Author: Harshita Maheshwari
College: Jagannath University , Jaipur
To the Point
On 1st July, 2024, India replaced its three colonial era criminal statutes-the Indian Penal Code, the Code of Criminal Procedure (CrPC), and the Indian Evidence Act- with the Bharatiya Nyaya Sanhita(BNS)2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Bharatiya Sakshya Adhiniyam (BSA) 2023. For over 150 years, a victim’s role in a criminal trial was largely that of a witness- someone whose statement was recorded and who was then expected to wait outside the courtroom for a verdict decided between the State and the accused. The new laws attempt to change this. They give victims a formal, defined identity, a right to information, a right to be heard, a right to compensation, and stronger protections for women and children.
Use of Legal Jargon
1) Victim- Under Section 2(1)(y) of the BNSS, a victim is any person who has suffered loss or injury because of an act or omission by the accused, and this includes the victim’s guardian or legal heir where the victim has died.
2) Zero FIR- An FIR(First Information Report) that can be lodged at any police station, regardless of where the crime occurred, which is then transferred to the police station with proper jurisdiction. This removes the old excuse of “this isn’t our area”.
3) e-FIR- Filing a police complaint online for certain categories of offences, without needing to visit a station in person first.
4) Victim Compensation Scheme- A state-run fund, distinct from any fine paid by the convict, meant to financially support victims for loss or injury suffered.
5) Charge sheet / Final report- The document the police file in court after investigation, summarizing evidence, on the basis of which trial proceeds.
6) Locus Standi- The legal right of a person to appear before and be heard by a court.
The new laws use them to shift power gradually from “state versus accused” toward “State, victim, and accused” as three participants in the process.
The Proof
1. Right to Information : Under the old CrPC, a victim often learned about the progress of their case only if they had a lawyer chasing the file or got lucky with a sympathetic officer. The BNSS 2023 emphasises victim information rights by ensuring the supply of police reports, FIRs, and witness statements, and incorporates provisions dedicated to providing victims with crucial information at various stages of investigation and trial.
2. Right to Participate: A victim may, under Section 18(18) of the BNSS, engage an advocate of their choice to assist the prosecution. This is not a brand new right- a version existed in the old CrPC but the new framework retains and reinforces it. However, Section 338(2) makes clear that the victim’s advocate can only assist the public prosecutor, and may only submit written arguments after evidence has been presented, or with the court’s permission.
3. Right to Compensation : Sections 395 and 396 of the BNSS deal with payment of compensation to victims: Section 395 allows courts to order compensation where the offender is convicted, while Section 396 requires state governments to establish victim compensation schemes. The compensation paid under the State scheme is in addition to, and not a substitute for, any compensation the victim may otherwise receive under other provisions of the BNSS. Even where no one is convicted or the offender cannot be traced the court can still direct compensation for the victim’s loss or injury, with the state bearing responsibility in such cases.
4. Right to Immediate Medical Care: Section 397 of the BNSS requires that every hospital provide first aid or medical treatment free of cost to victims. This closes a long standing gap where victims particularly of sexual assault or serious violence were sometimes turned away by private or even government hospitals over procedural or payment issues before police formalities were completed.
5. Special Protections for Women in Sexual Offence Cases: In cases of rape, the victim’s statement must now be recorded at her home or a place of her choosing, preferably by a woman police officer, in the presence of family members or a social worker, and this statement can also be recorded through audio-video means including a mobile phone a provision that did not exist under the old CrPC. The BNSS also mandates that a registered medical practitioner examine the woman in cases of rape or attempted rape.
6. Zero FIR and Easier Access to Justice: Zero FIR allows a person to register an FIR at any police station for a cognizable offence, irrespective of where the crime actually took place, after which it is transferred to the appropriate station combined with e-FIR facilities, this removes long standing jurisdictional excuses that discouraged victims from reporting crimes promptly.
Abstract
India’s shift from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS) is an important step towards making the criminal justice system more victim friendly. Earlier, the system mainly focused on the rights of the accused. The BNSS now recognizes victims as important in the justice process.
The reforms focus on four main areas. First, information- victims have the right to receive updates about their case and obtain important documents. Second, Participation- victims can engage a lawyer to assist the Public Prosecutor during the trial. Third, Compensation- the law provides a more organized and mandatory system for victim compensation, in addition to compensation awarded after conviction. Fourth, Protection- special safeguards have been introduced for women and vulnerable victims, along with the right to free emergency medical treatment.
The BNSS also introduces time limits for investigation, trial, and delivery of judgments to reduce unnecessary delays and provide quicker justice to victims.
Case Laws (Foundational Precedents )
1. Rattan Singh V. State of Punjab
➢ The Supreme Court observed that victims had become the “forgotten persons” in the criminal justice system. It emphasized that victims should receive compensation and proper support. This judgment laid the foundation for the victim compensation scheme now provided under Sections 395-397 of the BNSS,2023.
2. Delhi Domestic Working Women’s Forum V. Union of India
➢ The Supreme Court issued guidelines to protect rape victims. It directed that victims should receive legal assistance, privacy while recording statements, and interim compensation. These Principles are reflected in the BNSS provisions relating to victim protection and recording statements of women.
3. Bodhisattwa Gautam V. Subhra Chakraborty
➢ The Court held rape violates a woman’s right to life and dignity under Article 21 of the Constitution. It also ruled that interim compensation can be granted even before the trial ends. This supports the BNSS approach of providing compensation to victims even in appropriate cases before final conviction.
4. Ankush Shivaji Galkwad V. State of Maharashtra
➢ The Supreme Court held that courts must consider granting compensation to victims in every criminal case. If compensation is not awarded, the court should record reasons. This principle strengthens the mandatory victim compensation framework under the BNSS.
5. Mallikarjun Kodagali V. State of Karnataka
➢ The Supreme Court recognized that victims have an independent right to challenge an acquittal or inadequate punishment in certain cases. The judgment strengthened the role of victims in criminal proceedings, which is consistent with the BNSS’s greater recognition of victims rights.
Conclusion
The BNSS,BNS, and BSA are important reforms that make India’s criminal justice system more victim-friendly. Earlier, the main focus was on punishing the accused, but the new laws also recognize the rights and needs of victims. They provide several important rights, such as Zero FIR, free copies of the FIR, victim compensation, free emergency medical treatment, special protection for victims of sexual offences, and time limits for delivering judgments. These are legal rights that victims can claim.
However, some challenges still remain. A victim’s lawyer can assist the prosecution but cannot conduct the case independently. Compensation schemes may face delays because they depend on the efficiency of State authorities. In addition, people living in rural areas or those with limited access to technology may find it difficult to use facilities such as e-FIRs and video-recorded statements.
The real success of these new criminal laws will depend on how effectively the police, hospitals, prosecutors, and courts implement them across the country. Only proper and consistent implementation will ensure that victims receive the justice, support, and protection promised by these reforms.
