Victim Rights In India
🧑⚖️ Who is a “Victim”?
As per Section 2(wa) of the Code of Criminal Procedure (CrPC), 1973:
“Victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged, and the expression includes his or her guardian or legal heir.
✅ Key Victim Rights Recognized in Indian Law
| Right | Description |
|---|---|
| Right to be Heard | Victims have the right to participate in criminal proceedings (e.g., opposing bail). |
| Right to Compensation | Victims are entitled to compensation under Section 357A CrPC and various state schemes. |
| Right to Legal Representation | Victims can engage a lawyer independently under Section 301 CrPC. |
| Right to Privacy and Dignity | Especially in cases like sexual assault; protected under Indian Evidence Act & CrPC. |
| Right to Information | Victims must be informed of case progress, arrests, bail, etc. |
| Right to Protection | Victim and witness protection schemes are in place to ensure safety during trial. |
📚 Key Case Laws on Victim Rights in India
⚖️ Case 1: Delhi Domestic Working Women’s Forum v. Union of India (1995) 1 SCC 14
Facts: A PIL was filed highlighting the plight of rape victims, especially those from poor or marginalized backgrounds, and the lack of support systems.
Issue: Whether rape victims are entitled to compensation and psychological support.
Judgment:
The Supreme Court directed the government to establish a Compensation Board.
Victims should receive legal aid, counselling, and medical care.
Significance:
A landmark judgment that recognized rape survivors as victims with specific rights, not just witnesses.
Laid the foundation for Section 357A CrPC (Victim Compensation Scheme).
⚖️ Case 2: State of Gujarat v. Hon’ble High Court of Gujarat (1998) 7 SCC 392
Facts: Concerned the scope of victim participation in criminal trials.
Issue: Can a victim be denied the right to appear or express concerns in criminal proceedings?
Judgment:
The Court acknowledged that while the criminal justice system is primarily between the State and the accused, the victim cannot be a passive bystander.
Courts must ensure justice is seen to be done for the victim as well.
Significance:
Asserted that the criminal process must acknowledge the victim's interests.
⚖️ Case 3: Rekha Murarka v. State of West Bengal (2019) 14 SCC 633
Facts: The mother of a murder victim wanted to have a separate counsel during the trial, independent of the public prosecutor.
Issue: Whether a victim has a right to appoint an independent advocate for conducting the prosecution.
Judgment:
The Supreme Court allowed victim’s counsel to assist the prosecution, but not to conduct it independently unless permitted under Section 301(2) CrPC.
Significance:
Reaffirmed the victim’s right to engage an advocate but maintained the primacy of the Public Prosecutor.
Highlighted Section 24(8) of CrPC which permits the victim’s advocate to assist the prosecution with court permission.
⚖️ Case 4: Laxmi v. Union of India (2014) 4 SCC 427
Facts: The petitioner, an acid attack survivor, sought stricter regulation of acid sales and better support for victims.
Issue: What are the rights and protections available to acid attack victims?
Judgment:
The Court ordered:
Free treatment for acid attack victims in both public and private hospitals.
Increased compensation to ₹3 lakhs.
Rehabilitation schemes to be implemented by states.
Significance:
A landmark judgment expanding the compensatory and rehabilitative rights of victims.
Led to amendments in IPC and CrPC, and formulation of rules under Section 357A CrPC.
⚖️ Case 5: Nipun Saxena v. Union of India (2019) 2 SCC 703
Facts: Concerned protection of identity and dignity of rape victims in judicial proceedings.
Issue: How should courts and authorities handle the identity of victims of sexual offences?
Judgment:
Victims’ identity must not be disclosed at any stage of investigation or trial.
In-camera trials are mandatory under Section 327 CrPC.
Advocated for establishment of One-Stop Centres and special courts for sexual offence cases.
Significance:
Strengthened the privacy and dignity rights of sexual violence victims.
Emphasized the role of State in sensitive handling of such cases.
📌 Legal Framework Supporting Victim Rights
| Law / Provision | Description |
|---|---|
| Section 357 & 357A CrPC | Provides for compensation to victims from the offender or government. |
| Section 24(8) CrPC | Victim has a right to be represented by an advocate with permission of the court. |
| Section 372 Proviso CrPC | Victim has a right to appeal against acquittal or inadequate sentence. |
| Protection of Children from Sexual Offences (POCSO) Act | Victim-sensitive procedures in child abuse cases. |
| Indian Evidence Act (Section 146 Proviso) | Disallows questions about victim’s character in sexual assault cases. |
| Witness Protection Scheme, 2018 | Protects victims and witnesses from threats or intimidation during trial. |
✅ Conclusion
Victim rights in India are evolving from being passive spectators in a criminal trial to becoming active participants with enforceable rights. The judiciary has played a significant role in expanding these rights and directing the executive and legislature to create supportive mechanisms.
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