Introduction
By reading the title, a question arises in our minds: Who is a victim? Generally, people believe a victim is a person who has been harmed physically. But it is not entirely true.
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.
Provisions For Victims In Indian Criminal Laws:
After years of debates and discussions, some of the provisions of theinternational community of 1985 were recognized when the UN Declaration was adopted by the General Assembly.
In general, a victim’s rights can be classified into to following classes:
- Right to be treated with self-respect
- Right to notification.
- Right to be present.
- Right to be heard.
- Right to rational protection from terrorization and injury.
- Right to restitution.
- Right to information.
- Right to compensation especially for crimes of a violent nature.
- Right to speedy proceedings
- Right to privacy.
In our Indian criminal justice system, a victim suffers every day as the crime is committed against him/her and also because he/she has to undergo a lot of manipulation of the existing system. Whereas, the person who is found guilty is sheltered, nursed, lighted, and entertained in prison for which the state gives the expenditure from the taxes that the victims of crime are not provided with.
Justice V. R Krishna Iyer in Rattan Singh v. State of Punjab correctly said that:
It is a weakness of our jurisprudence that victims of crime and the distress of the dependents of the victim do not attract the attention of the law. However, the reimbursement for victims is still the disappearing opinion of our criminal law. This shows the deficiency in our system, which must be rectified by the legislature.
Right to Information:
Victims have the right to be informed about the progress of the criminal proceedings related to the crime committed against them. This includes being notified of key events such as arrests, bail hearings, trials, and sentencing. Access to information helps victims understand the legal process, enabling them to participate more effectively and make informed decisions about their involvement in the case.
Notice of Events and Proceedings in the Criminal Justice Process
There are dozens of events or proceedings in the ordinary criminal justice process for which notice may be required by statute. These commonly include:
* Arrest of the accused;
* Arraignment of the defendant;
* Bail release and related proceedings;
* Pretrial release and related proceedings;
* Dismissal of charges;
* Negotiated pleas and entry of plea bargain;
* Trial dates and times;
* Sentencing hearings;
* Final sentence or disposition;
* Conditions of probation or parole;
* Post-trial relief proceedings;
* Appeals process and related proceedings;
* Parole release and related proceedings;
* Pardon/commutation of sentence and related proceedings;
* Cancelled and rescheduled proceedings;
* Final release from confinement, including from a mental institution; and
* Escape and subsequent recapture of offender.
Right to Protection:
Ensuring the safety and well-being of victims is paramount. Victims have the right to protection from intimidation, harassment, and retaliation. This includes protective measures during court proceedings, such as the use of screens or video testimony to shield victims from direct contact with the accused. Moreover, legal provisions exist to prevent the disclosure of the victim’s identity in certain cases to safeguard their privacy.
Protective Measures
Measures to protect crime victims take various forms. Some examples include:
* Police escorts to and from court;
* Secure waiting areas separate from those of the accused and his/her family, witnesses, and friends during court proceedings;
* Witness protection programs;
* Residence relocation; and
* Denial of bail or imposition of specific conditions of bail release—such as no contact orders—for defendants found to present a danger to the community or to protect the safety of victims and/or witnesses.
Right to Participation:
Recognizing victims as active participants in the criminal justice process, many legal systems now afford them the right to participate in various stages of the proceedings. Victims may provide impact statements during sentencing, offering the court insight into the personal and emotional toll of the crime. In some jurisdictions, victims may even be allowed to ask questions directly to the accused during certain phases of the trial.
Right to Restitution:
Victims often suffer financial losses as a result of a crime, including medical expenses, property damage, or loss of income. The right to restitution ensures that victims have the opportunity to seek compensation from the offender for these losses. This legal right not only helps in addressing the economic impact of the crime but also holds the offender accountable for the harm caused.
Losses to be Covered
Restitution should cover any out-of-pocket losses directly relating to the crime, including:
* medical expenses;
* therapy costs;
* prescription charges;
* counseling costs;
* lost wages;
* expenses related to participating in the criminal justice process (such as travel costs and child care expenses);
* lost or damaged property;
* insurance deductibles; and
* other expenses that resulted directly from the crime.
Restitution will not cover such things as pain and suffering or emotional distress but may cover reasonably expected future losses, such as ongoing medical or counseling expenses.In calculating the restitution owed, a court should look at the victim’s losses.
Right to Support Services:
Recognizing the psychological and emotional trauma that victims may endure, legal systems have expanded support services. Victims are entitled to counseling, therapy, and other support services to help them cope with the aftermath of the crime. These services contribute to the overall well-being of the victim and aid in their recovery process.
Right to a Speedy Trial:
Victims have the right to a prompt and efficient resolution of their case. Delayed justice can exacerbate the emotional distress experienced by victims. Legal systems aim to expedite proceedings while ensuring a fair and thorough trial, striking a balance between the rights of the accused and the needs of the victim.
Victim’s rights in different countries
While making sure that the accused does not suffer unnecessarily it is equally, important to secure certain rights for the already harassed victim to make the process of justice-seeking smooth. Although India has such special attention to the victim lacks, however, there are several countries making progress in this regard.
In England, the Code of Practice for Victims of Crime in England and Wales lays down various rights which have to be given to a crime victim. It gives the victim the right to be referred to the services that support the victim and his needs. The victim also has a right to make a Victim’s Statement in the court wherein the victim tells the court how the crime has affected him and the court considers his statement while passing the order.
This right gives the victim the chance to put forth his opinion. The victim is not just involved in the process while the trial happens but even after the conviction is done. The victim has a right to be informed about the progress of the offender and also if the court considers his parole or release. Furthermore, to make these rights effective, the victim also has the right to get his above-mentioned rights enforced.
England was one of the first few countries which bring a statutory scheme for victim compensation under the State under their Criminal Injuries Compensation Scheme 1964 and compensation by the offender under its Criminal Justice Act 1972.
The US Supreme Court in the case of Payne v Tennessee, for the first time recognised the rights of the victim of a crime. Victims’ rights and restorative justice for them have become an indispensable aspect of the American Judicial System. A victim impact panel is constituted where the victim meets the offender after his conviction and tells him how his act has impacted him and then asks for restoration.
Canada has enacted its Victim of Crimes Act 1996 which lays down the rights available to a victim in order to access justice. The rights mentioned include the right of a victim to be treated with compassion and dignity and that he has a right to preserve his privacy. It also entitles the victim and his family to be protected from the harassment and intimidation caused by the offender or his men. Canada, like England, entitles the victim to prepare a Victim Impact Statement, which can be used by the court while awarding the punishment.
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.
Such an insightful article 👍🏼
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