‘The victim of crime is treated as a mere witness in the prosecution of the offence’

In order to provide the much needed relief to the victims of crime, it is essential that the focus of criminal justice system shifts from being accused-centric to victim-centric

The victim of any form of crime is considered the most neglected person in the Criminal Justice System across the globe and India is no exception. The entire Criminal Justice System (CJS) focuses on accused persons with the object of establishing their guilt or innocence. It takes care of criminal’s trial, conviction, retribution, reformation and rehabilitation. But sadly, the victim of crime is treated as a mere witness in the prosecution of the offence. The victims suffer in the form of physical, emotional and mental trauma, and economic losses are generally not taken into consideration, as he or she doesn’t play any central role in the entire criminal justice system.

Three categories

Victims of crime can be broadly classified into three categories. The primary victim is the person who actually suffers physical or economic harm in the form of loss of life, limb, dignity, honour and property. The secondary victims are dependents of the victim who is either killed or has been incapacitated from doing any economic activity. Society is the third victim because it suffers a violation of its laws. As the State must maintain law and order in society, it undertakes the prosecution of criminals on behalf of individuals who have suffered and also to deter potential criminals from going the wrong way.

In the whole process, the victims of crime often feel neglected and sidelined in the State’s investigation and prosecution process. The primary focus of these agencies will be on the accused persons and generally the plight of the victim is ignored.

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Although the State bears the cost of investigation and prosecution, the consequential cost of crime is enormous on the victim. It can be a physical injury in the form of death, partial and permanent disability, disfigurement and other form of bodily injuries. Mental and health consequences in the form of depression, anxiety or post-traumatic stress disorder (PTSD) for victims of sexual offence. Economic consequences may take the form of property losses, medical and legal expenses or even the death of the sole breadwinner in the family.

In order to provide much-needed relief to the victims of crime, it is essential that the focus of criminal justice system shifts from being accused-centric to victim-centric. The rights of victims should be given focus and, he/she should be involved to play an active role during the investigation and trial.

Key rights of victims

Realizing this in 1985, the United Nations adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, recognizing four key rights for victims of crimes:

1. Access to justice and fair treatment: Victims have the right to access justice mechanisms, prompt redress, and be informed of their rights. They are entitled to proper assistance throughout the legal process and protection of their privacy and safety.

2. Restitution: Victims should receive restitution for harm or loss suffered, including the return of property or financial compensation. If public officials or agents of the state have violated criminal laws, victims should receive restitution from the state.

3. Compensation: When victims cannot fully recover compensation from the offender or other sources, the state should provide financial compensation, particularly for violent crimes that result in bodily injury, funded by national resources.

4. Assistance: Victims should receive necessary material, medical, psychological, and social support through government, voluntary, and community services. Additionally, police, justice, health, and social service personnel should be trained to assist victims effectively.

In western world

Developed countries in the Western world have brought out separate laws to support and rehabilitate victims of crimes. England was the first country to bring out a comprehensive Criminal Injuries Compensation Scheme in 1964, followed by U.S.A and other countries. In India, Section 357 Cr.PC. (now Section 395 BNSS) provides limited compensation to the victims of crime from the fines imposed on the criminal. The courts can also impose compensation to victims by levying additional fines. In the year 2009, Section 357(A) Cr.PC (now Section 396 BNSS) was introduced which require the State to frame Victim Compensation Scheme. Based on this section of law, many State Governments have introduced Victim Compensation Schemes. Government of Karnataka has brought out Karnataka Victim Compensation Scheme – 2011 which provides for compensation up to Rupees three lakhs for victims of murder, rape and other bodily injuries.

The Justice Malimath Committee, in its report on reforming the Criminal Justice System, highlighted the transformative potential of recognizing victims rights. The Committee envisioned a significant improvement in the quality of justice delivery and efficiency once the legal system formally acknowledges victim’s rights and integrates the provisions for compensating their losses. Specifically, the Committee emphasized that incorporating mechanisms for restitution—covering loss of life, physical injuries, and property damage—would mark a pivotal shift in criminal justice administration.

According to the Committee, this victim-centric approach would steer the justice system towards more effective and expeditious outcomes, fundamentally altering its traditional focus and operations.

Additional forum

Apart from the victim compensation scheme, the Protection of Human Rights Act, 1993, provides an additional forum to provide relief to the victims of the crime, particularly victims of custodial violence. The Central and State Human Rights Commission can direct the Government or any other agencies /individual to provide immediate compensation to the victims or their families through an award. The new Bharatiya Nagarik Suraksha Sanhita 2023 under Section 193 mandates every Police Officer to inform the progress of the investigation by any means to the victims or informants of the crime, within 90 days. Further, Section 397 BNSS makes it mandatory for any hospital, Government or private, to provide first aid or medical treatment free of cost to victims of eight serious and grave offences.

Although there is a limited progress in the criminal justice system to recognize the rights of victims, there is an urgent need to ensure a paradigm shift in the Criminal Justice System to ensure that victims occupy the center stage of the system. The compensation to the victims of crime especially victims of sexual offence should extend far beyond modest monetary compensation. A whole package of relief, compensation and rehabilitation should come as a statutory obligation on the State. Government agencies, as well as civil society should take adequate steps to make sure that victims are not left in the lurch to fend for themselves but give them adequate confidence to face the difficult times in their lives. This is the only way justice and the rule of law can prevail in society.

(The author is Director General of Police, CID, Economic Offences and Special Units, Bengaluru.)