. 8(1)(h).
20. The Constitution of India, 1950, Art. 226.
21. The Code of Criminal Procedure, 1973, Sec. 301(1)
22. (1999) 7 SCC 467.
23. The Code of Criminal Procedure, 1973, Sec. 302.
24. The Code of Criminal Procedure, 1973, Sec. 303.
25. The Code of Criminal Procedure, 1973, Sec. 273.
26. The Code of Criminal Procedure, 1973, Sec. 320.
27. The Code of Criminal Procedure, 1973, Sec. 321.
28. Supra note 8
29. AIR 2001 SC 116.
30. The Code of Criminal Procedure, 1973, Sec. 372.
31. (2015) 3 SCC 449
32. Supra note 8
33. (1995) 1 SCC 14
34. (2019) 2 SCC 752
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