RIGHTS OF THE VICTIMS

OF CRIME
PRESENTATAION BY-
PRAGATI CHATURVEDI
TABLE OF CONTENT

 INTRODUCTION
 CONCEPT OF VICTIM COMPENSATION UNDER INDIAN CRIMINAL JUSTICE
SYSTEM
 VICTIM’S RIGHTS UNDER THE INDIAN CRIMINAL JUSTICE SYSTEM
 COMPENSATION SCHEME FOR WOMEN VICTIMS’/SURVIVORS OF SEXUAL
ASSAULT &OTHER CRIMES-2018
 CONCLUSION
INTRODUCTION
India’s criminal justice system is from the British criminal justice sytem. The
penal philosophy in India has accepted the concepts of prevention of crime and
treatment and rehabilitation of criminals, which we can seen by many judgments
of the Supreme Court and High Court of India.

Victims have no rights under the criminal justice system, and the state
undertakes the full responsibility to prosecute and punish the offenders by
treating the victims as mere witnesses. Under the Constitution, criminal
jurisdiction belongs concurrently to the central government and the
governments of all the states.
CONCEPT OF VICTIM COMPENSATION
UNDER INDIAN CRIMINAL JUSTICE SYSTEM
 DEFINITION OF VICTIM
 The 1985 United Nations Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power defines victim as “persons who individually or
collectively, have suffered harm, including physical or mental injury, emotional
suffering, economic loss or substantial impairment of their fundamental rights,
through acts or omissions that are in violation of criminal laws operative within
Member States, including those laws prescribing criminal abuse of power”.
 The criminal procedure code provides for the definition of a victim. The term
victim under section 2(wa)CRPC connotes that; a person suffers any kind of
injury or loss in reference to any act or omission which the accused commits.
This definition also covers the heir or guardian. When we read about the victim
CRPC also talks about some protection and rights given to him.
 The core rights of the victim are-
• Right to apply for compensation- section 357(3)
• Right to a speedy trial
• Right to attend the criminal proceedings in court
• Right to protection against harassment and intimidation.
• Right to prompt return of personal property seized as evidence

 Other rights given to the victims by the constitution are-

• Right to attend the trial and proceeding
• Right to be treated with fairness, dignity, and respect
• Be informed of the proceeding and events such as the release of the defendant
• Be awarded restitution from a convicted offender.
• Be heard at critical points in the criminal justice system such as sentencing or parole hearings.
PROVISIONS UNDER CRPC REGARDING RIGHTS OF THE
VICTIM

 In section 439 of CRPC; the victim has the power to give an opinion on behalf of granting
bail to the accused person. The other provision in the same respect I.e. section 439(2) gives
that the victim can move to the high court in respect of revocation of bail; which is granted
by the lower court to the accused person.
 In respect to the same connotation section 162 of CrPC Provides in itself the protection to the
victim against police intimidation. And section 25 of the Indian evidence act also provides
the same protection where the witness statement to the police officer is not admissible as
evidence. Section 163 of CrPC tries to protect the witness from any kind of threat given to
him or the promises made by police officials in respect of the matter in question.
 Section 311 of Crpc in that respect gives the power to the police officials that they may
summon a witness and can re-examine him; if the evidence given by him is necessary for
adjudication purposes and to reach a fair decision in the matter of concern.
 The victim has also the inbuilt right under section 154(2) of Crpc that he needs to get a copy
of FIR immediately and that to be given to him free of cost by the officials.
 And if the police officials refuse to report an FIR and refuse to take any action against the
same then the victim has the right to report this to the superintendent of police. 
Section 154(3) talks about it. In the case where the complaint procedure fails in reference
to section 190 of crpc, the victim has the power to file before the magistrate a complaint
in the same respect. The magistrate will examine the complaint. And will look into the
matter in some respect and do the investigation of the case and can also direct the police
officials for direct investigation.
 Under section 406 of crpc the victim has the power; to apply to Supreme Court so that
the trial can be transferred as to free trial right.
 And if the police officials refuse to report an FIR and refuse to take any action against the
same then the victim has the right to report this to the superintendent of police. 
Section 154(3) talks about it. In the case where the complaint procedure fails in reference
to section 190 of crpc, the victim has the power to file before the magistrate a complaint
in the same respect. The magistrate will examine the complaint. And will look into the
matter in some respect and do the investigation of the case and can also direct the police
officials for direct investigation.
 Under section 406 of crpc the victim has the power; to apply to Supreme Court so that
the trial can be transferred as to free trial right.
Victim’s rights under the Indian criminal justice system

  To ensure that justice is properly dispensed the United Nations General
assembly adopted the Declaration of Basic Principles of Justice for Victims
of Crime and Abuse of Power which recognised 4 major rights for victims
of a crime. These rights are:
1. Access to justice and fair treatment
2. Restitution
3. Compensation
4. Assistance
 Ensuring access to justice and fair treatment, compensation/restitution
and providing the required assistance to the victim are some of the rights
that should be given to the victim without any default in any criminal
justice system. These sacred elements have been given recognition in the
Indian criminal justice system too.
Section 357A of CrPC- Victim compensation scheme

 Scheme for Compensation: Every State Government in co-ordination

with the Central Government shall prepare a scheme for providing funds
for the purpose of compensation to the victim or his dependents who have
suffered loss or injury as a result of the crime and who require
rehabilitation. The purpose of preparing the scheme by the state
governments in consultation with the central government was to have
uniform schemes of victim compensation throughout India but this was
probably not done while preparing the schemes and the result is that there
is great disparity in compensations to victims in these schemes.
COMPENSATION SCHEME FOR WOMEN
VICTIMS’/SURVIVORS OF SEXUAL ASSAULT &OTHER
CRIMES-2018

 As per NALSA’s scheme, the victim of gangrape in any part of the country would now
get a minimum compensation of Rs 5 lakhs and up to a maximum of Rs 10 lakhs.
 Similarly, in case of rape and unnatural sexual assault, the victim would get a minimum
of Rs 4 lakhs and maximum of Rs 7 lakhs as compensation.
 The scheme also says that victim of acid attacks, in case of disfigurement of face,
would get a minimum compensation of Rs 7 lakhs, while the upper limit would be Rs 8
lakhs. In acid attack cases, if the injury was more than 50 percent, a minimum
compensation of Rs 5 lakhs would be given, while the maximum would be Rs 8 lakhs.
CONCLUSION
 To address these injustices and imbalances, crime victims began to joined together to
form consciousness-raising groups, self-help support groups, and organizations to
engage in public education, outreach, research and lobbying. Despite their differing
priorities, victim activists are working together under the common motto victims’
rights. They all consent to some of the basic critique:
 1. That criminal justice personals, namely the police, prosecutors, defense attorneys,
judges, probation officers, parole boards, corrections administrators are overlooking or
neglecting the legitimate needs of crime victims until they began their campaign;
 2. That there is a prevailing tendency on the part of the public as well as agency
officials to unfairly blame victims for facilitating or even provoking crimes;
 3. That explicit standards of fair treatment is required to protect the interests of
complainants and prosecution witnesses, as well as injured parties whose cases were
not solved;
 4. That people who suffered injuries and losses inflicted by criminals ought to receive
reimbursement from one source or another; and
 5. That the best way to make sure that victim could pursue their personal goals and
protect their own best interests is by granting them formal rights within the criminal
justice system.
THANK YOU!