The term “victim” is defined under the Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC). According to these laws, a victim is an individual who has suffered harm, including physical, mental, emotional, or monetary losses, as a result of a crime.
The definition of a victim may vary depending on the specific legal provisions. For example, the CrPC defines a victim as any person who has suffered injury or harm as a result of the commission of an offense. This can include the person directly affected by the crime, as well as their legal heirs or representatives.
The Indian legal system recognizes the rights of victims and seeks to protect and support them during the criminal justice process. Victims have certain entitlements, such as the right to be treated with dignity, the right to privacy, the right to be informed about the progress of the case, and the right to be heard at various stages of the proceedings.
Here are some important sections and articles that safeguard the rights of victims in India:
Right to be Informed (Section 41A of the Code of Criminal Procedure, 1973): This section mandates that the police, upon receiving information about the commission of a cognizable offense, must inform the victim about their rights, including the right to legal representation, the right to be heard, and the right to seek compensation.
In the case of Delhi Domestic Working Women’s Forum v. Union of India (1994), the Supreme Court of India recognized the importance of victims’ right to be informed. The court held that the victim should be informed about the bail hearing of the accused to enable them to participate effectively in the proceedings.
Right to be Heard (Section 24(8) of the Code of Criminal Procedure, 1973): This section ensures that the victim has the right to be heard during the trial, especially at the time of the final disposal of the case. The victim can present their views, concerns, and any evidence relevant to the case.
Landmark Case: In State of Punjab v. Gurmit Singh (1996), the Supreme Court emphasized the right of the victim to be heard and participate in the criminal trial. The court held that the victim’s right to be heard is an essential part of the fair trial process.
Right to Compensation (Section 357A of the Code of Criminal Procedure, 1973): This section empowers the court to order compensation to be paid to the victim by the offender. It also provides for the establishment of a victim compensation fund to support victims who require financial assistance.
Landmark Case: In the case of Delhi Domestic Working Women’s Forum v. Union of India (1994), the Supreme Court recognized the right of victims to receive compensation. The court held that the State has a duty to provide compensation to victims, and it should be awarded even if the offender is not identified or convicted.
Right to Privacy and Confidentiality (Article 21 of the Constitution of India): Article 21, which guarantees the right to life and personal liberty, has been interpreted by the courts to include the right to privacy. This ensures that the identity of the victim is protected during legal proceedings and prevents unnecessary disclosure of personal information.
Landmark Case: In the case of Nipun Saxena v. Union of India (2019), the Supreme Court recognized the importance of protecting the identity and privacy of victims of sexual offenses. The court held that the media should not disclose the identity of victims, and it should be the responsibility of the State to protect their privacy.
Right to Speedy Trial (Article 21 of the Constitution of India): Article 21 also encompasses the right to a speedy trial, which ensures that the victim does not suffer undue delay in the delivery of justice. This right helps in avoiding prolonged psychological and emotional trauma for the victim.
The landmark case law that established and clarified the right to a speedy trial in India is the case of Hussainara Khatoon v. State of Bihar (1979). In this case, the Supreme Court of India recognized that the right to a speedy trial is a fundamental right guaranteed under Article 21. The court held that the right to a speedy trial is not merely a formality but is essential to the criminal justice system’s effective functioning and to prevent the accused from suffering unnecessary harassment or mental agony.
One of the significant cases that highlight the court’s view on the right to a speedy trial is the case of Abdul Rehman Antulay v. R.S. Nayak (1988). In this case, the Supreme Court held that the right to a speedy trial is a right of the accused that cannot be defeated by technicalities or procedural delays. The court observed that the right to a speedy trial is not an absolute right, and it must be balanced with the interest of justice. However, undue delay and procrastination in the trial process are against the constitutional mandate and can lead to the violation of the accused person’s fundamental rights.
Courts have consistently upheld the right to a speedy trial as a fundamental right guaranteed under Article 21 of the Constitution of India. They have emphasized that the right to a speedy trial is crucial to ensure justice, protect the rights of the accused, victims, and society, and maintain the efficiency and credibility of the criminal justice system.
Right to Legal Aid (Article 39A of the Constitution of India): Article 39A promotes equal justice and provides for free legal aid to those who cannot afford legal representation. This right ensures that victims, who may be financially disadvantaged, have access to legal assistance to effectively present their case.
Right to Fair Treatment (Section 228A of the Indian Penal Code, 1860): This section prohibits the disclosure of the identity of the victim of certain offenses, such as rape, in any form of media. It aims to protect the dignity and privacy of the victim.
Right to Assistance and Support (Section 2(wa) of the Protection of Children from Sexual Offences Act, 2012): This section recognizes the right of child victims of sexual offenses to assistance and support during the investigation and trial. It ensures that child victims are provided with the necessary care, protection, and counseling.
These are some important rights of the victim.
