Legal initiative for

victim right
Anurag gupta
Harsh dhadich
 Introduction

• A victim in India's criminal justice system suffers on a daily basis, both because of the crime that
was perpetrated against them and because of the system's inherent complexities and the many ways
in which those difficulties may be exploited
• . Victims of crime are granted protection, aid, and recompense in other nations. However, in India,
the criminal justice system mostly disregards victims. Indian laws need to be more victim-oriented,
which means they should give victims and their rights more consideration throughout the course of
an investigation and a prosecution.
 Who is a victim?

• A victim is someone who has been harmed, whether physically or mentally, emotionally or
financially, or who has had their basic rights violated, as a result of actions or inactions that are seen
to violate Indian criminal laws, especially those that prohibit criminal abuse of power

• Constitutions of India -Rights to victim

• Victim rights under Indian penal code (1860)
• Victims’ rights under Code of criminal procedure(1973)
• Rights of victim during filling F.I.R
• Rights of victim during the judgement

• Compensation to victims
• Section 357(A)
 Section 357(a)

• Every State Government should, in coordination with the Central Government, devise a programme for the provision of money
for the purpose of giving compensation to the victim or his dependents who have incurred loss or harm as a result of the crime
and who require rehabilitation.

• the quantum of compensation to be awarded under the scheme referred to in sub-section (1) Whenever the Court makes a
recommendation for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may
be, shall determine the amount of compensation to be awarded.

• the criminal is not located or recognised, but the victim is, and there is no trial, the victim or his dependents may file a claim for
compensation with the State or the District Legal Services Authority.

• receipt of such recommendations the District Legal Services Authority shall, after proper investigation and within two months,
give suitable compensation

• the State or the District Legal Services Authority, as the case may be, may order that immediate first-aid facility or medical
benefits be made available free of charge on the certificate of a police officer not below the rank of the officer-in-charge of the
police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems appropriate
 Various Schemes/Councils For Victim’s Protections

• Protection Of Children From Of Sexual Offence Act. (Posco Act)

• Protection Of Women From Domestic Violence Act 2005 (PWDVA)

• SC-ST (Prevention Of Atrocities) Act, 1989

PROBLEMS OF VICTIMS IN INDIA

• Fear of society
• Emotional play of the victim
• Right to information
• Awareness and the need to offer
• HELP FOR VICTIM RIGHT
• Advisory Committee
• Community Council