ABSTRACT

ABSTRACT
The demeanor started to change in light of the fact that the control of victimology made its
mark. The past couple of decades have seen an insurgency in the manner society manages
casualties of wrongdoing. Numerous nations have now perceived the need to give
administrations to unfortunate casualties to assist them with recovering from the impacts of
wrongdoing and bolster them in their dealings with the criminal equity framework. In any
case, in India, there has not been any considerable improvement in the circumstance of
unfortunate casualties in the criminal equity framework. The present model of the criminal
law is vigorously tilted towards the charged while bearing less insurances to a casualty of the
wrongdoing. The people in question, the originator of criminal law apparatus, are the least
minded off individuals in the framework. His commitment stays at the insignificant level in
the criminal equity framework as the initiator of the arraignment and as observers. This
assignment investigates the situation of the unfortunate casualty in Indian criminal equity
framework.
INTRODUCTION
In order to know and recognize the rights of victims and establishing a balance between their
rights and the Indian Justice System, who is a victim and what he/she goes through is to be
observed from the grassroots level. Their mental, physical and psychological conditions have
to be understood.
The word ‘victim’ refers to the person who has gone through a lot of suffering and hardship,
loss and injury. The legal definition states that a victim is the one who suffered directly from
mental, physical and psychological harm because of the commission of the crime.1 This was
also elucidated upon in the UN General Assembly Declaration of ‘Basic Principles of Justice
for Abuse of Power’. It states that victims are those indiciduas who have individually or
collectively suffered from physical, mental, psychological and economical torture. This can
also include any infringement of any major fundamental right(s).2
The impact faced by victims are of different types and levels which are as follows3:
1
Prof. N.V. Paranjaoe, Criminaology and Penology with Victimology, Central Law Publication.
2
Article 1, UN General Assembly Declaration of ‘Basic Principles of Justice for Abuse of Power’.
3
Supra 1.
1. Physical Impact: this includes grief, numbness, temporary or permanent impairment
of any substantial part of the human body, the raising of the heart beats and hyper-
tension.
2. Financial Impact – this includes the monetary loss of a victim in following things:
a. Costs and expenses incurred due to the medical treatments.
b. Damage of property
c. Cost of hiring a lawyer and in making other official documents available so that
he doesn’t face any such problems in getting justice.
d. Funeral and burial experiences.
e. There are cases which are so intense wherein the victim has no option but to
change the place of his residence. This being an extremely expensive loss to incur
financially drains the victim.
3. Psychological impact –
Life seems meaningless after suffering endless torture and harm after any crime. An
immense loss of self-confidence and self-esteem is observed in any person who has
suffered. Victim is in the constant state of shock and mental trauma which
unmatchable to any mental torture. The ability of a victim to cope up with the after
effects of crime are different and thus cannot be compared. While some may develop
an intense amount of post-traumatic stress disorder (PTSD) the others might not take
time to cope up with it. 4
RIGHTS OF THE VICTIMS

As stated above, a victim is the one who goes through a lot of sufferings and of all kinds.
Victims, being the aggreived party have rights through which they can make sure to acquire
justice.
Therefore, some of the rights of victims are as follows:
1. Registration of FIR
This is the first through which a victim puts the procedure of investigation in motion.
It is the first of every trial. Registration of FIR is mandatory under section of the Code
of Criminal procedure if the information discloses commission of a cognizable
offence and no preliminary inquiry is permissible in such a situation.5
2. Right to Speedy Justice.
4
Supra 1.
5
Section 154, CrPC; Lalita Kumari Versus Govt. of U.P. & Ors, (2014) 2 SCC 1.
Right to Speedy Trail is a concept which deals with disposal of cases as soon as
possible so as to make the Judiciary more efficient and trustworthy. The main aim of
Right to Speedy trial is to inculcate Justice in the society.6
3. Right to representation
Legal assistance from a lawyer is held by the Supreme Court of India as essential
requisite of the procedure established by law. The court holds that if a person does not
have legal aid, her or his deprivation of liability is unconstitutional and void.7
4. The right to apply for compensation
Victims have the right to apply for the compensation. “Compensation means payment of
damages, or any other act that court orders to be done by a person who has caused injury
to another and must therefore make the other whole.”8
6
Hussainara Khatoon v. State of Bihar, 1979 AIR 1369.
7
Crescent Dyes and Chemical Ltd. v. Ram Naresh Tripathi, (1993) ILLJ 907 SC.
8
Black’s Law Dictionary, 7th Ed., St. Paul, Minn., (1999).

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RIGHTS OF THE VICTIMS

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