VICTIMOLOGY IN INDIAN CRIMINAL JUSTICE SYSTEM: RIGHTS AND REMEDIES

Abstract

This article critically examines the evolution and current status of victimology within the Indian criminal justice system, with a focus on the rights and remedies available to victims of crime. Historically marginalized, victims in India have gradually gained recognition through legislative reforms, judicial activism, and policy changes that emphasize their participation, protection, and compensation. The analysis highlights key developments such as the introduction of state-funded compensation schemes, legal aid provisions, and victim protection measures, as well as the challenges that persist in their effective implementation. Drawing on statutory provisions, landmark judgments, and recent reforms like the Bharatiya Nagarik Suraksha Sanhita (BNSS), the article underscores the shift from an offender-centric to a victim-centric approach. It concludes by identifying ongoing gaps in awareness, infrastructure, and timely delivery of remedies, and calls for a more robust, empathetic, and accessible system to ensure substantive justice for victims in India.

Introduction

Victimology which is the study of victims and their interaction with the criminal justice system has become a very important field of study in present day legal discourse. In the past Indian criminal justice system was very much offender centered which looked at crime mainly as an issue between the individual and the state and not the person against person issue. As a result in practice victims took a back seat, their rights and needs were paid little attention. But in recent years we have seen a great change in the way we as a society look at victims which is towards recognizing them as key players which we must protect, include in the process of justice and see to it that they are made whole. This change is seen in new legislation, in what the judiciary is saying and in policy which is put forth to empower victims and to give them what they are due in terms of compensation, legal aid and protection. Although we have made great progress in this area, still we have a way to go in terms of delivery of prompt and effective justice to victims.

Evolution of Victim-Centric Justice in India:

In the development of victim centered justice in India we see a great shift in the country’s criminal justice approach  from which for long we punished offenders and maintained social order to a model which is ever growing in its recognition and treatment of victims’ rights, needs and well being. For a long time Indian criminal law which was shaped by colonial laws like the Indian Penal Code of 1860 and the Code of Criminal Procedure of 1973 put forth penalty of the offender and maintenance of social order as prime focuses thus leaving victims in the background as mere witnesses with no say or support in the legal process.

Post independence we saw a slow but sure shift. The Indian Constitution in particular Article 21^[1] protected the right to life and personal liberty which in turn laid the foundation for the protection of victims of violence and abuse. However it was in the late 20^th century that the field of victimology really took off. The 154^th Law Commission Report of 1996 was a game changer which put forth a victim centered approach which included compensation, rehabilitation and legal representation of victims. This report in turn brought about great legislative change which saw the introduction of Section 357A^[2] to the CrPC which made it a responsibility of state governments to put in place victim compensation schemes.

Judicial action has been at the fore of the modern day discussion of issues related to which we see the needs of the victim at the core. In cases like Delhi Domestic Working Women’s Forum v. Union of India (1995) the Supreme Court saw it fit that the State should provide a structure for the redressal of women that has in its framework the elements of compensation and support in cases of sexual assault which includes a move beyond the simple act of prosecuting the offender. Also in The Best Bakery case (2002)^[3] we see the issue of protective measures for the witness and the conduct of the trial come to the front which in turn brought with it the changes in the legal structure to which the idea was to protect victims and witnesses from the intimidation which also includes what we may call secondary trauma.

In the early 21^st century, there was a push for legislative changes which saw passage for Criminal Law (Amendment) Act, 2013 which came into effect as a result of the Nirbhaya case^[4].  This amendment which expanded what was available to victims of crime, increased penalties for sexual crimes, and put in place what is today a model for psychological support and counseling.

In recent years the Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023 has put in place which are more institutional in nature that are bringing forward issues related to the compensation and the speed of delivery of effective and timely solutions for victims of serious crimes. Also these changes indicate a shift towards what is called ‘restorative justice’.

Despite what we have seen in terms of progress, we still see issues like variable implementation, procedural delays, and low public awareness which are very much present in the establishment of a completely victim centered justice system. Also we can see that in the Indian development of victimology there is an on going and at times turbulent transition toward a more fair, human and inclusive approach  one that aims to empower victims, protect their rights, put in place effective remedies within the criminal justice system. 

Rights of Victims

1. Right to free access to justice and fair treatment:

Victims have the right to report crimes and see that their reports are filed at once. Section 154^[5] of the CrPC says that police must file an FIR for cognizable offenses which was brought out in Lalita Kumari v. Government of U.P^[6]. Victims’ rights include that they be treated fairly and with respect at all times in the criminal justice system which also focuses on their dignity and the prevention of secondary trauma.

2. Right to Participation in Proceedings:

Victims play a pivotal role in the criminal process which includes being advised of bail applications (Section 439 CrPC) and the right to appeal if bail is granted to the accused. They may present a pleader which the prosecution uses at which time the Public Prosecutor will direct. Recent changes in laws and court decisions have put more focus on the role of the victim, in particular in serious crimes.

3. Right to Restitution and Compensation

Victims are to be provided with restitution and compensation for what they have gone through as a result of the crime. In Section 357 and 357A of the CrPC it is stated that which compensation will be given to victims including of the state’s funding into those programs which also doesn’t require the conviction of the offender.

4. Right to Assistance and Protection

Victims are entitled to legal aid, medical care, psychological counseling, and rehabilitation. Protection measures present also include the use of witness protection programs, at closed sessions for what is very sensitive material which may include sexual crimes and also we see to it that the identity of the victim is protected especially that of women and children. The inculcation of The Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace Act, 2013 does much to protect certain vulnerable groups.

5. Right to Information

Victims have the right to be updated on the progress of their case, the status of the accused, and any court decisions which affect their interest. They must be made to know their rights, available remedies, and support services.

6. Right to Decency, Privacy, and Non Discrimination

The criminal justice system is to respect that which is of the victims’ dignity and privacy which includes in cases of sexual violence or minors, also be free from discriminatory practices which include that based on gender, caste, or socio-economic status and also the system is to be made aware of the issues of marginalized groups.

7. Right to Appeal

In some cases there is a right of appeal for victims against acquittals or short coming in sentencing which in turn sees to it that their issues are addressed post trial.

Remedies for victims

1. Victim Compensation Schemes: Section 357A of the CrPC requires state governments to put in place victim compensation schemes for victims and their dependents in which the identity of the accused is not determined or the accused is not convicted. The 2015 Central Victim Compensation Fund Scheme which also backs up state efforts aims to equal out the compensation which different states are giving. Compensation is provided for physical and psychological injuries as well as financial loss. In a similar fashion it is the role of the courts to put forth recommendations and that of the victims to approach State or District Legal Services Authorities (SLSA/DLSA) which in turn must determine the quantum of compensation within two months.
2. Judicial Remedies and Interim Relief: Courts may award interim compensation or maintenance which is to provide immediate relief to victims during the course of criminal proceedings as reported in Bodhisattwa Gautam v. Subhra Chakraborty^[7]. Ashwani Gupta v. Government of India^[8] and Karan v. State NCT of Delhi^[9] reports that it is the courts’ responsibility to determine compensation in all criminal cases according to the seriousness of the crime and the degree of damage which resulted.
3. Restitution and Civil Remedies: Victims can bring forward civil cases against perpetrators but this process is very often to be a long and complex one. Restitution seeks to return the victim to the condition they were in before the offense took place.
4. Assistance and Rehabilitation: Legal services, counseling, medical care and psychological support are provided by District Legal Services Authorities (DLSA) and victim support cells. Rehabilitation programs include vocational training, shelter, and financial support for reentry into society although implementation which varies by state.
5. Protection and Procedural Safeguards: Victims’ rights include protection from intimidation and secondary victimization which may also take the form of witness protection programs and in camera proceedings for what is sensitive material (for instance sexual offenses).

Recent Reforms: A Move Toward Justice for Victims

Recent years have seen which in India’s criminal justice system is a shift toward greater victim centeredness which has brought forth legislative, judicial, and administrative reforms. These changes put away the past which saw justice focused only on penalizing the culprit to instead we have a focus on doling out substantive justice, rehabilitation, and dignity to victims. Notable among these are:

• Passage of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

From July 1, 2024 the BNSS comes into play which has in its wake replaced the Code of Criminal Procedure, 1973 and puts forth a strong structure for victim rights and compensation which we see in Section 396^[10] which institutionalizes the state’s role in supporting victims which in some cases may be that of the unknown or unable to pay offender.

• Expansion of Victim Compensation Programs

Earlier, per Section 357A of the CrPC states put in place their own victim compensation which in turn produced a range of different and inconsistent schemes across India. The BNSS is to put in place a uniform structure for these schemes which also sees a reduction in documentation requirements, and promotes the use of digital platforms for filing and tracking claims.

Recent in State level changes (for instance in Delhi, Meghalaya) we see that the definition of “victim” has been expanded and now includes dependents and victims of mob violence or lynching also which is to be dealt with within a specified time frame.

• Interim and Holistic Relief

BNSS in Section 396 provides for the payment of interim compensation prior to the end of a trial which includes serious crimes like rape, acid attacks and murder.

Some states including Odisha have put in a comprehensive program which is beyond financial compensation.

• Judicial Endorsement and Constitutional Backing

The Supreme Court has reported that under Article 21^[11] which is the right to life and personal liberty this is a fundamental right which they are seeing to is included the element of the victims’ dignity and rehabilitation.

• Administrative and Technological Innovations

In states like Kerala and Delhi digital portals have been introduced which enable victims to apply for and track compensation claims online which in turn reduces bureaucratic delays. The implementation of oversight organizations and training for judicial and administrative personnel is to promote empathy and efficiency in victim compensation cases.

• Challenges and the Road Ahead

Despite the reforms, issues still do takes place, e.g. which play out to be different levels of compensation between states, admin delays, and also a large gap in terms of information which reaches victims in particular in rural areas.

Recent Supreme Court rulings and policy changes which include the use of blockchain and AI in fund distribution point to an on going effort to create a very victim centered system which does and also works towards the rehabilitation of victims.

Challenges in Implementing Victim-Centric Reforms in the Indian Criminal Justice System

Despite progress in legislation and policy which was meant to empower victims we see that in practice the rollout of victim centered reforms in India is still very much a work in progress:.

• Implementation Gap

In many cases there is a large gap between what victim centered laws intends to do and how they play out in practice. Many reforms which included the passage of the BNSS in 2023 saw implementation issues due to lack of detail in action plans and weak administrative follow through.

• Resource Constraints

Effective quality support for victims  which includes compensation, legal aid, and rehabilitation  is very large scale resource issue. Many states do not have enough of the right kind of funding, trained personnel, and infrastructure to put these into practice in rural and semi-urban areas.

• Technological and Digital Divide

The new set of laws put in place which include the move to digital procedures (e.g. electronic FIRs, digital evidence) see large scale which many areas are lacking in the required technology and digital literacy.

• Lack of Training and Capacity Building

Police, judiciary, and legal professionals are to blame for a lack of proper training which in turn sees them deal poorly with issues like that of sensitive witness cross examination, digital evidence, and compensation procedures. This in turn causes delays and defects in procedure.

• Ambiguities and Procedural Complexities

Vague terms, blurry rules (e.g. electronic FIRs, community service, and witness protection) and also different use of language in the same context which in turn causes confusion for law enforcement and judicial staff, which we see play out in the inconsistent application and interpretation of victim rights.

• Societal Attitudes and Institutional Resistance

Societal biases which are very much a part of our structure  in terms of gender, caste and minority status  still play a role in how we treat victims. Also inaction and resistance to change within police and judicial systems which slows down the adoption of victim centered practices.

• Inadequate Witness and Victim Protection

Despite what the laws say, we see that which protects and supports victims isn’t put in place or is very weak which in turn puts them at risk of intimidation and secondary trauma.

• Lack of Awareness and Accessibility

Many are made unaware of what rights they have and what options are available to them which in turn is a result of low awareness and legal literacy in certain groups.

• Transitional and Coordination Issues

The shift from past laws to the new BNSS and BNS frameworks brings in question especially for present cases. Agency coordination which includes police, courts, legal services authorities, is very weak and a issue for the smooth delivery of victim services.

Conclusion

In the growth of victimology within the Indian criminal justice system we see a shift from a focus on offenders to a greater recognition of victims’ rights, needs and dignity. Legislative changes, judicial activism and policy actions which include the introduction of state funded victim compensation schemes, better access to legal aid, and protective measures – are a response to this trend towards restorative and substantive justice.  However we are still at the beginning of a truly victim centered approach. We see that there are issues which include implementation gaps, resource constraints, lack of information, and social bias which in turn are preventing us from seeing full realization of victims’ rights and remedies. To bridge these gaps we require not only what legislation says it will do but also that we see from administrative bodies, we put resources into building up victim support and change as a society and our attitude toward victims. In the end what we see of the Indian criminal justice system is how it does or does not marginalize victims and instead see them take part as empowered players in the pursuit of justice. We must put forward a whole of government approach which includes legal, psychological and social support to restore victims’ faith in the system and protect their fundamental rights. Only then do we see full justice which in turn reflects the intent of the law as well as it’s practical application.

 

References

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