SISTER NIVEDITA UNIVERSITY

SUBJECT- VICTIMOLOGY

CRIMINOLOGY

NAME-DITIPRIYA HAZRA

STUDENT ID- 2322215005025

REGISTRATION NO- 230050253379

 Role of courts in securing victim justice in India

“It is a weakness of our jurisprudence that the victims of the crime, and the distress of the
dependents of the prisoner, do not attract the attention of the law. Indeed, victim reparation is
still the vanishing point of our criminal law. This is a deficiency in the system which must be
rectified by the Legislature. We can only draw attention in this matter.” –
JUSTICE KRISHNA IYER1
The Victim has no direct right to participate in proceeding of the Court except to give
evidence as witness. In the recent times present system the participation of crime-victim is
very nominal and victim-complainant is shown as a witness of the prosecution and they also
get a very poor response of Police in dept registered of criminal case whereas the accused has
several rights and remedies. There are no timely orders for safety, care, and protection of
persons or property, treatment of Injuries, staying home rehabilitation. There is a massive
inadequacy of law in favour of victims. However certain rights-
I. Right to be present and observe the proceeding of Court.
II. Right to be heard and participate in the proceeding of the Court.
III. Right to be informed of the proceeding and events of proceedings of the Court.
IV. Right to protection from criminal intimation and treat before, during and after
proceeding.
V. Right to restitution from offenders.
VI. Right to be returned personal property recovered from the accused during
investigation.
VII. Right to medical tribute.
VIII. Right to compensation.
IX. Right to rehabilitation.

WHO IS VICTIM?
“Victim" means an individual who suffers, in relation to an offence,
(a) Physical or mental injury or economic loss as a result of an act or omission that forms the
basis of the offence, or
(b) significant emotional trauma and is an individual against whom the offence was
perpetrated or, with respect to an individual against whom the offence was perpetrated, is a
spouse, sibling, child or parent of the individual.
According to Section 2 (wa) Code of Criminal Procedure, 1973,2 “victim” means a person
who has suffered any loss or injury caused by reason of the act or omission for which the

1
Rattan Singh v. State of Punjab, AIR 1980 SC 84, para 6
accused person has been charged and the expression “victim “includes his or her guardian or
legal heir;’
It can be concluded that the victim mean:
• Any person who has suffered harm physically, mentally, pecuniary or impairment of
fundamental rights,
• Due to the acts or omissions of the another person that are in violation of criminal laws
operative within the country,
• That person may be a natural person, group of persons or an entity or institution.
• The definition of victim is not limited to that person against whom the offence has been
committed. It also includes all those people who have been affected because of the offence
such as guardians, legal heirs and communities.

ROLE OF INDIAN JUDICIARY ON RIGHTS OF VICTIMS:

A significant phase in the evolution of victimology in India was witnessed in the 1980s,
through the creative judicial decisions delivered by the appellate courts. In 1980’s and 1990’s,
the Supreme Court had recognized 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.
A new era in the Indian victimology began with the initiative taken by the Indian judiciary in
the nature of evolving a new kind of compensatory constitutional remedy through articles 32
or 226/227.
In Rudal shah v. State of Bihar 2where a person was wrongfully kept in prison for 14 years.
The petitioner inter alia also sought compensation for illegal incarceration. The Supreme
Court for the first time held that its power under Article 32 of the Constitution of India
extends to award compensation for the deprivation of fundamental rights. The Court
observed: “Article 21 which guarantees the right to life and liberty will be denuded of its
significant content if the power of this court were limited to passing orders of release from
illegal detention. One of the telling ways in which the violation of that right can reasonably
be prevented and due compliance with the mandate of Article 21 could be secured is to mulct
its violation in the payment of monetary compensation”.
Paschim Banga Khet Samity v State of West Bengal 3where the Supreme Court upheld that
the right to life included the right to health, compensation was granted by way of redress with
explicit reference to the Rudul Sah case.
Bhim Singh, Mla vs State Of J & K And Ors.4, the Court said, referring to the police officers'
actions. Furthermore, "If the personal liberty of a member of the legislative assembly is to be
played in this fashion, one can only worry what may happen to lesser mortals,". Furthermore,

2
1983 AIR 1083
3
(1996 SCC(4)37),
4
AIR 1986 SC494, 1986 CRILJ 192
"police officers who are the custodians of law and order should have the greatest respect for
citizens' personal liberty and should not float the laws by stopping in such weird acts of
lawlessness," according to the statement. Law enforcement officers should not become
violators of civil liberties. The tort of False Imprisonment is a prevalent offence that causes
grave infractions of the right to life and liberty.

False Imprisonment occurs when a person intentionally limits and prohibits another person's
mobility within the respective region without seeking the person's consent, lawful
justification, and authority. For a misdemeanour to constitute false imprisonment, certain
essential elements need to be factored in:
1. The rights and the liberties of the person falsely imprisoned are divested

2. The nature of the prescribed act should be unlawful.

3. The act should be carried out with malicious intentions.
4. The knowledge of restraint is vital to establish the act of False Imprisonment

In Bhim Singh case, all these ingredients mentioned earlier of false Imprisonment are
fulfilled, thus exposing how the police officers illegally detained Bhim Singh and deprived
him of his fundamental and constitutional rights.

The petitioner Bhim Singh was not produced before the Magistrate within the required time
frame of 24 hours by the police officer; instead, Bhim Singh was illegally held in detention in
the police custody, thereby the police trespassing the required time within which Bhim Singh
was supposed to be produced before the Magistrate and as a result breaching Section 56 and
Section 76 of the Criminal Procedure Code which requires the accused arrested to be brought
before the Magistrate within 24 hours of the arrest.
The right to live and liberty applies to every citizen of India, and it applies to inmates, too;
inmates have a right to live with dignity and liberty. Despite the circumstances that the
accused was in, which compelled him to stay in police custody, he did not grant the right to
the police officials to unlawfully detain him and keep him confined to the prison cell for the
required time.

The person who is about to be falsely imprisoned may use reasonable force to prevent the
wrongful arrest. He intends to use force as a form of self-defence, but he must attest that the
force employed is reasonable in light of the circumstances.
Even inmates in jail have human rights since prison torture is not the only way to obtain
justice; acknowledging a miscarriage to do justice to a living being is as vital. Article 21 of
the Indian Constitution emphasizes the importance of human rights.
In Nilabati Behera v. State of Bihar 5is an illustrative of the new trend of using constitutional
jurisdiction to do justice to the victims of crime. The Court held that a claim in public law for

5
(1993) 2 SCC 746.
compensation for violation of human rights and abuse of power is an acknowledged remedy
for the enforcement and protection of such rights. The court further laid down that the
concept of sovereign immunity is not applicable to the case of violation of right to life and
personal liberty guaranteed by
In D.K. Basu v. State of West Bengal6 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 Article 21 of the Constitution.
In People’s Union for Civil Liberties v. Union of India, 7the Supreme Court awarded a sum of
Rs. One lakh to the families of each of the deceased killed in a ‘fake encounter’ by the police.

In A.K. Singh v. Uttarakhand Jan Morcha, 8the Supreme Court set aside the High Court’s
order directing the convicts to furnish compensation to the victims, holding that Rs. 10 lakhs
was in excess of the required compensation for the crime.
In Chairman, Railway Board v. Chandrima Das,9 Appeal was referred that remedy lies in
private law and not public law so therefore no compensation was awarded.
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 Court’s 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.
In Sarla Verma v. Delhi Transport Corporation 10 the Hon’ble Supreme Court has rationalized
& simplified the computation of MACT claims. Before this judgment, there were lack of
uniformity and consistency in awarding the compensation. Every Motor Accidental Claims
Tribunals were calculating the compensation differently on the same facts. After considering
the Motor Vehicles Act and previous judgments, the Hon’ble Court laid down the parameters
for calculating the amount of compensation.
In Delhi Domestic Working Women's Forum vs Union of India 11 4 Domestic Servants were
raped by 7 Army Personnel in a running Train. Women’s Forum brought a PIL and said that it
was a barbaric assault of dignity of women and no serious attention neither rehabilitation and
in this Complaint, Court pointed out the lacuna of Prison System. The Court laid down
certain guidelines-
(1) The complainants of sexual assault cases should be provided with legal representation. It
is important to have someone who is well-acquainted with the criminal justice system. The
role of the victim's advocate would be to explain to the victim the nature of the proceedings,

6
(1997) 1 S.C.C. 416
7
7 AIR 1997 SC 1203
8
8 (1999) 4 S.C.C. 476
9
(2000) 1 S.C.C. 46
10
( 2009) 6 SCC 121.
11
1995 SCC (1) 14, JT 1994 (7) 183, 1994 SCALE (4)608
to prepare her for the case and to assist her in the police station and in court but also to
provide her with guidance as to how she might obtain help of a different nature from other
agencies, for example, mind counseling or medical assistance.
(2) Legal assistance will have to be provided at the police station since the victim of sexual
assault might very well be in a distressed state upon arrival at the police station, the guidance
and support of a lawyer at this stage and whilst she was being questioned would be of great
assistance to her.
(3) The police should be under a duty to inform the victim of her right to representation
before any questions were asked of her and that the police report should state that the victim
was so informed. A list of advocates willing to act in these cases should be kept at the police
station for victims who did not have a particular lawyer in mind or whose own lawyer was
unavailable.
(4) The advocate shall be appointed by the court, upon application by the police at the
earliest convenient moment, but in order to ensure that victims were questioned without
undue delay, advocates would be authorized to act at the police station before leave of the
court was sought or obtained.
(5) In all rape trials anonymity of the victim must be maintained, as far as necessary.
(6) It is necessary, having regard to the Directive Principles contained under Article 38(1) of
the Constitution of India to set up Criminal Injuries Compensation Board.
(7) Compensation for victims shall be awarded by the court on conviction of the offender and
by the Criminal Injuries Compensation Board whether or not a conviction has taken place.
The Board will take into account pain, suffering and shock as well as loss of earnings due to
pregnancy and the expenses of child birth if this occurred as a result of the rape.
In Ankush Shivaji Gaikwad v. State of Maharashtra 12, the Hon’ble Supreme Court held that
victims should not be "forgotten" by courts while deciding criminal cases and it is court's
obligation to apply mind in granting compensation in each case.
AFFIRMATIVE ACTION BY THE HIGHER JUDICIARY:
1) Restitution to Victims: Despite the absence of any special legislation to render justice
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 or
restitution or enhanced the amount of compensation to victims, beginning from the
1980s. Sukhdev Singh v. State of Punjab 13 , Balraj v. State of U.P 14 , Giani Ram v.
State of Haryana15, Baldev Singh v. State of Punjab 16.
2) Justice for Rape Victims-Guidelines for Victim Assistance: In Bodhisattwa Gautam v.
Subhra Chakraborly17, the Supreme Court held that if the court trying an offence of

12
1(2013) 6 SCC 770.
13
1982 SCC (Cr) 467
14
994 SCC (Cr) 823
15
4 AIR 1995 SC 2452
16
AIR 1996 SC 372
17
AIR 1996 SC 922
 rape has jurisdiction to award compensation at the final stage, the Court also has the
right to award interim compensation. The court, having satisfied the prima facie
culpability of the accused, ordered him to pay a sum of Rs.1000 every month to the
victim as interim compensation along with arrears of compensation from the date of
the complaint. It is a landmark case in which the Supreme Court issued a set of
guidelines to help indigenous rape victims who cannot afford legal, medical and
psychological services, in accordance with the Principles of UN Declaration of Justice
for Victims of Crime and Abuse of Power, 1985:
I. The complainants of sexual assault cases should be provided with a victim's
Advocate who is well acquainted with the CJS to explain to the victim the
proceedings, and to assist her in the police station and in Court and to guide
her as lo how to avail of psychological counselling or medical assistance from
other agencies;
II. Legal assistance at the police station while she is being questioned;
III. The police should be under a duty to inform the victim of her right to
representation before any questions are asked of her and the police report
should state that the victim was so informed;
IV. A list of Advocates willing to act in these cases should be kept at the police
station for victims who need a lawyer;
V. The Advocate shall be appointed by the Court, in order to ensure that victims
are questioned without undue delay;
VI. In all rape trials, anonymity of the victims must be maintained;
VII. It is necessary, having regard to the Directive Principles contained under Art.
38 (1) of the Constitution of India, to set up a Criminal Injuries Compensation
Board. Rape victims frequently incur substantial financial loss. Some, for
example, are too traumatized to continue in employment
VIII. Compensation for victims shall be awarded by the Court on conviction of the
offender and by the Criminal Injuries Compensation Board whether or not a
conviction has taken place. The Board will take into account pain suffering
and shock as well as loss of earnings due to pregnancy and I expenses of child
birth if this occurred as a result of the rape.
3) State Compensation for Victims of Abuse of Power: As early as 1983, the Supreme
Court recognized the need for state compensation in cases of abuse of power by the
State machinery. In the landmark case of Rudul Shah v. State of Bihar18 , the Supreme
Court ordered the Government of Bihar to pay to Rudul Shah further sum of
Rs.30,000 as compensation, which according to the court was of a "palliative nature",
in addition to a sum of Rs.5,000, in a case of illegal incarceration of the victim for
long years. Similarly in Saheli, a Women's Resources Centre through Mrs.Nalini
Bhanot v. Commissioner of Police, Delhi Police 19 , the Court awarded a sum of
Rs.75,000 state compensation to the victim's mother, holding that the victim died due
to beating by the police. In another landmark case of D. K. Basu v. State of West
Bengal20 , the Supreme Court held that state compensation is mandatory in cases of

18
AIR1983 SC 1086
19
AIR 1990 SC 513
20
AIR 1997 SC 610
 abuse of power and said that !To repair the wrong done and give judicial redress for
legal injury is a compulsion of judicial conscience".
4) Recent Laws to Care for and 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 recent enactments by the Parliament have a
significant bearing on preventing victimization and giving relief to victims.
CONCLUSIONS AND SUGGESTIONS:
In the process of prevention of victimization and the protection of victims, there are
many challenges faced in India which are being tackled through some positive measures.
Some of the challenges and the counter measures include:
I. Delays and Backlog: A large backlog of cases results in significant delays,
which prolongs the trauma for victims and delays any reparative measures.

II. Inadequate Compensation: While courts can award compensation, there is

often inconsistency in amounts and enforcement, and the funds are sometimes
insufficient to cover victims' needs.

III. Limited Victim Representation: In the Indian legal system, the victim's role is
secondary to that of the state versus the accused, which sometimes results in
victims not having adequate representation.

IV. Lack of Victim Assistance and Rehabilitation: There is limited focus on post-
trial rehabilitation and counseling, which leaves victims without the necessary
support to rebuild their lives.

V. No Separate Law for Crime Victims Yet: - But continuous efforts are going on
to enact a national law for victims.

VI. Corruption in the Indian Criminal Justice System: - Corruption by public

officials erodes the entire health of the society and victimizes people in all
sections of the population. Many steps to reduce the level of corruption and
accumulation of illegal wealth have been taken by the Government.
Declaration of assets and wealth by judges of the higher judiciary and
ministers of the government is a recently introduced example.

VII. Major Challenge is Implementation: - Transparency and honesty among the

politicians who make policies and the commitment of government officials
who are charged with the responsibility for implementation are the big
challenge. Whereas the situation of victims has not been satisfactory in India,
developed countries, including the United Kingdom, have gone far ahead to
render victim justice, but the expectations and aspirations of victims remain
high even in those countries which do not match the accomplishments made
elsewhere.
SUGGESTIONS FOR SECURING BETTER VICTIM JUSTICE IN INDIA:

a.Strengthening Legal Frameworks:

Enact a Victims’ Rights Act: A comprehensive law focused on victims’ rights should be
enacted to guarantee timely assistance, participation, and compensation. This law could
outline specific entitlements, such as the right to information, protection, participation, and
restitution.
Reinforce Compensation Mechanisms: Introduce a more structured compensation scheme
with clear guidelines on amounts, faster disbursement, and better financial support for
rehabilitation.

b. Enhancing Court Processes:

Specialized Fast-Track Courts: Set up dedicated fast-track courts for cases involving serious
crimes against victims, like sexual assault or domestic violence, to ensure speedy justice.
Victim-Friendly Courtrooms: Design courtrooms and waiting areas to create a victim-
sensitive environment that minimizes re-traumatization and encourages participation.

c. Expanding Victim Participation:

Victim Representation through Advocates: Allow victims to have their advocates represent
them independently in criminal proceedings, beyond the public prosecutor’s role, to ensure
their interests are prioritized.
Amendment to Procedural Laws: Amend the Code of Criminal Procedure to enhance victims’
roles in bail hearings, evidence presentation, and sentencing phases to ensure their voices are
heard.

d. Strengthening Witness and Victim Protection Programs:

Institutionalize Witness Protection Programs: Formalize the witness protection scheme,
focusing on long-term security measures for victims, including relocation, financial aid, and
identity protection.
Psychological Support: Courts should mandate psychological counseling and trauma-
informed care as part of victim support, especially for children and survivors of gender-based
violence.

e. Judicial and Legal Training:

Sensitization Training for Judges: Regular training programs for judges on victimology and
trauma-informed practices can foster a more empathetic approach toward victims.
Legal Education and Awareness: Legal education initiatives aimed at judges, prosecutors, and
defense attorneys can promote awareness of victim rights and the latest developments in
victim justice.

f. Strengthening Rehabilitation Programs

Post-Trial Support Services: Establish structured rehabilitation programs that offer legal aid,
medical assistance, psychological counseling, and job placement services to help victims
reintegrate into society.
Collaborate with NGOs: Partnering with non-governmental organizations can provide victims
with additional resources, including shelter, employment training, and counseling.

g. Leveraging Technology:
Digitizing Case Information for Transparency: A centralized digital platform for victims to
track case progress and receive regular updates would empower victims and reduce their
anxiety about legal proceedings.
Victim Assistance Hotlines: Courts could introduce helplines or online portals to provide real-
time information, counseling, and legal guidance to victims.

In conclusion, Indian courts play a crucial role in securing justice for victims, but much more
can be done to strengthen the legal framework, improve judicial processes, and support
victims holistically. Through legislative reforms, enhanced judicial practices, and supportive
services, the Indian judicial system can move closer to ensuring comprehensive justice for
victims of crime.