Rough Draft Subject: Code of Criminal Procedure Project Topic: Indian Criminal Justice System: A Quest for Rights

of Victims of Crime

Submitted to: Mr. R. P. Srivastava, Visiting Professor, Dr. RMLNLU.

Submitted by: Krishna Pratap Singh, Roll No. 071, Sec. (A), 5th Semester, B.A., LL.B. (Hons.), Dr. RMLNLU.

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1. Introduction
It is important to appreciate the meaning of the term victims of crime. [Section 2 (wa)] 1 defines the victim as a person who 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. In other words, the victims of crime are those who have already suffered harm or are perhaps still suffering, directly or indirectly, as a consequence of crimes having been committed. The immediate family or dependants of the direct victims, who are adversely affected, are also included within the meaning of the term Victims. The plight of the victims does not end with the crime but it continues. It may even enhance, subsequent to the crimes, they face the rigors of the reality, such as lack of support system, insufficiency of social assistance, and sense of insecurity. They also experience the complexities of police investigation, magisterial inquiry and criminal trial. Criminal Justice System in India is not only a crucial component of the government but it is also an important instrumentality of the State for preservation of peace in the society and protection of the rights of the people. It is charged with the duty of maintaining order in accordance with law. Protection of the innocents and punishment of the offenders are the goals it attempts or endeavors to achieve. The internal security alone is no longer the only field of its operation. It is now called upon to play a positive role and to contribute its mite affirmatively towards social justice, economic development and national welfare, through impartial, fair and judicious enforcement of the Rule of Law. The adoption by the General Assembly of the United Nations, at its 96 th plenary on November 29, 1985 of the Declaration of basic Principles of Justice for Victims of Crime and Abuse of Power (hereafter U. N. Declaration) constituted an important recognition of need to set norms and minimum standards in international law for the protection of victims of crime. The U. N. Declaration recognized four major components of the rights of victims of crime: (i) Access to justice an d fair treatment; (ii) Restitution; (iii) Compensation;

(iv)Assistance. Clause 4 and 5 of U. N. Declaration read thus: 4. Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered.
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As amended by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009)

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5. Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms. Under Clause 8 of U. N. Declaration, restitution includes, the return of property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of the victimization, the provision of services and the restoration of rights. Clause 11 states, Where public officials or other agents acting in an official or quasi-official capacity have violated national criminal laws, the victims should receive restitution from the State whose officials or agents were responsible for the harm inflicted. In cases where the Government under whose authority the victimizing act or omission occurred is no longer in existence, the State or Government successor in title should provide restitution to the victims. Under Clause 12 of U. N. Declaration the onus is on the State to endeavour to provide financial compensation to victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes as well as to the family, in particular dependants of persons who have died or become physically or mentally incapacitated as a result of such victimization. Clause 14 provides. Victims should receive the necessary material, medical, psychological and social assistance through governmental, voluntary, community-based and indigenous means. 2. Tentative Overview of Final Project: In the first part of the project it is proposed to examine how far the prevailing legal framework in India conforms to the norms and standards that were sought to de set by the U. N. Declaration nearly two decades ago. It also notices relevant judicial dicta that have sought to address the needs of the victims of the crime. In the second part the prevailing international trends and recent local developments are briefly noticed. The concluding part offers certain suggestions as regards the nature of the changes are required in order to make the system respond effectively to the needs of victim of crime.

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