RIGHTS OF VICTIM UNDER INDIAN

CRIMINAL JUSTICE SYSTEM

Project submitted to

Mr. Manoj Kumar

Project submitted by

Nitesh Dhankhar

(Section-B, Roll No. 84, Sem. -7)

1
 HIDAYATULLAH NATIONAL LAW
UNIVERSITY
NAYA RAIPUR, C.G.

ACKNOWLEDGEMENTS
The successful completion of any task would be, but incomplete, without the mention of
people who made it possible and whose constant guidance and encouragement crowned my
effort with success.

I would like to thank my course teacher Mr. Manoj Kumar for providing me the topic of my
interest. Also I would like to thank our Vice Chancellor for providing the best possible
facilities of I.T and library in the university.

I would also like to extend my warm and sincere thanks to all my colleagues, who
contributed in innumerable ways in the accomplishment of this project.

Nitesh Dhankhar
Roll No.84
Semester VII

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 Table of Contents
TOPIC PAGE NO.

Introduction 5
Chapter Scheme 6
o Methodology to Prepare Paper

Meaning Of Victim/ Who Is a Victim 7

Victimology 8

International Perspective Towards Rights Of Victim 10

o Early Babylonian law code-
o When did Criminologist discover the victim?

History, Development and Current Position In 1ndia 13

o The Constitution of India
o Indian Penal Code
O Criminal Procedure Code
o Compensatory Rights
o Other rights available to the victim in Cr.P.C.
o Right of Complainant/ Victim to lodge FIR
o Rights of victims of Rape & offence against modesty to give statement
o Provision to ensure fair trial
o Right to Appeal
o Right to say at the stage of bail
o Right of compounding and Plea Bargaining

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Other Provisions to Protect Special Categories of Victims 19
o The Scheduled Castes and the Scheduled Tribes Act, 1989
o The Workmen Compensation Act. 1923
o The Police Act 1861
o Railways Act 1989
o The Probation of Offenders Act. 1958
o The Motor Vehicles Act 1988
o Indian Fatal Accident Act, 1855
o Protection of Women from Domestic Violence Act. 2005
o The Maintenance And Welfare Of Parents And Senior Citizens Act 2007
o The Sexual Harassment of Woman at Work Place (Prevention. Prohibition)
o Protection of Children from Sexual Offences Act. 2012

Affirmative Action by Higher Judiciary 22

o Vicarious liability of Government
o Statutory Powers not being used freely and liberally
o Restitution of Victims
o Informant to be heard before accepting closure report
o Mandatory Duty of The Court
o Victim can knock the door of Higher Court for compensation
o Right of Victim in stage of bail
o Compensation as an interim relief irrespective of the result of the case
o Constitutional obligation to do complete justice for victims
o Court itself can award Compensation in a case of human right violation
o Monetary compensation for redressal
o Pretreatment to acid attacked victims
o Right to life and liberty and gender equality

Plight of Victims 27

Challenges and Proposals for Measure for Victim in India 29

Conclusion 31

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List of Books and Articles 33

INTRODUCTION

"My life has been permanently changed. I will never forget being raped,
kidnapped, and robbed at gunpoint however; my sense of disillusionment with the
judicial system is many times more painful. I could not, in good faith, urge anyone
to participate in this hellish process."

This is a statement made by a victim testifying at a sub-committee hearing on the Victim and
Witness Protection Act of 1982 in the U.S. The victim's apathy towards criminal justice
system is clearly articulated by this statement.1

In the inception, the criminal justice System was focused on punitive process only. The
adjudicating authorities were complacent either by convicting or acquitting the accused by
subjecting him/her to a fair trial. During lapse of time it was found that the criminal justice
system was more or less revolving around the accused and in this way the victim has been
totally ignored by the courts.

The initial focus of criminologists were only on the aspect of punishment but the focus
started shifting when they encountered with the fact that the person who is victim of crime is
getting nothing out of the whole process of criminal justice system or is getting a so called
satisfaction by seeing the offender punished. Therefore, jurists, penologist etc in all countries
started giving their full attention to the cause of victim in the form of compensation and other
reliefs. Hence the whole debate started about ways, means and extent of compensation. This
paper is an addition to the same as it tries to look in to the position of rights available to the
victim in Criminal Justice System.

1
A. T. 37 reprinted in 1982 U.S. Code congress and admin. News at 2543.

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 CHAPTER SCHEME
The whole paper is divided into five chapters. The first chapter is introductory in nature. We have tried
to bring forward the concept of rights of victims of crime. Second chapter depicts the international
perspective of the rights of victims. The third chapter of the research work is devoted to the
comprehensive study and analysis of the history, development and legal provisions of compensation in
India. Further this chapter has been divided into two parts i.e. general laws and special laws. In general
law the Code of Criminal Procedure, 1973, Constitution and in Special laws like Probation of Offenders
Act, 1958, Motor Vehicle Act, 1988 etc. have been discussed. In this chapter plea bargaining is
explained. The chapter deals with the role of judiciary giving rights to victim of crimes by awarding
compensation . The last chapter concludes the paper with the challenges and some concrete suggestions.
The study is a humble effort towards the main objective of providing a viable legislation which could
provide rights to the victims of crime so that the victim is not ignored in the whole process of
administration of justice. Thus, this paper is an attempt to streamline the existing laws relating to rights
of victim, particularly with special reference to the rights of victims under our criminal justice system.

METHODOLOGY TO PREPARE PAPER

For the completion of this presentation work, primary as well as secondary sources of information have
been utilized to collect datas and citations through web port. The other sources of information
includes standard reference books, law reporters, Committee and commission reports,
journals, magazines and newspapers. The method of research used in the proposed study is
analytical, comparative, critical and empirical in nature. For this purpose the survey of
decided cases of Hon'ble Supreme Court as well as High Courts, as reported in different law
reporters have been analysed and enlisted. The present study also takes into account, the
report of Law Commission of India and various other committees’.

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 MEANING OF VICTIM/ WHO IS A VICTIM
John P. J. Dussich in Victimology - Past, Present And Future2 explained (Webster's 1971):
The word "victim" has its roots in many ancient languages that covered a great distance
from north-western Europe to the southern tip of Asia and yet had a similar linguistic pattern

Further the word "Victim" has it roots in the early religious notions of suffering, sacrifice and
death. This concept of "victim" was well known in the ancient civilizations, especially in
Babylonia, Palestine, Greece, and Rome. In each of these civilizations the law mandated that
the victim should be recognized as a person who deserved to be made whole again by the
offender.

3
In "State of Gujarat v. Hon'ble High Court of Gujarat” Hon'ble Supreme Court held that "A
glimpse at the field of victimology reveals two types of victims. First type consists of direct
victims i.e. those who are alive and suffering on account of the harm inflicted by the prisoner
while committing the crime. Second type comprises of indirect victims who are dependants of
the direct victims of crimes who undergo sufferings due to deprivation of their breadwinner. ”

Later on by Crimial Law Amendment Act 20084 the term "victim" was defined by inserting a
new Section 2 (Wa) in Cr.P.C. According to this section "Victim means a person who has
suffered any loss or injury caused by reason of an act or omission for which the accused
person has been charged and the expression victim includes his or her legal guardian or
legal heir.”

In wider sense, the victims of crime are those who have already suffered harm or are perhaps
still suffering, directly or indirectly in consequence of crimes having been committed. The
2
John P. J. 'Dussicft' in Victimology- Past, Present And Future.
3
State of Gujarat vs High court of Gujarat AIR1998 S.C. 3164.
4
The Criminal Law Amendment Act 2008, (No 5 of 2009) (w.e.f. 31.12.09).

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immediate family memebers or dependents of the direct victims, who are adversely affected
are also included within the meaning of the term VICTIM. The plight of the victims does not
end with the crime but it continues. It may even persist and 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.

VICTIMOLOGY
“Victims should come first” - by Salvadoran Human Right Activist Maria Julia Herandez.5

In this paper the term “Victimology” has been used frequently. Therefore to understand this
term it would be expedient to understand this word. Vicitmology is a science which is the
reverse of the criminology, to study about victim, victimisation, reactions and effects of
victimisation. Victimology is considered to be a sub-discipline of criminology. The concept
of a science to study victims and the word "victimology" had its origin with the early writings
of Benjamin Mendelsohn (1937; 1940), these leading to his seminal work where he actually
proposed the term "victimology" in his article "A New Branch of Bio-Psycho- Social
Science, Victimology".6

Secondary Victimization
Another aspects which cannot be overlooked is the secondary victimization of the victims of
crime by the agencies of criminal justice system and the society. After the commission of
crimes, victims have to suffer in the society in many ways. Secondary victimization through
the process of criminal justice may occur because of difficulties in balancing the rights of the
victim against the rights of the accused or the offender.

The Hon'ble Supreme Court held "Rattiram v. State of M.P. through Inspector of Police" 7 The
criminal jurisprudence, with the passage of time, has laid emphasis on victimology which
fundamentally is a perception of a trial from the view point of the criminal as well as the
victim. Both are viewed in the social context. The view of the victim is given due regard and
respect in certain countries. In respect of certain offences in our existing criminal

5
‘Prominent human rights advocate who tried to speak for victim of civil war ‘EL Salvador’.
6
‘A new Branch of 'Bio Psycho-Social Science, Victimology" (1956).-'By “Benjamin Mendelsohn.
7
Rattiram vs State of M.P. through Inspector of 'Police A.I.R. 2014 SC 1485.

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jurisprudence, the testimony of the victim is given paramount importance. Sometimes it is
perceived that it is the duty of the court to see that the victim's right is protected.

Secondary Victimization refers to the indirect result or consequence of the criminal act
through response of institutions and individual to the victim. In times this may amount to a
complete deniel of human rights to victims from particular cultural groups, classes or
particular gender. There is refusal to recognize their experiences as criminal victimization.
The physical, social, psychological, trauma inflicted on the victim can not be denied.

Regardless of the outcome of the criminal prosecution, or even if there was no prosecution,
crime victims can file civil law suits against offenders and other responsible parties. Unlike
the criminal justice process, the civil justice system does not attempt to determine an
offender's guilt or innocence. Offenders are also not put in prison. Rather, civil courts attempt
to ascertain whether an offender or a third party is liable for the injuries sustained as a result
of the crime. If defendants are found civilly liable, courts may order them to pay monetary
damages to victims. While money awarded in civil lawsuits can never fully compensate a
victim for the trauma of victimization or the loss of a loved one, it can be a valuable resource
to help crime victims rebuild their lives. Moreover, the exposure to civil liability is a
powerful incentive for landlords, businessmen, and other proprietors to enact the security
measures necessary to prevent future victimizations.

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 INTERNATIONAL PERSPECTIVE TOWARDS RIGHTS OF VICTIM
“Mankind censure injustice fearing that they may be the victims of it, and not because they
shrink from committing it.” –Plato 8 Historically, the principle of compensation to the victims
of crime or wrong had been a part of most legal systems.

Early Babylonian law code-

Approximately 4000 years ago of “The Code of Hammurabi” there existed “Early
Babylonian law Code" providing compensation to the victim in the following manner-
1. Strong should not harm the weak.
2. If the “robber” is not captured & prosecuted state is liable to make good loss suffered by victim.
3. The person who has injured or maimed another person's ox, to “restore” by act and deed the victim
until the ox was well or replaced.

The Hammurabi code of ancient Babylonian makes the earliest reference to state compensation for
victims of crime. It specified that: "If a man has committed robbery and is caught, that man shall
be put to death. If the robber is not caught, the man who has been robbed shall formally
declare what he has lost and the city shall replace whatever he has lost for him. If it is the life
of the owner that is lost, the city or the mayor shall pay one maneh of silver to his kinsfolk. ”

When did Criminologist discover the victim?

Law Reform Commission of Italy (1922): Criminal procedure has a 'triangulation of
interests’

8
The Republic – Plato.

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Criminologists discuss 'compensation' rather than ‘restitution’ : Advin Sutherland (1923)
published the first edition of his text book on criminology. In 1924 he revised that text book
and inserted a chapter on "The Victim”.9

In the modem age, New-Zealand emerged as the first country to have established a
programme of compensation to victim of crime. In 1964 a Criminal Injuries Compensation
Board was established to manage the schemes of compensation to victims of crime. Within
four months after this The United Kingdom introduced the scheme of criminal injuries
compensation. Resulted in the Criminal Injuries Compensation Act, 1969 and intends to
compensate victims of crime for the loss or expenses incurred as a result of that crime. The
definition of victim includes in it's fold the dependants, close relatives and friends.

The Canada Compensation Programme was first initiated in Ontario in 1967 under Law
Enforcement Compensation Act. It was re-enacted in 1971 and further amended in 1973.
Ontario program granted compensation both for injuries and death resulting from crimes of
violence. Compensation is also granted for injuries sustained while preventing or attempting
to prevent an offence and for injuries suffered during making of a lawful arrest.

The Council of Europe in convention of 1983, considered reasons of equity and social
solidarity to deal with the situation of victims of intentional crime of violence. Which
provides compensation for loss or earning, medical and Hospitalization expense and funeral
expense and as regards dependants loss of maintenance. This also provided the State shall
undertake and contribute to compensate the victims of crime. The convention has so far been
ratified by 17 member states.

In 1984, Congress of USA passed Victims of Crime Act, 1984 which established a “crime
victim fund" with the US treasury with the view to provide victim assistance and
compensation programme that offered ongoing support and service to those affected by
violent crimes. The legislation guarantees a certain amount of relief for compensable crimes
like Domestic Violence, Sexual assault, child abuse and the like.

9
Rattan Singh vs State of Punjab, (1979) 4 SCC 719.

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Within four months after this The United Kingdom introduced the scheme of criminal
injuries compensation. Resulted in the Criminal Injuries Compensation Act, 1969 and intends
to compensate victims of crime for the loss or expenses incurred as a result of that crime. The
definition of victim includes in it's fold the dependants, close relatives and friends.

Cognizant with the fact that millions of people through out the world suffer harm as a result
of crime and the abuse of power, the U.N., General Assembly adopted a resolution on
November 26, 1985, dealing with the rights of victims.

The right of compensation to the victim was finally crystallised in the United Nations
Declaration of Basic Principle of Justice for Victims of Crime Abuses of Power of 1985,
which recognises four types of rights and entitlements of victims of crime-
1. Access to justice and fair trial,
2. Right to restitution,
3. Personal assistance and support services, and
4. Compensation.

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 HISTORY, DEVELOPMENT AND CURRENT POSITION IN 1NDIA
The evolution of the concept can be traced both historically and theoretically. The concept of
Right of victim by way of compensation was not new to India and existed in more developed
sense then the present. Manu in Chapter VIII, verse 287 clearly says that if limb is injured, a
wound is caused or blood flows, the assailant shall be made to pay the expense of the cure or
the whole. He further in verse 288 says that: He who damages the goods of another, be it
intentionally or unintentionally, shall give to the owner a kind of fine equal to damage.

The quotes regarding the same can be found even in the works of Brihaspati . This is in brief,
the law relating to compensation to the victim of crime that existed in ancient civilization of
India. In the pre independence period the criminal justice system remained largely
preoccupied with the crime-control oriented policy that viewed criminal justice in terms of a
state monopoly with a narrow focus of justice, confined to the state and accused. However, in
the post-independent e period it expanded beyond the reformation and rehabilitation of the
offender to acknowledge the plight and concerns of the victims.

Inspite of these emerging trend the aspect of rights of victim, more particularity, the aspect of
compensation, remains subordinate to the punitive role of the Slate. Great Jurist of our
country Justice Krishuno Iyer, In Italian Singh 7 highlighting the continued apathy of law to a
victim of crime, observed that:- "It is a weakness of our jurisprudence that victims of crime

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and the distress of the dependents of the victim do not find the Mention of law. In fact, the
victim reparation it still the vanishing point of our criminal law.”

Legislation in India dealing with Rights to “Victims of Crime”- The 154th Law Commission
Report on the Cr.P.C. devoted an entire chapter to Victimology in which the growing
emphasis on victims rights in criminal trials was discussed extensively as under increasingly
the attention of criminologists, penologists and reformers of criminal justice system has been
directed to victimology, control of victimization and protection of victims of crimes. Crimes
often entail substantive harm to people and not merely symbolic harm to the social order.
Consequently, the needs and rights of victims of crime should receive priority attention in the
total response to crime. One recognized method of protection of victims is compensation to
victims of crime. The needs of victims and their family are extensive and varied.
The principles of victimology has foundations in Indian Constitutional Jurisprudence. The
provision on Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV)
form the bulwark for a new social order in which social and economic justice would blossom
in the national life of the country (Article 38). Article 41 mandates inter alia that the State
shall make effective provisions for securing the right to public assistance in cases of
disablement and in other cases of undeserved want. So also Article 51-A makes it a
fundamental duty of every Indian citizen, inter alia to have compassion for living creatures
and to develop humanism. If emphatically interpreted and imaginatively expanded these
provisions can form the constitutional underpinning for victimology. Their dependents only
in a limited manner. Section 357 of the Code of Criminal Procedure incorporates this concept
to an extent and empowers the criminal courts to grant compensation to the victims.10

10
Ankush Shivaji Gaikwad vs State of Maharashtra 2013 A.I.R. SC. 3153.

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THE INDIAN CRIMINAL JUSTICE SYSTEM IS COVERED OVERALL BY FOUR

LAWS.
o The Constitution of India.
o Indian Penal Code.
o Criminal Procedure Code.
o Evidence Act.

THE CONSTITUTION OF INDIA

The need to address cry of victims of crime, for whom the constitution in its preamble holds
out a guarantee for "justice” is paramount The victims have right to get justice to remedy the
harm suffered as a result of crime. Article 21 of the Constitution guarantees “Right to life”,
which includes protection of life and liberty of all members of the society. Power of “judicial
review” is the principle in Article 32 and 226 exercised both by the Apex Court and High
Courts. Sight of access to justice under Article 39-A mandate right to legal aid to the victim
of the crime. It also mandates protection to weak, conciliation and medical aid to the victims
of the bereaved family and in appropriate cases rehabilitation measures including monetary
compensation.

INDIAN PENAL CODE

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The insertion of Section 166A Indian Penal Code was in the light of recent unfortunate
occurrence of offences against women. The legislature, after noticing the increasing crimes
against women in our country, thought it appropriate to expressly punish the police officers
for their failure to register FIRs in these cases. Section 166A(c) IPC lays down that if a public
servant (Police Officer) fails to record any information given to him under Section 154(1) of
the Code in relation to cognizable offences punishable under Sections 326A, 326B, 354,
354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or Section 509 of IPC he shall be
punishable with rigorous imprisonment for a term which shall not be less than six months but
may extend to two years and shall also be liable to fine. Section 166 B of the Indian Penal
Code (Inserted by the Criminal Law (Amendment) Act, 2013 (Act No. 13 of 2013) w.e.f.
03.02.2013), provides punishment for non treatment of victim to the person who is in charge
of a hospital either public or private. Coupled with the provision under section 357(c) CrPC
which can be considered as right of victim. Indian Penal Code (45 of 1860) S. 228-A was
incorporated in IPC, where disclosure of identity of victim is restricted and punishable.

CRIMINAL PROCEDURE CODE

The rights available to the victims in Criminal Procedure Code can be classified in to two
parts viz compensatory reliefs and other rights.

Compensatory Rights -
The code of Criminal Procedure, 1973, inter alia, contains a provision which empowers a
criminal court to order payment of a specified sum of money,by way of compensation, at its
descretion , to the offender for making good the "loss” or “injury” inflicted by him on the
victim. This is enshrined in section 357(1) of the code which states that, the court may, while
imposing a sentence of fine or a sentence of which fines forms a part, order the fine recovered
to be applied in-: defraying the expenses properly incured in the prosecution. in payment of
compensation to the victim who has suffered a "loss” or “injury” by an offence, if such
person is entitled to it in a civil court. Section 357A (Inserted Vide Code of Criminal
Procedure (Amendment) Act, 2008, effective from 31.12.2009) Victim compensation
scheme-: Existing provisions of the Code for compensation were not able to scnv the purpose
in favour of the victim, section 357A was inserted which mandates the State Government to
prepare a scheme Victim Compensation Scheme in coordination with the Central government
to provide for a fund to compensate the victims of crime. Section 357 A of CrPC confers a

16
duty on the court to apply its mind to the question of compensation as well as rehabilitation
of victim in every criminal case whether accused is identified / traced or not, irrespective of
this fact that accused is convicted or acquitted. Section 359 Of the CrPC mandates that when
any person has been convicted in non cognizable case the court may order for the refund of
expenses incurred by the complainant in launching the prosecution.

Other rights available to the victim in Cr.P.C. -

After the Code of Criminal procedure (Amendment) Act, 2008 and Criminal law amendment
act 2013 (I) a radical and impactful change is found by introducing and redefining the rights
of victim to ensure fair investigation and timely justice. This provisions are summarized as
under: Section 24(8) of the Code lays down that victim is able to engage his advocate of his
choice to assist the public prosecutor. Section 26(A) of the code provides that offence under
section 376 and 376 (A) to 376 (E) of the Indian penal code shall he tried as far as practicable
by a court presided over by a woman. Section 157 second proviso of the Code of Criminal
Procedure ensures the privacy of a rape victim which provides that the statement of the rape
victim will be recorded at the residence of the victim or in a place of her choice or as far as
practicable by the woman police officer in the presence of her parent or guardian or near
relative or a social worker of the nearby locality,
1. Section 173(1-A) of the Code of Criminal Procedure stipulates a specific time of three
months for the investigating agency to complete the investigation if the allegation
relates to the offence of rape of a child.
2. Section 309 provides that when inquiry or trial relates to offence under section 376 to
376 E of IPC the inquiry or trial shall he completed within period of two months from
the date of commencement of examination of witnesses.

Right of Complainant/ Victim to lodge FIR -

The victim of a crime sets the criminal justice mechanism in motion by giving information to
the police under section 154 CrPC . Which must hr reduced into writing. The victim as an
informant is entitled to a copy of FIR forthwith, free of cost. If the officer in charge of a
police station refuses to lodge information, the victim can approach the Superintendent of the
Police, who in turn ,would make an inquiry or direct for investigation into the complaint.
Failing these mechanisms, the victim can present a complaint in a court of Judicial
Magistrate. A five Judge Bench of Hon'ble Supreme Court held in the judgment ofLalita

17
Kumari vs Govt. ofU. P. & Ors11 Registration of FIR is mandatory under Sec.154 of the code,
if the information discloses commission of a cognizable offence and the police officers are
duty bound to register the same.

Rights of victims of Rape and offence against modesty to give statement -

Section 164(5)A(a) CrPC imposes an obligation on the Magistrate to record the statement of
victim of offenses against women provided under section 354,354A to D, 376,376A to E.
Section 327(2) CrPC casts a duty upon the trial court to conduct in camera inquiry and trial of
rape or an offence u/s 376,376 A,B,C,D& E of IPC. Further such trial shall be conducted as
far as practicable by a woman Judge. It is also provided that it shall not be lawful for any
person to print or publish any matter in relation to any such proceedings, except with the
12
previous permission of the Court. In the case of Dinesh @ Buddha and Puttaraja13 it was
held that Indicating name of victim in judgments is inappropriate. Preventing social
victimisation or ostracism of victim is object behind it.

Provision to ensure fair trial -

Section 195A -This new section in the Code makes a provision for the witness or any other
person on his behalf to file complaint in relation to an offence in case of threatening etc.

Right to Appeal -
Section 372 Cr.P.C. gives an important right to the victim to prefer an appeal against any
order passed by the court acquitting the accused or convicting for a lesser offence or
imposing inadequate compensation.

Right to say at the stage of bail -

In granting and cancellation of bail, victims have substantial interest though not fully
recognised by law. Sec 439(2) of Cr.P.C. allows a victim to move the court for cancellation
of bail. Sec 439(2) Cr.P.C. as interpreted by the courts recognises the right of the complainant
or any aggrieved party to move the High Court or Court of Session for cancellation of bail
granted to the accused.Pooran vs Ravbilas.14

11
Lalita Kumari vs State of U.P. and others AIR 2014 SC 187.
12
Dinesh @ Buddha vs State of Rajasthan AIR 2006 SC 1267.
13
State of Karnataka vs Puttaraja AIR 2004 SC 433.
14
Pooran vs Ramvilas (200l)6SCC 338.

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Right of compounding and Plea Bargaining -
Sec 320 Cr.P.C. provides that in respect of certain offences covered by sub section (1)
thereof, the victim has an absolute right to bring the process of trial and punishment of the
offender to a halt.The victim has an unfettered right to compound the offence in such a case
and conclude the trial. Similarly, under Chapter 21A Right of Pre-trial negotiation (Plea
Bargaining) between accused and complainant through prosecution has been recognized in
which accused may agree to plead guilty in exchange of certain concession by the prosecutor
with the concurrence of victim. The benefit of plea bargaining is not for accused alone,
victim also gets suitable compensation as per the settlement in Plea Bargaining.

OTHER PROVISIONS TO PROTECT SPECIAL CATEGORIES OF VICTIMS

There are also significant developments in the form of new laws to promote the cause of
victims and to mitigate the sufferings of potential victims of vulnerable sections of the
population such as women,children and elders. The enactments passed by parliaments have a
significant bearing in preventing victmization and giving relief to victims.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 -
The sole objective behind this legislation is to prevent the commission of offences of
atrocities against the members of the Scheduled Castes and Scheduled Tribes, and for
providing the reliefs and rehabilitation of the victims of such offences. Under this
Act,compensation to victims is manadatory, besides several other reliefs depending on the
types of atrocity. The victims are entitled to receive compensation ranging from Rs. 25,000/-
to Rs. 2,00,000/- depending on the gravity of the offence.

The Workmen Compensation Act. 1923 -

This Act provides for the payment, by certain classes of employers to their workmen, or
compensation to workman for injury suffered in accident occurring during or in the course of
employment.The act also lays down the process of determination of payment of
compensation by enlisting the injuries deemed to result in permanent or partial

19
disablement,the occupational diseases and compensation payable in schedules I,III,and TV
annexed to it.

The Police Act 1861 -

Section 15A of the Act speaks about awarding compensation to sufferers from misconduct of
inhabitants or persons interested in land as notified under section 15 of this Act. Victim of the
offence may make an application for compensation to the Magistrate.

Railways Act 1989 -

Section 124 entitles a passenger to compensation when an accident occurs either by
derailment or collision between trains irrespective of whether there has been any neglect,
wrongful act, or default on the part of the railway administration.

The Probation of Offenders Act. 1958 -

Section 5 of the Act, incorporates the idea of compensation and lays down that a Court while
directing release of an offender after admonition or on probation for good conduct, may, in its
discretion, order such person for payment of compensation, for the “loss” or "injury" caused
by his act or omission including defray the costs of proceedings.

The Motor Vehicles Act 1988 -

Section 140, 163A and 166 to 168 of this Act embodies the idea of compensatory
jurisprudence for the benefit of victims of accidents arising out of motor vehicles. Section
163 of the M.V. Act provide for a scheme of payment of compensation in case of hit and run.

Indian Fatal Accident Act, 1855 -

This Act was enacted to provide compensation to the families for loss occasioned by the
death of a person caused by actionable wrong, as stated in the preamble of the Act.
It is clear from the provisions of Section 1 and 2 of this Act that wife, husband, parents and
child of deceased are entitled to recover damages from the person causing death. Thus,
victims of the crime can be compensated by the competent court.

Protection of Women from Domestic Violence Act. 2005 -

20
It is an special legislation regarding those women who are victims of domestic violence. The
purpose of Domestic Violence Act, 2005 is to enable women to negotiate for non abusive and
non-violent matrimonial or other relationship and to provide a civil remedy to women who
are victims of violence of any kind occuring within the family. Five types of reliefs, namely,
monetary relief, medical relief, compensatory relief, residential relief, custody order can be
granted to the victim under this Act.

The Maintenance and Welfare Of Parents And Senior Citizens Act 2007 -
This is also an innovative law aiming to protect elders and to prevent their abuse and
victimization, which is a growing problem in many countries, including India. Under this
law, an obligation is casted on the children or adult legal heirs to maintain their parents, or
senior citizens above the age of 60 years who are unable to maintain themselves out of their
own earnings, so as to enable them to lead a normal life.

The Sexual Harassment Of Woman At Work Place (Prevention. Prohibition) -

Considering the fundamental rights of a woman to live with dignity and to work with a right
to safe environment free from sexual harrasment this Act has been enacted in 2014 in
pursuance of the direction of Apex Court in the case of "Vishakha v. State of Rajasthan &
others,15 Section 15 of this Act, provides for compensation to be paid to the aggrieved woman
as per following directions: For the mental trauma, pain, suffering and emotinal distress
caused to the aggrieved woman; for the loss in the career opportunity due to the incident of
sexual harassment; for medical expenses incurred by the victim for physical or psychiatric
treatment; as per the income and financial status of the respondent; feasibility of such
payment in lump sum or in installments.

Protection Of Children From Sexual Offences Act. 2012 -

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act exclusively deals
with sexual offences against children (persons below 18 years of age) and mandates the
establishment of a child-friendly Special Court to try offenders. A child victim may receive
interim compensation for loss or injury suffered by the child, for immediate needs for relief
or rehabilitation and final compensation for the loss or injury caused to him or her
15
Vishakha vs State of Rajasthan AIR 1997 SC 3011.

21
irrespective the result of the case. Child-friendly processes. Emergency medical care. Care
and protection to the child in need.

AFFIRMATIVE ACTION BY HIGHER JUDICIARY

The principles of victimology have foundations in the Indian Constitution particularly in the
Fundamental Rights and Directive Principles of State Policy, which forms the bulwark for a
new social order in which social and economic justice shall be ensured. The humiliation or
the reputation that is suffered out can not be recompensed but then monetary compensation
will provide solace. There are plethora of judgments rendered by Apex Court giving rights to
the victims by way of compensation and rehabilitation. A significant phase in the evolution of
victimology in India was witnessed in the 1980s, through the creative judicial decisions
delivered by the Higher Courts. There are a series of decisions handed down in the 1980's and
1990’s by the Supreme Court that seemed to recognize the special right of the victim to
compensation for harm suffered either at the hands of a private criminal or in the course of
criminal justice administration.

Vicarious liability of Government -

In the landmark judgment in Rudul Shah vs State of Bihar, 16 It was held that the government
will be vicariously liable for the tortious act of its employees. In this case Apex Court for the
first time fixed the liability of government for wrong done by it's servants or agents., Apex

16
Rudal Shah vs State of Bihar AIR 1983 SC 1086.

22
Court, invoked the extraordinary power vested in the Supreme Court under Article 32 to
award compensation, for the first time, for the deprivation of fundamental rights. Here, the
petitioner challenged his illegal detention in prison for a period of fourteen years by invoking
the writ jurisdiction of Apex Court under Article 32 claiming a patent violation of his right to
life and personal liberty guaranteed under Article 21. Apex Court invoked the power to order
exemplary costs as a remedial measure which is in addition to, and not including, the
appropriate damages claims in civil courts.

Statutory Powers not being used freely and liberally -

The law commission of India has not only admitted the fact that they are not particularly
liberal in utilising these provisions hut also observed that “it is regrettable that our courts do
not exercise their statutory powers under this section as freely and liberally as they could he
desired." The Supreme Court of India carried the same impression 17 and directed all Courts to
exercise this power liberally in the matter of awarding compensation under section 357 CrPC
so as to meet ends of justice in a belter way.
Restitution of Victims -
Despite the absence of any special legislation to render just he to victims in India, the
Supreme Court has taken a proactive role and resorted to affirmative action to protect the
rights of victims of crime and abuse of power, The court has adopted the concept of
restorative Justice and awarded compensation for restitution or enhanced the amount of
compensation to victims, beginning from the 1980s, Judgments by Apex Court in Sukhdev
Singh vs. State of Punjab ,18 Balraj vs. Slate of U.P.19, Giani Ham vs. State of Haryana 20,
Baldev Singh vs. State of Punjab21 can be viewed for guidance State cannot escape from the
23
liability. In Ahluwalia's case – Hon’ble Supreme Court held that “in expanded meaning
attributed to article 21 of the Constitution, where the mate fails to protect the life of the
people, it could not escape the liability to pay compensation to the victims. Thus, it is clear
from this judgment that when the state fails in discharging this responsibility, the state must
provide means to ensure that the victims right to be compensated jot his injury is not ignored
or defeated. Under this section as freely and liberally as they could he desired." The Supreme
17
Court of India carried the same impression in case of Hart Singh vs Sukhheer Singh and
17
Hari Singh vs Sukhbir Singh AIR1988 SSC 2127.
18
Sukhdev Singh vs State of Punjab (1982 SCC (Cr) 467).
19
Balraj vs State of U.P. (1994 SCC (Cr) 823).
20
Giani Ram vs. State of Haryana (AIR 195 SC 2452).
21
Baldev Singh vs. State of Punjab (AIR 1996 SC 372).

23
directed all Courts to exercise this power liberally in the matter of awarding compensation
under section 357 CrPC so as to meet the ends of justice in a better way. While hearing a suo
moto writ petition,22 dealing with a case of gang rape of a tribal lady Hon'ble Supreme Court
referring the judgment of Supreme Court of Bangladesh wherein it has been held that
“Survivors of rape should be compensated by giving them half of the property of the rapist(s)
as compensation in order to rehabilitate them in Society. Held that long-term rehabilitation is
needed.

Informant to be heard before accepting closure report -

The issuance of a notice by the Magistrate to the informant at the time of consideration of the
final report is a "must". As held and directed in "Bhagwant Singh v. Commissioner of
Police”23, "Union of Public Service Commission v. S. Papaiah"24 , "Sanjay Bansal v.
Jawajarla.25
Mandatory Duty Of The Court -
In "Ankush Shivaji Gaikwad (supra) the Supreme Court emphasized that victim is not to be
forgotten in criminal justice system and Section 357 CrPC should be read as imposing
mandatory duty on the Court «o apply its mind to the question of awarding compensation in
every case.

Victim can knock the door of Higher Court for compensation -

Apart from invoking section 357 or 357A of the CrPC the victim may approach a Higher
Court under section 482 of the CrPC, to claim compensation. Higher Courts are empowered
to exercise their inherent power in the interest of justice as has been applied in the case of
Boddhisattwa Gautam,26 Delhi Domestic Working Women27 and Chandrima Das28

Right of Victim in stage of bail -

In granting and cancellation of bail, victims have substantial interest though not fully
recognized by law. Section 439 of CrPC allow a victim to move the court for the cancellation

22
Suo Moto Writ Petition (Criminal) 24 of 2014.
23
Bhagwant Singh vs Commissioner of Police, AIR 1985 SC 1285.
24
Union of Public Service Commission vs S Papaiah AIR 1997 SC 3876.
25
Sanjay Bansal vs Jawajarla AIR 2008 SC 207.
26
Boddhisattva Gautam vs Suhhra Chakraborty (1996) 1 SCC 490.
27
Delhi Domestic Working women vs Union of India 1995 SCC (l) 14.
28
Chairman Railway Board vs Chandrima Das, (2000) 2 SCC 465.

24
of bail. The Court recognize the right of the complainant or any aggrieved party to move the
High Court or Court of Session for cancellation of bail granted to the accused.

Compensation as an interim relief irrespective of the result of the case -

In the landmark judgment of Boddhisattwa Gautam (supra) the Supreme Court of India
evolved creative principles of victimology and victim justice. Firstly, it held that the award of
compensation, as an interim relief is necessary so that undue delay in the delivering of justice
to a victim of crime is not caused. Secondly, it held that the court had jurisdiction to award
such compensation to the victim even when the accused is not convicted, due to the slow
progress of the criminal proceedings. These principles evolved by the court were futuristic,
perhaps a form of judicial activism; and have been subsequently incorporated into the 2009
amendment to the CrPC, Interestingly, in the case of the State of Punjab v. Ajaib Singh 29 the
Supreme Court went a step further and granted a compensation of Rs. 5 lakhs even after
acquitting the accused.

Constitutional obligation to do complete justice for victims -

In Nilabati Behera’s30 case Apex Court removed all kinds of ambiguities by categorically
stating that Article 32 imposes a constitutional obligation on the Supreme Court to forge new
tools for doing complete justice and enforcing the fundamental rights (Article 32 itself being
one of them) which also enables to award monetary compensation in appropriate cases where
that is the only mode of redress available. However, the quantum of compensation must
depend upon the nature of the offence committed, the character of the offender, the capacity
of the accused to pay and the intensity of the injury inflicted upon the victim.31

Court itself can award Compensation in a case of human rights violation -

In the Uttrakhand Stir (Rallyist)32 the Allahabad High Court delivered a path-breaking
judgment in a group of six cases arising out of the incidents in Khatima, Mussoorie and
Muzaffarnagar. The brief facts of the case are that twenty four persons were killed, seven
women were raped, seventeen were sexually molested while many others were injured and

29
State of Panjab vs Ajaib Singh (1995) 2 SCC 486.
30
Neelavati Behera vs State of Orissa & Others 1993 AIR 1960.
31
Swarn Singh vs State of Punjab 1978.
32
Uttarakhand Sangharsh Samiti vs State of U.P. (1996) (1) UPLBEC 461.

25
illegally detained as a result of police firing and atrocities committed on a peaceful
demonstration for a separate State of Uttaranchal in 1994. The court in a historic decree
awarded Rs. 10 lakh each to deceased victims’families and Rs. 10 lakh far rape victims judging the
crime equivalent to death; Rs. 5 lakh to the victims of sexual molestation; and Rs. 2.5 lakh to Rs. 50,000
for less serious injuries. Thus, the court while advancing the cause of human rights and giving more
teeth to the constitutional guarantee for a right to live with dignity vide Article 21, declared that the court
itself could award compensation in a case of human rights violation. In the instant case, the State was
held vicariously responsible for the crimes committed by its officers and was directed to compensate the
victims and was not protected under the doctrine of sovereign immunity wherein the State can avoid
criminal liability in the name of 'Act of State.

Monetary compensation for redressal -

In the case of D.K. Basu33 the Supreme Court held that monetary compensation for redressal by the
court is useful. It is perhaps the only effective remedy to ‘apply balm to the wounds’ of the family
members of the deceased victim, who may have been the breadwinner of the family. However
diverging from this trend, in die A K. Singh case 34, die Supreme Court set aside the High Courts order
directing the convicts to furnish compensation to the victims, holding that Rs. 10 lakh was in excess of
the required compensation for the crime. This decision was made despite the fact that state functionaries
perpetrated this crime against innocent members of a peaceful demonstration. On the other hand,in
the case of Chairman, Railway Board(supra) , where the accused was directed to pay
compensation by way of constitutional remedy: Saheli, A Woman’s Resource Centre v.
Commissioner of Police,35 Railway Board v. Chandrima Das (supra), the Supreme Court
ordered the payment of Rs. 10 lakhs as compensation to a Bangladeshi national who was
repeatedly raped by Railway employees. The Court upheld the Calcutta High Courts decision
that even as a foreign national she was entitled to the fundamental right to life in India, and
thus there was a constitutional liability to pay compensation to her. Thus, as observed the
judicial trends stated above, compensation available under a constitutional remedy has been
far more readily invoked and amounts of suitable quantum have been granted under Section
357(3) of the Cr.P.C.

Pretreatment to acid attacked victims -

33
D. K. Basu vs State of West Bengal (1997) 1 SCC 416.
34
A. K. Singh vs Uttarakhand Jan Morcha (1999) 4 SCC 476.
35
Saheli A Woman’s Resource Center vs Commissioner of Police 1990 AIR 513, 1989 SCR488.

26
Most recently, on 10, April ,2015 while hearing the petition of Miss Laxmi's 37 demand for
getting proper treatment after care and rehabilitation, Apex Court interpreting Section 357 C
of CrPC, made it mandatory for the hospitals across the country to provide full and free
medical treatment to acid attacked victims.

Right to life and liberty and gender equality -

In a celebrated case of Vishakha (supra) Apex Court gave several directions to the
government for ensuring better working environment for women. After this landmark
judgment Central Government enacted the law, The Sexual Harassment of Women at Work
Place (Prevention, Prohibition And Redressal) Act, 2013.

PLIGHT OF VICTIMS
The trauma of victimization is a direct reaction to the aftermath of crime. Crime victims
suffer a tremendous amount of physical and psychological trauma. The injuries that a victim
suffers can be grouped into three major categories physical, financial and emotional.

A glaring example of this category, is the case of minor girl Laxmi Agrawal ,an acid attack
survivor, her face and other body parts were disfigured in the acid attack. Laxmi was attacked
with acid by three men near Tuglaq road Delhi, as she had refused to marry one of them. Her
PIL sought framing of a new law, or amendment to the existing criminal laws for dealing
with the offence, besides asking for compensation. The Apex court ruled in Laxmi's case
(supra) thereby creating a fresh set of restrictions for the sale of acid. This case not only
depicts all sorts of the pain and sufferings of victim but also describes the vital role played by
the Apex Court.

27
In spite of several enactments and statutory provisions protecting the rights of victim, even
the judiciary is very conscious to grant reliefs in suitable cases, several guidelines, rules,
regulations, reports of different commissions are in existence to help the victim, however,
when we talk about the ground realities of victim's right with respect to their rehabilitation,
there is one name which disturbs the entire Criminal Justice system.

This name which compelled us to rethink the existing available remedies in relation to
extreme point of victimization and rehabilitation. The name which is commonly known to all
the members of judicial fraternity present over here. The name is none other than Aruna
Shanbhaug.

We cannot forget another brave lady, Aruna, a IS years old beautiful nurse dedicated towards
her profession, who was going to marry a doctor very soon. On the very last day, after her
duty when she was about to leave for a vacation, while changing her robe, a sweeper working
in the same hospital, brutally throttled with a dog chain and sodomized her, because she
publically rebuked him for stealing food kept for the dogs, this throttling cut off the oxygen
supply to her brain, leaving her partially blind and in a permanent vegetative state in coma.
Not only her relatives and friends but also her close family members abandoned her. She was
confined in a vegetative state in one room of hospital. Looking at her poignant condition her
colleague nurses who used to look after her filed a writ petition in Apex court seeking the
relief of Euthanasia, which resulted into dismissal however a liberty to passive euthanasia
was granted.

In this case, victim Aruna though living in a bed in a permanent vegetative state for the last
42 years, could not get any right, relief, compensation, or rehabilitation which criminal
justice system claims to provide to the victims. She died on 18lh May 2015.

28
 CHALLENGES AND PROPOSALS FOR MEASURE FOR VICTIM IN INDIA.
It would appear that even though statutes strive to provide for the victim in their time of need
they are not operating properly as planned. Even when laws are made in favour of the victim
there are many barriers to their effective implementation. Some of these barriers includes-
1. Ineffective communication to the victim that such law and programs exists.
2. Confusion on the part of law enforcing agencies.
3. Offender's inability to pay restitution to victims.

Proposals
1. A stronger education and information mechanism may help to disseminate
information for the assistance programs available to victims.

2. The Victim should not be frustrated or re-victimized by the State or Law agencies.

29
3. The inclusion of the victim in procedure should be with the purpose to balance public
and private interests while improving communication between State agencies and
victims the level of need and satisfaction should be important consideration.

4. The Victim's right to participate in criminal trial should include the rights to produce
evidence, to be informed of the status of investigation, to be heard on related issues,
and to move the court to issue directions for further investigation and to be heard on
issues relating to bail and withdrawal of prosecution.

5. In addition to bolstering monetary reparations for victims, courts should also address other
needs of victims, including medical and psychological care, economic care, immediate
protection and security and long term rehabilitation.

6. Victim satisfaction requires, greater participation in sentencing procedure. Better treatment by

agencies of the State should be ensured so that the victims do not feel as they have been
victimized for gain by the system.

7. Victims of crime should have a voice at trials and sentencing.

8. The victim, and if he is dead, his or her legal representatives, should have the right to be
impleaded as a party in every criminal proceeding where the offence is punishable with seven
years imprisonment or more.

9. In selected cases, with the permission of the court, an approved voluntary organization should
be permitted to implead on behalf of the victim in court proceedings.

10. The victim has a right to be represented by an advocate and the same may be provided at the
cost of the State if the victim cannot afford a lawyer.

11. Legal services to victims may be extended to include psychiatric and medical help, interim
compensation, and protection against secondary victimization.

12. Very often, victims are expected to appear in courts for cases, which are adjourned even
without notice to them, or they are subjected to unnecessarily stressful courtroom experiences.
This should be avoided by the Courts.

30
 13. Compensation should be a matter of right not at the mercy of the court.

CONCLUSION
The policy of our criminal justice system is victim-oriented and we have upto a certain extent
incorporated the idea of Compensatory Criminal Jurisprudence. In past few years, there has
been much concern expressed as to treatment of victims in criminal justice system. In
addition, the judiciary is actively involved in clarifying the Role and Rights of victims in the
courtroom. The judiciary, form its impartial perspective is in the best position to assure that
the rights of the accused are properly balanced with those of victim. Undoubtedly, Judges, on
their own, can assist victims of the crime to some extent only. Victim assistance programs
can supplement judicial efforts in this area.

The struggle by victims to gain formal rights within the criminal justice system continues on
many fronts. And, as the analysis presented above demonstrates, the obstacles that the victims
encounter, come from many quarters. Resistance from the victims' ostensible allies within the
criminal justice system tends to remain in low profile, and this gives the opportunity to
offender side to indulge in foot-dragging, non cooperation, and make objections on pragmatic

31
grounds. The problem arises in implementation of this policy. The provisions being
discretionary, it neither imposes a legal obligation on the Judge to order compensation in all
suitable cases to the victim of crime, nor does it require reasons to be recorded for not doing
so. Similarly, these provisions do not vest in the victims a legal right to be compensated
either by the accused or the state for loss or injury caused by the commission of the offence.
The victim remains at the mercy of discretion of the Judge for the award of compensation.

While passing an order under Section 357(3), it is imperative for the courts to look at the
liability and the capacity of the accused to pay the same amount, otherwise the very purpose
of granting an order of compensation would stand defeated. Ultimately, the efficacy of the
law and its social utility depends largely on the manner and the extent of its application by
the courts. A good law badly administrated may fail in its social purpose and if overlooked in
practice,will fail its purpose and utility. Sec 357 and 357 A of the Cr.P.C. have a social
purpose to serve and has to be applied liberally and freely in appropriate cases.

Compensation and Rehabilitation is need of the hour in view of the violation of fundamental
rights of the victim under Article 21 of the Indian Constitution. Court can play a great role in
delivery of justice by awarding compensation and directions for rehabilitation of the victims.
Courts have to exercise this power liberally so as to meet the ends of justice in a better way.
Ends of justice can be served if all the stakeholders do their duty in letter and spirit of the
Indian Constitution and other relevant Statutory provisions related to compensation and
rehabilitation of victims of crime. There is need to create awareness and education programs
about these rights among all the sections of the society by organizing, Seminars and
Conferences for loss or injury caused by the commission of the offence. The victim remains
at the mercy of discretion of the Judge for the award of compensation.

While passing an order under Section 357(3), it is imperative for the courts to look at the
liability and the capacity of the accused to pay the same amount, otherwise the very purpose
of granting an order of compensation would stand defeated. Ultimately, the efficacy of the
law and its social utility depends largely on the manner and the extent of its application by
the courts. A good law badly administrated may fail in its social purpose and if overlooked in
practice,will fail its purpose and utility. Sec 357 and 357 A of the Cr.P.C. have a social
purpose to serve and has to be applied liberally and freely in appropriate cases.

32
Compensation and Rehabilitation is need of the hour in view of the violation of fundamental
rights of the victim under Article 21 of the Indian Constitution. Court can play a great role in
delivery of justice by awarding compensation and directions for rehabilitation of the victims.
Courts have to exercise this power liberally so as to meet the ends of justice in a better way.
Ends of justice can be served if all the stakeholders do their duty in letter and spirit of the
Indian Constitution and other relevant Statutory provisions related to compensation and
rehabilitation of victims of crime. There is need to create awareness and education programs
about these rights among all the sections of the society by organizing, Seminars and
Conferences.

This paper is concluded with these words of Swami Vivekananda -

“Every effect has a cause. Every consequence has an antecedent.
There must be perfect balance between the cause and effect,
between the antecedent and consequence. The law of
compensation keeps up the balance, and establishes peace,
concord, equilibrium, harmony and justice in Nature."

LIST OF BOOKS AND ARTICLES

1. Max Mular- The Laws of Manu's in Sacred books of East, Oxford University press, Oxford
(1986).
2. D.D. Basu - Constitution of India.

3. Subhash Kashyap - Constitution of India.

4. Ratan Lal Dhirajlal - Criminal 'Procedure Code.

5. Zia Mody - The 10 judgment that changed India.

6. K. D. Gaur , Justice to victims of crime: A ‘Human "Rights Approach Irt Criminal

Justice: A Human {Rights 'Perspective Of 'The Criminal Justice ‘Process In India
350,351 (2004).

7. Marlene- A young Meeting Victims Need: What is the role of victim compensation in
recovery.

33
8. Gerhard O.W. Mueller - Compensations for victim of crime: thought before action.

9. United Options 'Declaration on 'Basic 'Principles of Justice for victims of crime and
Abuse of Power, G.A. Res. 40/34,11.% 'Doc. A/RES/40/34 (Dec. 11, 1985).

10. 152,153, 54 Report of Law Commission.

11. Report of Justice Malimath Committee.

12. S. Murlidharan “Rights of Victims in the Indian Criminal Justice System 2004”.

34