Published on 20th April 2025
Authored By: Janvi Hitendrabhai Bhadeshiya
GLS University
“Justice will not be served until those who are unaffected are as outraged as those who are.”
– Benjamin Franklin
Introduction
The criminal justice system in India has always prioritized punishing offenders over acknowledging victim’s rights and interests. A greater understanding of the need to balance the scales of justice by offering the victim relief, compensation, and protection in addition to punishment for the criminal is reflected in the development of victim rights in India. The concept of victim rights emerged as a response to the historical marginalization of victims in criminal proceedings, where victims were treated primarily as witnesses rather than as stakeholders with independent rights. Over the past few decades, the Indian legal system has witnessed significant changes aimed at strengthening the rights of victims, including legislative reforms, judicial pronouncements, and the establishment of victim compensation schemes. Despite these developments, the protection and enforcement of victim rights remain uneven and inconsistent.
This article critically examines the legal framework governing victim rights in India, evaluates the effectiveness of existing legal protections, and identifies the challenges that undermine the realization of these rights. Through an analysis of statutory provisions, landmark judgments, and international legal standards, this article aims to provide a comprehensive understanding of victim rights within the Indian criminal justice system and suggest measures to enhance their protection and enforcement.
Concept of Victim Rights
Section 2(wa)[1] of the Code of Criminal Procedure, 1973 (CrPC) defines “victim” as “any 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 ‘victim’ includes his or her guardian or legal heir.” Victim rights are the legal rights of people who have been physically, emotionally, financially, or psychologically harmed by a criminal act. These rights include the right to participate in legal proceedings, the right to be protected from intimidation and retaliation, the right to compensation and restitution, and the right to be informed and supported during the criminal justice process.
Through a combination of international influences, judicial activism, and statutory enactments, victim rights have developed in India. A worldwide standard for victim rights, the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) highlights the importance of victims’ access to justice, equitable treatment, restitution, compensation, and support. When interpreting domestic legislation pertaining to victim protection, Indian courts have regularly invoked these ideas.
Legal Framework for Victim Rights in India
Code of Criminal Procedure (CrPC), 1973
The CrPC lays down the procedural framework for the investigation, prosecution, and trial of criminal cases in India. Several provisions of the CrPC are designed to protect the interests of victims[2]
- Right to be Heard – Section 24(8) of the CrPC allows the victim to engage a private counsel to assist the prosecution. This enables the victim to present their perspective and influence the course of prosecution.
- Right to Compensation – Section 357 and Section 357A of the CrPC provide for compensation to victims. o Section 357 authorizes the court to award compensation to victims out of the fine imposed on the accused upon conviction.
o Section 357A establishes the Victim Compensation Scheme, under which state governments are required to provide compensation to victims or their dependents in cases where the accused is not identified or convicted.
- Right to Protection and Rehabilitation – Section 164A of the CrPC mandates the medical examination of victims of sexual offences, ensuring timely medical attention and collection of evidence.
- Protection from Secondary Victimization – Provisions under Section 309(1) of the CrPC provide for the expeditious trial of cases to prevent prolonged trauma and harassment of the victim.
Indian Penal Code (IPC), 1860
The IPC recognizes various offences where the victim’s rights and protection are prioritized[3]
- Section 354 – Outraging the modesty of a woman
- Section 375 – Rape
- Section 376 – Punishment for rape
- Section 509 – Insulting the modesty of a woman
These provisions not only define the offences but also establish punitive measures to protect the dignity and safety of victims.
Protection of children from sexual offences Act (POCSO), 2012
The POCSO Act provides a specialized framework for handling cases of sexual offences against children. It mandates child-friendly procedures, speedy trials, and confidentiality to protect the interests of minor victims[4].
Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act recognizes the right of victims of domestic abuse to seek protection orders, residence orders, monetary relief, and custody of children. The Act establishes the role of protection officers and service providers to assist victims in securing their rights[5].
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
This Act provides enhanced protections to victims from Scheduled Castes and Scheduled Tribes against caste-based discrimination and violence. It mandates special courts and compensation for victims of such offences[6].
Judicial Recognition of Victim Rights
Indian courts have played a pivotal role in expanding the scope of victim rights through progressive interpretations and landmark judgments[7]:
Delhi Domestic Working Women’s Forum v. Union of India (1995)
Facts
The petition was filed by the Delhi Domestic Working Women’s Forum (DDWWF) on behalf of four domestic workers who were gang-raped by seven army personnel while they were traveling on a train from Ranchi to New Delhi in 1994. The victims, who were poor and vulnerable domestic workers, faced severe trauma and lacked proper legal and psychological support. They were subjected to social stigma and further victimization while trying to seek justice. The petition highlighted the systemic failures in providing adequate support and compensation to rape victims, especially those from marginalized backgrounds. The DDWWF approached the Supreme Court, seeking guidelines to ensure protection, compensation, and proper legal representation for victims of sexual assault.
Issues
- Whether the victims of sexual assault, particularly those from marginalized backgrounds, were being provided adequate legal aid and support?
- Whether the state had a duty to provide compensation and rehabilitation to the victims?
- What guidelines should be established to ensure fair treatment and protection of rape victims during the legal process?
Judgment
The Supreme Court, in a landmark judgment, recognized the vulnerability of domestic workers and the systemic barriers they face in accessing justice. The Court laid down important guidelines to protect the rights and dignity of rape victims, including:
- Free Legal Aid: The Court mandated that rape victims must be provided free legal aid and representation at all stages of the legal process.
- Compensation: The state was directed to provide interim compensation to the victims to cover medical and psychological care.
- Counseling and Rehabilitation: Victims were entitled to psychological counseling and support for rehabilitation.
- In-Camera Proceedings: The Court directed that trials involving sexual assault cases should be held in-camera to protect the privacy and dignity of the victims.
- Victim-Friendly Procedures: The Court emphasized that victims should be treated with sensitivity during medical examinations and court proceedings, and the involvement of women police officers should be encouraged.
Significance
The judgment was a significant step in recognizing the rights of sexual assault victims, particularly marginalized women. It established the principle that the state has an obligation to ensure access to justice, compensation, and rehabilitation for rape victims. The case also highlighted the need for systemic reforms in handling sexual assault cases and laid the groundwork for strengthening victim rights in India.
Recommendations for Strengthening Victim Rights
To strengthen victim rights in the Indian criminal justice system, a victim-centric approach is essential. ensuring effective legal representation is crucial. The Legal Services Authorities Act, 1987, provides free legal aid, but access remains limited[8]. Appointing victim advocates and establishing victim support cells in courts and police stations would improve legal assistance. Introducing a Victim Bill of Rights, similar to the European Union’s Victims’ Rights Directive (2012), would give victims enforceable rights to information, protection, and support.
The victim compensation mechanism under Section 357A[9] of the CRPC needs reform. A centralized National Victim Compensation Fund would ensure timely financial relief for medical care, psychological support, and rehabilitation. Compensation should also include vocational training and housing assistance.
Psychological and emotional support is vital for victim recovery. Establishing one-stop crisis centers for medical, legal, and emotional care, as recommended by the Justice Verma Committee Report (2013), would provide immediate and long-term support. Training law enforcement and judicial officers in trauma-informed care would also improve victim sensitivity[10].
Ensuring victim protection and privacy is essential. In-camera trials, prohibition of victim identity disclosure, and witness protection programs would prevent secondary victimization. Victim-friendly police stations with trained female officers would further enhance victim confidence in reporting crimes.
Victim participation in the justice process should be strengthened. Victims should have the right to challenge prosecutorial decisions and be informed of case progress. Specialized victim rights units within the Ministry of Home Affairs and the judiciary would ensure consistent enforcement of victim protections.
Conclusion
The recognition and protection of victim rights represent a significant shift towards a more balanced and equitable criminal justice system in India. While the existing legal framework provides a strong foundation for safeguarding victim rights, the challenges of implementation, awareness, and support services remain significant barriers. Strengthening victim participation, ensuring swift and fair compensation, and providing comprehensive support mechanisms are essential to realizing the promise of justice for victims. A victim-centric approach to criminal justice will not only enhance public trust in the legal system but also contribute to the broader goal of social justice and human rights protection.
References
[1] Code of Criminal Procedure, 1973
[2] Code of Criminal Procedure, 1973
[3] Indian penal code, 1860
[4] Protection of children from sexual offences Act, 2012
[5] Domestic Violence Act, 2005
[6] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
[7] Delhi Domestic Working Women’s Forum vs. Union of India (1995) SCC (1) 14
[8] The Legal Service Authority Act, 1987
[9] Code of Criminal Procedure, 1973
[10] Justice Verma Committee Report on Amendments to Criminal Law (2013)
