In India, the rights of victims in a criminal case have been recognized and protected under various laws and constitutional provisions. Here’s an overview of the key rights afforded to victims: 1. Right to be Informed: Victims have the right to be informed about the progress of the investigation and any significant developments in the case, including changes in the status of the accused. 2. Right to be Heard: Victims have the right to present their views and opinions during court proceedings, especially during the trial and sentencing phases. This is particularly emphasized in cases involving serious offenses. 3. Right to Compensation: Victims are entitled to claim compensation from the state for any loss or injury suffered as a result of the crime. The Criminal Procedure Code (CrPC) provides provisions for the state to compensate victims. 4. Right to Protection: Victims have the right to protection from intimidation, harassment, or any harm from the accused or their associates during the trial process. This may include witness protection measures. 5. Right to Access Legal Assistance: Victims have the right to seek legal assistance to understand their rights and the legal proceedings. They can engage a lawyer to represent them in court. 6. Right to Privacy and Dignity: Victims' privacy and dignity should be respected during legal proceedings. The law prohibits the publication of identities of victims in certain cases, especially in sexual offenses. 7. Right to Speedy Trial: Victims have the right to a speedy trial, ensuring that the case is resolved in a timely manner to avoid prolonged suffering and uncertainty. 8. Right to Appeal: If the victim is dissatisfied with the judgment or the acquittal of the accused, they have the right to file an appeal against the order in higher courts. 9. Right to Rehabilitation: Victims have the right to access rehabilitation services, which may include medical assistance, counseling, and social support. 10. Victim Impact Statement: In certain cases, victims can submit a victim impact statement to inform the court about the effect of the crime on their lives, which can be considered during sentencing. 11. Legal Provisions and Support: Various legal provisions, such as the Victim Compensation Scheme and the Protection of Women from Domestic Violence Act, 2005, provide additional rights and remedies for victims of specific crimes. Conclusion: The rights of victims in criminal cases in India aim to ensure their participation in the legal process, provide them with necessary support, and safeguard their dignity and welfare. It is essential for victims to be aware of these rights to seek justice effectively and navigate the legal system.

Dear client, A victim is a person who has been harmed physically and mentally. As per Section 2 (a) of the Code of Criminal Procedure 1973, a victim is a person who has suffered any loss or injury caused because of the act or omission for which the accused person has been charged. Hence, one can say a victim is a person who has suffered harm, physical or mental injury, emotional suffering, economic loss or violation of their fundamental rights through acts or omissions violative of Indian criminal laws. Constitution of India, Indian Evidence Act and the Code of Criminal Procedure, 1973- The Indian Constitution and the Code of Criminal Procedure, 1973 prescribe various rights for victims. Article 14 and Article 21 incorporate fundamental rights that must be read with the Directive Principles of State Policy listed in articles 39A, 41, 46, and 51C. As per Article 39A, the State offers free legal assistance and a guarantee for promoting justice on the grounds of equal opportunity. By compelling the State to compensate victims of criminal violence, Article 21 ensures against unfair deprivation of life and liberty. A Public Prosecutor appointed by the state represents the victim. Moreover, in 2008, an amendment was made to Section 24 (8) of the CrPC. As per the amendment, the victim was allowed to choose an advocate to assist the public prosecutor. Though the Code identifies a few rights that favour the victims, they are not as effective as those of the accused. For example, the victim can choose his private lawyer, but the authority given to such a lawyer is limited. The lawyer can only submit the written arguments after the evidence is recorded and only after the court permits. Other rights include the right to file an FIR (First Information Report). Although the police are the primary authority that investigates the case, they are unaware of international developments in areas such as victimology. As well as this, they are unaware of how victims should be treated. United Nations Declaration rightly states that treating victims negatively will lead to misperceptions among victims of the criminal justice system in India. Hence, there is no iota of doubt about the importance of compassionate treatment and respect for the victims’ dignity. Moreover, according to Section 25 of the Indian Evidence Act, no confession made to a police officer shall be proved against a person accused of any offence. In a criminal case, after the judgment is pronounced, the victim’s role ceases to exist. However, after pronouncing the judgment, the victims should be offered some rights to ensure complete justice, such as the right to compensation.According to Section 357(3) of CrPC, the court has the right to grant compensation to the victim for any loss or injury suffered by him, even in cases where a fine has not been levied upon the accused. However, in the case Harikishan & State of Haryana v. Sukhbir Singh, it was observed by the Supreme Court of India that courts in India rarely make use of section 357 of the CrPC to grant compensation to victims of crime. Thus, the legislature inserted a provision in section 372 of the Code through the Amendment Act of 2008, keeping in mind the recommendations given by the Malimath Committee and the Law Commission empowering victims with the right to appeal. 1. Right to Attend Proceedings- During criminal proceedings, the victims and their families are entitled to attend the proceedings. This right to attend proceedings includes the right to attend trial, sentencing, parole hearing of the offender etc. A crime victim is more confident and in a better state of mind to exercise his right to attend the proceedings with the support and presence of a trusted advocate or family member. 2. Right to Compensation- To reimburse victims for their expenses relating to the crime, victim compensation is designed by the government. Most compensation programs are open to the direct victims of crime, or their surviving family members. However, sometimes victims are ineligible to claim compensation if their misconduct contributed to their injuries. 3. Right to be Heard- Generally, according to the law, the statements provided by the victim may be oral or written. However, in some states, such statements can be submitted in the form of videotape, audiotape, or other electronic means. These statements provided by the victims describe the impact of the offence on them, including financial, physical, psychological or emotional impact etc. 4. Right to Information- General information of interest to victims should be provided by the criminal justice system. It includes information on the right to attend a proceeding, submit a victim impact statement, sue the offender for money damages in the civil justice system, file for a protection order, and collect witness fees for their testimony, among others. The victim should be informed of various proceedings in the criminal justice process such as the arrest of the accused, bail release and related proceedings, dismissal of charges, negotiated pleas, sentencing hearings, parole release and related proceedings etc. 5. Right to Restitution- Restitution refers to the restoration of the harm caused by the defendant[1]. Courts have the authority to order restitution from convicted offenders as part of their sentences. A court considers the victim’s losses for calculation of the restitution owed. The court may also consider the defendant’s financial resources while setting the total amount of restitution. 6. Right to the Expeditious Return of Personal Property- Sometimes, a victim of a crime may suffer the loss of property. This loss can either be due to theft or the seizure of property by the police. Generally, the property seized is returned to its rightful owner when it is no longer required as evidence in criminal prosecution. Some states have attempted to impose specific time requirements for the return of property so that the victim is not deprived of his property for a long time. 7. Right to a Speedy Trial- This right is provided by many jurisdictions to crime victims. Moreover, some specific cases are given priority as compared to others due to their facts and circumstances by several jurisdictions. Such priority cases can be cases involving children or vulnerable elderly victims. 8. Right to Privacy- Furthermore, many victims back down from seeking justice because of the fear of harassment or retaliation from their known ones and offenders. Victims have the right to protect their privacy such as name, address, phone number etc. In addition, particular communications, such as conversations between husband-wife, doctor-patient, attorney-client etc. are safeguarded from judicial disclosure. Moreover, the State has witnessed significant developments in the form of new laws such as the Protection of Women from Domestic Violence Act 2005, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Maintenance and Welfare of Parents and Senior Citizens Act 2007 etc. Conclusion- Several rights have been enacted to empower victims. However, the victims have to go through many struggles and hardships including long and cumbersome proceedings and the fear of victimization by the people. As a result, the Indian criminal justice system has become a channel of social control by the state by taking over the right to prosecute the accused without the victim. Hence, there should be a replacement of the vertical criminal justice system with a horizontal justice system in which the punishment system is sought to be replaced by a negotiation system. Hence, giving the central role to the victim. Moreover, medical, psychological, and social assistance should be provided to victims in a manner that is governmental, voluntary, community-based, and indigenous. Victims should also be informed of the availability of health and social services and have easy access to them. Moreover, victims should be treated with compassion and respect for their dignity. Furthermore, an unnecessary delay should be avoided in the disposition of cases and the execution of orders or decrees granting awards to victims. Should you have any queries, please feel free to contact us!