Author: Pushpa Prasad, Second year student, Law centre 2, Faculty of law, Delhi University
The whole jurisprudence was written with the angle of accused. The principle which justified this jurisprudence is Benjamin Franklin said “ Let hundred accused go free than one accused suffer”. It is based on the Roman law theory.
There is always a presumption of law in favour of the accused : the accused is presumed innocent unless proved by law. After the case of Woolmington vs Director of Public Prosecutions (1935)AC 462 a landmark case which established the provision in law that the burden of proving the accused guilty lies on the prosecution beyond reasonable doubt.
Till two decades we forgot the fact that when hundreds of accused are set free what happens to the hundred victims which suffered due to the act of the accused. We were biassed upon the right of the accused but not till that extent that we trample the rights of victims. To solve the problem of the victim, a new concept of victimology arose in the criminal justice system.
There are three types of rights
- Participatory rights
- Right of information and
- Right to compensation for the harm suffered.
The 154th Law Commission Report (1996) and the Justice Malimath Committee Report (2003) recognised the injustice faced by the victims and shifted its focus to the reforms on the rights of victims and justice to the victims. The recommendation of the committee was implemented in the Code of Criminal Procedure Code (Amendment) Act, 2008 to strengthen the existing laws for the victim’s rights. The new criminal law system has been built with the new structure of providing rights to the victim.
- Section 2(y)of Bharatiya Nagarik Suraksha Sanhita provides the definition of victim who suffered any loss or injury due to the actor omission of the accused and victims also includes the guardian or legal heir of such victim.
- Right to information for the victim at various stages of criminal proceeding (section 173,193, 230) of Bharatiya Nagarik Suraksha Sanhita 2023 from the copy of first information report ,report of medical examination of women whose investigation is taking place in section 64,65,66,67,68,70,or section 71 of Bharatiya Nyaya Sanhita ,2023 its the primary duty of police officer to inform the progress of investigation within a period of ninety days to the victim by any means including electronic communication, lastly under the guidance of the magistrate supply all the relevant document to the accused and the victim including the police report.
- Participatory right provided to the victim under Section 360 of Bharatiya Nagarik Suraksha Sanhita 2023, in earlier no provision was provided for the victim at the time of withdrawal from prosecution by the public prosecutor now it is mandatory provision to start the procedure in the the presence of the victim and the court shall give the victim an opportunity to be heard.
In State of Manipur vs Thanmipan Singlai (2023) it held that the magistrate cannot grant bail only on the view of prima facie proper merits of the case must be taken in view to grant bail application.
In Jagjeet Singh& Ors vs Ashish Mishra & others 2022 The Supreme Court formulated the principles in granting bail in heinous offences and the right of participation of the victim even in bail application.
Jagadish Kumar Muni vs State of Odisha & Ors 2022 it was held that when the victim’s son was prosecuting the case from the very beginning as being the legal heir is entitled by law to question the impugned order.
- The concept of Zero FIRs under Section (173) Bharatiya Nagarik Suraksha Sanhita 2023 which gives right to file a case anywhere in India irrespective of the fact where the offence was committed.
- Section 18 (8) provisio gives power to the court to permit the victim to appoint a public prosecutor of his choice to assist him in the prosecution , If accused acquitted then proviso added the victim can himself move to court on appeal. In Delhi Domestic Working Women’s Forum vs Union of India (1994) The Supreme Court held the importance of legal representation for the victims in rape case at each stage of the proceeding it will provide help even to avail the benefits to seek relief from various agencies.
In Peter Salam & Ors vs The State of Manipur & Ors (2017) the court held that after the insertion of section 24(8) in CRPC and from the new law section 18(8),the court is now authorised to permit the victim to engage a advocate of his choice who would represent him during the proceeding of the case giving the victim the right of representation before the Honourable Court.
- Section 321 CRPC 1 also amended to give victims the right to appeal against an order of acquittal or conviction for a lesser offence and to little compensation then required.
- In Saleem vs State (NCTof Delhi)2023 the right of the victim to participate and for sexual offence the right of the victim to have her statement recorded at her residence or in her place of choice, by a woman police officer in the presence of her parents, guardian, relatives or social worker. The privacy of the victim will also be protected and her identity will be kept confidential.
- Section 483 (2) of Bharatiya Nagarik Suraksha Sanhita the law puts an obligation at the hearing of the application for a bail for the presence of informant or person authorised by him of the matters which deals under Section 65 or 70 (2) of BNS 2023
- Section 395 : empowers the court order of compensation to be paid by the accused. Section 396 of Bharatiya Nagarik Suraksha Sanhita 2023 directs the state government to set up victim compensation schemes. Section 396 (2) when the court recommends for compensation, the District and State shall quantify the compensation. Section 396 (4) even gives provision that if the offender is not identified and not traced by the police and where no trail takes place the victim or his defendants may make an application to the State or District Legal Services Authority for award of compensation. Section 397 of Bharatiya Nagarik Suraksha Sanhita provides immediate treatment of victims free of cost as provision provided by law.Section 398 of Bharatiya Nagarik Suraksha Sanhita its the duty of every state to prepare and notify a Witness Protection Scheme for the state to ensure protection of the witness.
FAQS
- What are the points to be considered before applying the theory of victimology ?
Victimology has documented how justice to the victim has been overlooked in the historical era, it is the awareness which has evolved the law and led to the amendment in the new criminal system. It is the duty of the court to protect the rights of the victim by providing justice to the legal system.
- How does the change in law impact the life of the victim?
With the awareness of the victim there will be more participation in the legal proceedings which will lead to rise in justice to the victims and gradually the fear of being neglected by law will fade away and it will lead to decrease in crime rate in the community.
CONCLUSION
Right of the victim under the criminal law is substantive and enforceable, the right are totally independent and it is the legal obligation to hear the victim at any stage of the criminal proceeding, As Indian Jurisprudence is constantly evolving its the duty of the law to deliver justice before the memory of an injustice eclipse. Victimology is the guiding factor which looks at the crime with the angle of the victim to help in better reforms in the law. The new law give immense right to the victim in the field of participation of the victim which leads to right to be informed and no major decision in a case will take place in absence of the victim and the provision of the witness protection scheme will put an obligation on the State to make schemes which benefits the victims.
