HAMDARD INSTITUTE OF LEGAL STUDIES AND RESEARCH,

SCHOOL OF LAW, JAMIA HAMDARD

Rights of Victims of Crime

SUBMITTED TO-
MS. VARSHA GULAYA
ASSISTANT PROFESSOR

SUBMITTED BY-
Name- Masra Nadeem
Sec- A
Roll No.- 50
Exam Roll No.- 2020-342-050
8th Semester, B.A.LL.B. (Hons.)

CRIMINOLOGY, PENOLOGY AND VICTIMOLOGY

PROJECT SUBMISSION FOR INTERNAL ASSESSMENT
 Abstract

"The criminal justice framework is a social control device that is utilized to prevent, deter, and
regulate crime, as well as to prosecute and punish the offenders. Criminal demonstrations are
viewed as an attack on mankind and societal order. The Indian criminal framework is established
on the time honoured ideas of "Let Hundred Guilty Be Acquitted, but Not One Innocent." and
"innocent until proved guilty." Legislators have revised and built various rights, security, and
techniques for offenders all through the years to change and rehabilitate them. In any case, the
most vulnerable party to the crime, the victims, have been disregarded. Victims are not provided
with enough support or aid. Their rights and protections are essentially nonexistent. Numerous
legislative reports, including those from the Malimath Committee and the 154th Law
Commission, have examined their rights; however, to what degree have they been successful? A
framework for compensating victims is outlined in Section 357A of the 1973 Criminal Procedure
Code. This section was modified in 2009 by the Code of Criminal Procedure Amendment Act,
2008. A proviso to section 372 giving victims the right of appeal was included in the same
statute.

Introduction

To give the term "victim" a wider definition and greater coverage, the drafters of the United
Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
have attempted to do so. A victim is defined as "persons who, individually or collectively, have
suffered harm through acts or omissions that are in violation of criminal laws operative within
the Member States, including those laws proscribing criminal abuse of power, including physical
or mental injury, emotional suffering, economic loss, or substantial impairment of their
fundamental rights." This enables the inclusion of not only the primary victim who has
experienced the trauma of the crime directly, but also those who have suffered vicariously
through the main victim.

The victim of a crime endures difficulties from the moment they file the FIR—many times, they
must rely on the goodwill of the police officer to do so—until they are ultimately granted justice.
Not only does the victim suffer physical harm, but he also inflicts mental, emotional, and
financial harm on his friends, family, and witnesses. When there is no appropriate mechanism in
place to ensure the protection of the victim and other affected parties, the already torturous
process becomes even more so. The State's primary concern is typically the crime itself, not the
victim. But for the appropriate functioning of a criminal justice system, it is essential to have
adequate provisions for the protection of victims.

Rights of Victims

1. Access to Justice and Equal Treatment

This right includes:

i) The right to be treated compassionately and with dignity.

ii) The right to seek justice.
iii) The right to be informed about one's rights.
iv) Right to know about proceedings and their involvement in them.
v) The right to be heard and considered during procedures, if applicable.
vi) The right to be heard and considered in all processes regarding release, parole, plea, or
sentence.
vii) The right to submit a Victim Impact Statement and have it heard and evaluated in Court,
if appropriate.
viii) The right to appropriate legal aid.
ix) The right to hire a private counsel.
x) The right to the least amount of discomfort.
xi) Privacy right.
xii) The right to be secure and appropriately safeguarded against the accused.
xiii) The right to prompt justice.
xiv) The right to conciliation/mediation/arbitration, where needed.
xv) The right to immediate remedy.

2. Restitution Principle
The right to get full and prompt reparation from the accused party. Returning property,
compensating for losses or damages, covering costs, providing services, and regaining legal
rights are all included in the right to restitution from the accused. In the event of significant
environmental damage, this entitlement also includes reimbursement for relocation costs,
infrastructure repair, community amenity replacement, and environmental restoration (where
appropriate). The right to compensation from the State in which the offense was committed is
included in the right to reparations if the offender is a public employee acting in his official or
quasi-official capacity.

3. Compensation Principle

Under this concept, victims who have experienced severe physical or mental health impairment
or serious bodily harm, along with their families, have the right to compensation from the State
in the event that the offender's reimbursement is not fully available or recoverable. The
establishment of national funds for this purpose ought to be endorsed by the government.

Compensation is categorized under Section 357 into two areas: a) situations in which the fine is
part of the sentence and b) situations in which it is not. If the fine is a component of the
punishment, then compensation for legal costs as well as any harm or damage brought on by the
offense may be granted. But until the appeal deadline passes or the appeal's outcome is known,
such payment is not necessary. If an appeal has been filed.The accused may be required by the
court to compensate for any loss or harm resulting from the offense if a fine is not imposed as
part of the punishment. All of the aforementioned sources of compensation, however, are
contingent upon conviction following the conclusion of a trial, which could take years based on
our experience with the operation of our legal system.

Furthermore, the offender's ability to make such restitution is not taken into account by this
clause. Given that the State neglected to protect the victims in the first place, it is required to
compensate them for any losses, harm, or suffering they may have endured. In response to this
obligation, Section 357A of the CrPC was enacted, mandating State Governments to establish
victim compensation systems in collaboration with the National Government. When the Court
issues a recommendation for compensation, it is up to the District or State Legal Services
Authority to decide the amount. If the criminal cannot be found or recognized, the victim may
apply for compensation to the DLSA/SLSA, and suitable compensation must be awarded within
two months. On the certificate of a police officer or a Magistrate, the DLSA/SLSA may further
order that emergency first-aid or medical benefits be made available to the victim at no cost, or
any other temporary relief may be provided. Section 357C requires all hospitals, public or
private, to promptly give free first-aid or medical care to victims of crimes specified by the
provisions for acid attack or rape. Section 357B of the Criminal Law Amendment Act of 2013
implements legislatively, the concept that the Hon’ble Supreme Court has established that
compensation shall be in addition to fine. However, although the Hon’ble Supreme Court
addressed the issue in the context of all crimes and victims, the provision stipulates
compensation exclusively for the purposes of Sections 326A and 376D of the IPC, while
neglecting victims of other offences.

4. Assistance Principle

Victims should receive the necessary material, medical, psychological and social assistance
through governmental, voluntary and community-based means. Police, justice, health and social
service personnel should receive training in this regard.

Policy Measures

"Crimes often result in serious injury to persons, not only symbolic harm to society," states the
154th Law Commission Report. Therefore, the primary concern in the overall response to crime
should be the needs and rights of the victims. Just like with criminal rehabilitation, victim
rehabilitation is essential. victims of crimes suffer from stress, trauma, loss of respect and
dignity, and loss of income, among other repercussions. To successfully reintegrate them into
society, the system needs to provide them with adequate care, support, and assistance. It is
imperative to treat victims with empathy, decency, and dignity. In addition to receiving proper
medical care for their physical wounds, victims should also receive mental health treatment for
the stress, trauma, and other aftereffects of the crime, as well as community assistance to help
them overcome obstacles created by the offense, and lastly, compensation for the damages
sustained as a result. Rehabilitating a victim is just as important as punishing an offender. The
victim's situation cannot be disregarded, even in cases where a crime remains unpunished
because of insufficient evidence. The Hon’ble Supreme Court remarked in Olga Tellis vs.
Bombay Municipal Corporation1, that a breach of the right to livelihood might undermine the
1
AIR 1986 SC 180
right to life guaranteed by Article 21. One of the most important and successful methods of
rehabilitating victims of crime is to compensate them financially.”

The significance of victim rights in criminal proceedings was emphasized in the full chapter on
"Victoriology" in the 154th Law Commission Report on the Code of Criminal Procedure. Article
41, which guarantees the right to public assistance under certain conditions, and Article 51-A,
which declares that each citizen is accountable for the growth of humanism, the spirit of inquiry,
and reform) in order to create the victimology's constitutional foundation. Furthermore, it was
contended that reparations ought not to be limited to recovering real fines, penalties, and
forfeitures. It was suggested in 2003 by the Malimath Committee on Reforms in the Indian
Criminal Justice System that the UK's ideas for bettering victim treatment be investigated for
possible Indian implementation. It stated that regardless of whether the offender is apprehended,
found guilty, or found not guilty, States must compensate victims of all major crimes. In its
report, it suggested that the Legal Services Authority set up a fund for victim compensation. As a
result, Section 357A was passed. of the Code of Criminal Procedure, marking a turning point in
the victim rehabilitation history of the Indian Criminal Justice system. The Victim Compensation
Plan is authorized by Code of Criminal Procedure Section 357A. Under this clause, the victim
may petition the State or District Legal Service Authority for rehabilitation as well as
compensation for loss or harm caused by the perpetrator.

What more needs to be done for a victim of crimes

Many nations saw significant change following the adoption of the Declaration of Basic
Principles of Justice for Victims of Power Abuse and Crime. Still, there are generally too few
policies to support victims of crime. The lack of political will to take any action in this area
could be one explanation for this. When formulating policies to aid victims, legislators must
make sure that some crucial elements are not overlooked. This should include safeguards to
prevent attacks on the victim's privacy, dignity, or personal freedom while they pursue justice.
The victim is left to his own devices once the case commences. When someone is accused of
something, they continue to be victimized not only by the punishment they receive, but also by
all the social rejection and criticism they encounter. One of the main theories for why people fail
to report crimes is societal pressure. It is important to take action to ensure that society does not
treat the victim differently. In addition to enacting laws that penalize such behavior, awareness
campaigns may also be beneficial in this regard. Restitution and compensation have the same
meanings in the Indian criminal justice system. Compensation is provided by the State, while
restitution is a form of reparation made by the offender. The victim should be able to get
reimbursement for all his costs, including but not restricted to those incurred by the offender, the
State, or both in the form of medical bills, emotional distress, property loss, etc. This necessitates
drawing a distinct line between compensation and reparation.

Overall, the State is essential to the functioning of the Indian criminal justice system. Giving the
victim a central role throughout the entire process and even after it is over is necessary to ensure
that justice is served properly.

Conclusion

The accused has always been the focal point of the legal system in India. Their jail laws, rights,
and protections are always changing to reflect the latest developments. But as the one forced to
bear the consequences of the crime, the victim's rights and rehabilitation have been shamefully
neglected. Victims must be treated as unique people, not just as cases, and with empathy and
respect. The Statute of Europe mandates that the victim be questioned with due consideration for
his or her position, rights, and dignity. Just as they are trained to deal with offenders, police
officers and other law enforcement professionals should also be trained to interact
sympathetically and reassuringly with victims.

Restitution to victims ought to involve more than just money. To live in society and ensure that
their life is not defined by the crime, they need to receive moral and social support, mental and
medical assistance, and protection from becoming new victims. To ensure that victims,
especially the illiterate victims, are aware of their rights in seeking redress, clear laws and
procedures must be established. The focus of the Indian justice system needs to shift from
punishing offenders to defending victims' rights. Their support, compensation, and representation
should come first. It is not enough to just sentence the offender to long prison terms. When new
offenses are found, reparative efforts must also adapt over time to lessen the victim's losses and
injuries.

The rights to life and dignity are included in the Indian conception of human rights; these rights
are safeguarded by the country's Constitution or are represented in international agreements that
are upheld by Indian courts. International human rights norms are evolving, and Indian courts are
flexible enough to accommodate these changes. The Indian Constitution recognizes victims of
crime have the right to protection, access to justice, and a fair investigation under its preamble,
fundamental rights, and directive principles. The Indian Constitution guarantees the right to life
along with other fundamental rights. However, legislative proposals only offer a vague picture of
the situation of victims human rights in relation to criminal activity. The Courts' interpretation of
specific legislative provisions has aided in the development of the concept of human rights for
crime victims in India. The findings of several commissions and committees set up in relation to
the criminal justice system in India supports victim protection measures as well. It is extremely
unfortunate for victims of crime that, despite a supportive legal and constitutional framework,
they are unable to receive the proper care from the criminal justice system because the State is
unable to live up to its positive promises. Regardless of their national or international scope,
these initiatives are ineffective in easing victims' suffering because well-meaning but improperly
executed laws accomplish nothing.

References

1. S. M. A. Qadri: Criminology, Penology and Victimology, Eastern Book Company,

Lucknow
2. Dr. S.S. Srivastava: Criminology, Penology and Victimology, Central Law Agency,
Allahabad