The Rights of Crime Victims In Indian Criminal Justice System
1. The Rights of Crime Victims
In
Indian Criminal Justice System
Ajay Singh Rathore
Scholar
M.A. in Applied
Criminology
Sardar Patel University of Police, Security and
Criminal Justice System,
Dr. Rufus. D
Assistant Professor
Department of Criminology
& Police Studies
2. Introduction.
Indian CJS was punitive in nature;
Indian CJS revolving around the
accused;
Marginalized victims,
“ Tears shed for the accused are
traditional and 'trendy' but has the law
none for the victim of crime, the
unknown martyr?”
:- Justice Krishna lyer,
3. Present Situation of Crime
Victims in India.
First right of a Victim: FIR;
Negligence of duty by Police
personnel
Victim: as a witness only;
Expression of Victim;
A far gap: Victim-Court;
Many more unsung songs.
4. Rights and Status of Crime
Victims in Indian
Perspective: Access to Justice and Fair
Treatment:
Includes:-
Fair & Compassionate treatment with
dignity,
Fair & Inexpensive Judicial trial
mechanism,
Informed Rights, etc.
Window to Justice;
5. Right to Compensation:
In compensation:
Financial Help,
Medical Expenses,
Lost Wages,
Funeral Expenses.
U.N. Declaration also suggested-
National Funds for Compensation of
Victims of Crime;
Cr.P.C. (Amendment) Act, 2008 (5 of
2009).
Rights and Status of Crime
Victims in Indian
Perspective:
6. Right to Restitution:
Hypothesis only;
An Alternative- For Compensation;
Indian CJS which still following the
Colonial system;
It includes:
Replacement of Community facilities,
Relocation,
Artificial Limbs,
Rectification of Disfigurement by Cosmetic
Rights and Status of Crime
Victims in Indian
Perspective:
7. Right to Assistance:
Support to Victims;
Victim’s Assistance Programme;
Services for Victims:
Counseling,
Advocacy,
Support during the Investigation,
Support during the Trial & Proceedings,
Violence Prevention & Protection,
Offender- Victim Mediation.
Rights and Status of Crime
Victims in Indian
Perspective:
8. Conclusion.
“Thoda Hai – Thode Ki Jarurat
Hai”;
Compensation : A Statutory
Right;
Vigilant Victim : Conviction of
Accused;