INTRODUCTION

For too long, the law has centred its attention more on the rights of the criminal than on the
victims of crime. It is high time we reversed this trend and put the highest priority on the
victims and potential victims President Gerald R. Ford1
The available historical work in the field of criminal law relating to the role of the victim in
criminal proceedings reveals a steady evolution away from the private, or individual,
sphere to the public or societal one. In Europe and England after the collapse of the Roman
Empire, the victim and the criminal process were intimately linked. No formal government
structure existed; thus, criminal justice largely depended on self-help or the help of kin.
The blood feud constituted the major enforcement mechanism, both in England and on the
continent: The victim, or his or her kin, exacted vengeance against and repayment from the
perpetrator or his kin. At the same time, however, a rudimentary public enforcement
mechanism, outlawry, existed both on the continent and in England.2
Crime victims have assumed a prominent place in the study of criminal law. We talk about
victims in criminology and criminal justice policy; we talk about them in criminal procedure
and in substantive criminal law.
It seems unlikely that the victims newfound prominence is a coincidence. But beyond the
somewhat trivial explanation that the criminal laws new focus on the victim is a response to
our previous neglect of the topic, it is difficult to identify the reason for the victims new
prominence in the study of criminal law. This is because there is no single reason. The recent
call for more respect for the victims interests, rights, and perspective within the criminal
justice system is sympathetic to the victims 3. This shift in perspective may be the result of
more people being victimized, or it may result from real victims being increasingly able to
speak up. But it is probably even more the result of the society identifying itself for
whatever reasons with the victim4.
The interest criminology and criminal law have had in the victim since the seventies and
eighties also seems to be based on the assumption that the victim deserves the attention
offenders have had since the founding days of our disciplines. But the focus on victims has
produced quite different results. Criminologists findings on the victim quickly named
victimology5 brought to an end the naive idea that it is sufficient to look only at the
offender and perhaps the society in which he grew up in order to understand criminal acts.
1 Ahmad Siddique, Criminology-Problems and Perspectives (Lucknow: Eastern Book Company,
1997)at 504.
2 Lynne N. Henderson, The Wrongs of Victims Rights 1985 Stanford Law Review 938.
3 Cornelius Prittwitz, The Resurrection of the Victim in Penal Theory 1999 Buffalo Criminal Law
Review 111.
4 Id.
5 Pioneering work in the field of Victimology was done by B.Mendelsohn after the Second World
War. His work helped to develop Victimology as a major branch of Criminology.
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Victimology is the study of crime from the victims point of view. It is the science which
makes victims the centre of study and aims at intensive understanding of the victim-offender
relationship, investigates the victims share in crime causation, examines the ways and means
to protect victims before commission of the crime, during investigation and trial of the
offender and also restitution and reparation of the damages caused to him by perpetration of
the crime6.
Thus there is no single reason to explain criminal laws newfound obsession with the victim.
However this focus on the victim is a welcome development.
The victim is one of the central figures in the criminal process and deserves the attention he
gets. The criminal justice can collapse without the cooperation of the victim. Thus the victim
must play a major role in criminal proceedings. Steps are being taken all over the world to
enhance the role of victims in criminal proceedings- starting from investigation to the trial
and even during sentencing. These steps are reflected in the amendments in the criminal
procedure of several countries, which have given the victim a major role to play during
criminal proceedings. It is hoped that this role enhancement of the victim during criminal
proceedings and the importance given to the victims will not be abused and will help in
improving and developing the criminal justice system.
RESEARCH METHODOLOGY
Aims and Objectives
The aim of this project is to explore and analyse the role of the victim during criminal
proceedings. The project aims at analyzing the interaction of the victims with the constituent
elements of the criminal justice system ie. the police, lawyers and courts and the role played
by him at each stage of the criminal process. Objectives of this project include looking at
victims of sexual offences and their special needs and role and also analysing the concept of
compensation to victims. The project suggests remedial measures to enhance the role of
victims during criminal proceedings and to sensitise the criminal justice system to the needs
and expectations of the victims.
Nature of Project
The project is analytical as well as descriptive in nature. However majority of the project is
analytical in nature.
Sources of Data
The sources of data used are secondary in nature. A host of leading textbooks on criminal
procedure and victimology have been referred to. Articles from leading journals like Criminal
Law Journal, Criminal Law Review, Cochin University Law Review etc. have been used.
Case reporters like All India Reporter, Supreme Court Cases and Criminal Law Journal have
also been referred to.
Scope and Limitation
The scope of this project is limited to studying the role of the victim in criminal proceedings
from the point of view of the law of criminal procedure, analysing the flaws in the system
6 Supra note 1 at 504.
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which prevent the victim from playing an effective role in the criminal justice system and to
suggest remedies to enhance the role of the victim in the criminal process. The project does
not look at the role of the victim in criminal proceedings in the USA and also does not
explore victimological theories relating to victims and types of victims etc.
Research Questions
The following are the research questions:

Why is the study of the victim and his role during criminal proceedings important in
criminal law?

How has the role of the victim in criminal law evolved?

How does the victim interact with the various elements of the criminal justice system
and what is his role during the various stages of the criminal process?

What are the special needs and rights of victims of sexual offences?

How and why is compensation to victims awarded?

Are the present schemes for victim compensation in India adequate? If not how can
they be improved?

How can the Criminal Justice System be sensitized to the rights and needs of the
victims?

How can the role of the victim during criminal proceedings be enhanced and made
more effective so as to help facilitate the development and improvement of the
criminal justice system?

Victims Interaction With The Criminal Justice System And Role In The Criminal
Process
The victim sets the criminal law into motion and then goes into oblivion. Once a victim
reports a crime to the police, then the police, lawyers, court officials, judges/magistrates take
over. What actually happened to the victim, frequently seems to matter only in-sofar as it
guides law enforcement officials in determining how much attention to give to the
complainant and how to classify or define the offence. For the most part, victims opinions
are rarely solicited; personal costs incurred by the victim are considered irrelevant. Instead
what was once a private matter becomes the business of strangers to be handled mainly as
they see fit. The working assumption of the criminal justice system is that, despite this
transfer of interest, the victim will come forward and cooperate, because although the State
brings the prosecution, yet, without the victims cooperation the entire case can fall apart 7.
Thus very often the victim suffers a secondary victimization in his interaction with the
criminal justice system, which may lead to disenchantment, disinterest and future noncooperation, not only by the victim but also by his friends and relatives.

7 Bharat B. Das, Victims in the Criminal Justice System (New Delhi: APH Publishing Corporation, 1997)at 122.
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This indifference and lack of concern towards the victim by the criminal justice system is
reflected in the Code of Criminal Procedure8, 1973 which has no special provisions
specifying the role of victims during criminal proceedings or any provisions to protect and
enhance the rights and interests of the victims during their interaction with the criminal
justice system.
Let us now take a look at the victims interaction with the criminal justice system and the role
he plays once the criminal law is set into motion:
Meeting The Police
The victims first contact with the criminal justice system is with the police. Very often the
police will remain the closest agency to the victim throughout the investigation of the case
and the prosecution of the offender. When the victim first meets the police, he becomes
caught up in the police process of investigating the offence and prosecution of the offender.
Once he has decided to report the case, much of the power to direct the way the case proceeds
passes to the police. At the same time the victim requires an emergency response by the
police to provide aid and assistance.
The police requires the moral support and cooperation of the victim to prepare the case for
the prosecution before the court in addition to tracing and apprehending the offender. The
victim is expected to be able to give a detailed physical description of the offender and to
narrate the facts and circumstances in which the crime took place. The victim may also be
asked by the police to identify the offender in an identification parade9.
Victims often complain that the police are unhelpful. Unhelpful here means that the police are
officious, accuse the victim and show no empathy or do not believe the victim. The most
common problems suffered by most of the victims while reporting an offence is the absence
of receptive and sympathetic attitude on the part of the police towards the victim who has
come to the police in a state of tension caused by the trauma of the offence that has been
committed against him10. Occasionally, in addition to the unhelpful attitude, the harassment of
the victim by the police is not an uncommon feature.
Investigating the Offence
Once an offence has been reported to the police the focus for determining subsequent action
moves from the victim to the police. The police will be concerned with gathering evidence so
that the accused can be prosecuted. The victim will be involved in or concerned with many of
these activities and decisions but it is the police who will usually set the timetable and control
what is happening11.

8 Sections 357-359 of the Code of Criminal Procedure are the only provisions in the law of criminal
procedure to deal with victims. They relate to compensation payable to victims. However these
provisions are rarely invoked by the Courts to award compensation to victims. Section 357 has been
specifically discussed in detail in the Section titled Compensation to Victims in this project.
9 Supra note 10 at 123.
10 Id.
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In criminal offences the victim is usually a major prosecution witness. The evidence that he
can provide will include not only his statement of what happened, but also evidence of the
injuries he sustained, identification evidence as to the offender, samples for forensic analysis
and evidence as to the place of the offence12.
During the investigation process victims want to know all sorts of details: whether the
offender is caught, what the charges are, whether the offender has been released on bail, what
would happen next, what the victim would be required to do and when. Unfortunately though
the victim is vital to the police throughout the recording, detection and investigation of the
case the police are not concerned to fulfill the victims need to be informed, occasionally
consulted and to be treated with dignity and respect13.
Victim and the Court
Victims are usually almost completely uninformed about the progress of their case prior to
the trial. They only information they may receive from official sources- the summons is itself
found to be uninformative, confusing and adds to the victims worry14.
For those victims who attend court, the experience is not confined to answering questions in
the witness box or listening to what is being said. There are the contracts they may have with
the police and the courts when being summoned to come to court. There is the experience of
waiting outside the courtroom and the contact they may have there with police officers,
prosecution solicitor or counsel, or the offender. Even after giving evidence, there is the
problem of obtaining witness expenses and whether these meet the costs of victims in
attending court15.
The victim is not considered to have any special interest in the proceedings, compared to any
other prosecution witness. In the courtroom too he feels manipulated by the prosecution and
the defence who use the structure of formal questioning to present their own view of the
offence16.
If the victim is a non-person in the eyes of the professional participants 17, at least as far as the
day to day functioning of the system is concerned, then he will not be informed or consulted
as a matter of course. However any changes intended to meet present victim expectations
11 Supra note 10 at 125.
12 Ibid at 126.
13 Id.
14 Supra note 10 at 127.
15 Ibid at 128.
16 Id.
17 The professional participants of the Criminal Justice System are the police, lawyers and Judges and the
Courts.

would involve teaching the professional participants in the criminal justice system that the
victim is to be treated courteously, kept informed and consulted about all stages of the
process. They involve treating the victim as a more equal partner. That, however, would
imply a greater emphasis on the role of the victim, and potentially, less emphasis on the role
of the offender and that of the legal profession. This might include a shift in working
practices of the professional participants that might initially appear to involve more work,
more difficulty and more effort but, paradoxically, may result in easier detection, a higher
standard of prosecution evidence and fewer cases of prosecution failure18.
Victims Of Sexual Offences
The grievances of victims of sexual offences especially rape are many and they take a number
of forms. When the victim of rape approaches the police station she enters into the gateway of
the criminal justice system where she is faced with interrogation, which leads to medical
examination in an environment where she feels uneasy because the incident of rape is again
brought on the surface of the mind of the victim, which is followed by harassment, delay and
adjournment in repeated court appearances, insult at the hands of the defence lawyer and loss
of earnings. Thus the path to justice for a rape victim is slow and painful. In the adversarial
system of trial the judge plays a passive role and often exhibits his helplessness in checking
lengthy cross examination of the victim during which she is insulted and embarrassed by the
defence lawyer whose only concern usually is acquittal of the accused.
The Supreme Court of India has taken note of the flaws in the system and through its
decisions has been consistently trying to rectify these flaws by enabling the victims of rape to
play a major and effective role during criminal proceedings and at the same time protecting
their rights and interests so that the path to justice for the victim of rape is smooth and
speedy.
Right of Privacy of Rape Victims
In State of Punjab v. Gurmeet Singh19 the Supreme Court of India held that the trial of rape
cases must be done invariably in-camera rather than in open court as envisaged Section
327(2) of the Code of Criminal Procedure, 1973. The Supreme Court also pointed out that it
would be unlawful for any person to print or publish any matter in relation to the proceedings
of such cases except with the previous permission of the judge of the court as per provisions
of Section 327(3) of the CrPC. The further dictum of the Apex Court was that wherever
possible, it would be desirable that sexual assault cases on women are tried by lady judges so
that the victim can make her statement with greater ease and assist the courts to properly
discharge their duty without allowing the truth to be sacrificed at the altar of rigid technicality
while appreciating evidence in such cases.
Award of Interim Compensation to the Victims of Sexual Offences
In Bodhisattvwa Gautam v. Subhra Chakraborty20 the Supreme Court, directed accused to
pay to Subhra Chakraborty (victim) a sum of Rs 1000 every month as interim compensation
18 Supra note 10 at 132.
19 AIR 1996 SC 1393.
20 AIR 1996 SC 922.
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during the pendency of the criminal case in the court of the judicial magistrate (First Class),
Kohima, Nagaland. He was also directed to pay arrears of compensation at the same rate
from the date on which the complaint was filed against him in the court of the Judicial
Magistrate (First Class), Kohima by Subhra Chakraborty.
The logic behind the order of interim compensation by the apex court is that Subhras most
cherished fundamental right to live with human dignity was violated by Gautam. According
to the Supreme Court fundamental rights can be enforced even against private bodies and
individuals. The law laid down by the Supreme Court is that it is not necessary that the
person who is the victim of violation of his fundamental right should personally approach the
court as the court can itself take cognizance of the matter and proceed suo motto or on a
petition of any public spirited individual.
However this decision of the Supreme Court to award interim compensation was criticized on
the ground, inter alia, that the order to award interim compensation during the pendency of
the criminal case against the accused destroyed the presumption of innocence in favour of the
accused and thus violated one of the fundamental tenets of criminal law. Perhaps the Court
was over zealous to protect the rights of the victim and to restitute the victim.
In Gudalure M.J Cherian v. Union of India21 the Supreme Court directed the Government of
Uttar Pradesh to suspend the police officers and the medical officer who had conducted
investigation of a rape case in a perfunctory manner and also to initiate disciplinary action for
major penalty against them under their respective service/conduct rules. The Apex court also
directed the State of Uttar Pradesh to pay a sum of Rs 250000 as compensation to each of the
victims of rape and said that the state government may recover the compensation amount
from the officers who were held guilty of lapses amounting to misconduct in the process of
investigation of the rape case.
Assistance to Victims of Rape
In Delhi Domestic Working Womens Forum v. Union of India22 the Supreme Court
highlighted the grievances of rape victims and issued the following directions to the Central
Government for assistance of rape victims:

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 victims advocate would not only be to
explain to the victim the nature of the proceedings, to prepare her for the case and to
assist her in the police station and in court but to provide her with guidance as to how
she might obtain help of a different nature from other agencies, for example,
psychological counseling or medical assistance. It is important to secure continuity of
assistance by ensuring that the same person who looked after the complainants
interests in the police station represents her till the end of the case.

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

21 (1995) Supp.(3) SCC 387.

22 (1995)1 SCC 14.
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station, the guidance and support of a lawyer at this stage and whilst she was being
questioned would be of great assistance to her.

The police should be under a duty to inform the victim of her right to representation
before any questions are asked to her and 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
the victims, who did not have a particular lawyer in mind or whose own lawyer was
unavailable.

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.

In all rape trials anonymity of the victims must be maintained as far as necessary.

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. Rape
victims frequently incur substantial financial loss. Some, for example, are too
traumatized to continue in employment.

Compensation to the victims should 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.

These directions show that the Apex Court is sensitive to the needs of the victims of sexual
offences. It is hoped that these directions will be implemented by the Government of India in
letter and spirit. Such implementation will address the grievances of rape victims and enable
them to play an effective role during criminal proceedings and also enable the criminal justice
system to protect the rights and interests of victims (of sexual offences) and to do justice.
COMPENSATION TO VICTIMS
Compensation to victims is an issue of considerable complexity. Compensation helps to
counter balance the victims suffering and loss. It helps to restore the victims place in the
community and his rights, which were injured or extinguished in the process of victimization.
In India there is neither a comprehensive legislation nor a statutory scheme providing for
compensation by the state or by the offender to victims of crime. The state generally makes to
the victims ex-gratia payment, which is not only ad hoc and discretionary but also
inadequate.
The Indian criminal law system does not provide for institutionalized payment of
compensation to victim of a crime for any loss or injury- physical, mental or
psychological- caused to him by the offender. The Law Commission of India felt that it was
unwise to create a legal right in favour of the victim to join in the criminal proceedings as a
third party to avoid mixing up of civil and criminal proceedings, a confusion of issues and
8

prolongation of trial. It also could not see great advantage in providing for duty to make
amends for harm caused or payment of compensation to the victim of the offence as an
additional punishment. It favoured payment of compensation out of fine imposed on the
offender23.
Section 357 of the Criminal procedure Code, 1973 inter alia, empowers a criminal court, in
its discretion, to award compensation to any person for any loss or injury caused by an
offence in those cases where fine does or does not form a part of the sentence imposed.
Section 421 of the CrPC empowers the criminal court passing a sentence of fine, in its
discretion, to recover this amount by attachment and sale of any movable property of the
offender and/or as arrears of land revenue from his movable or immovable property or both.
However the court is not empowered to adopt either of the methods when the offender has
undergone the whole of the imprisonment awarded in default of payment of the fine except
for special reasons to be recorded in writing or where it has made an order for payment of
expenses or compensation out of the fine imposed under Section 357.
By virtue of Section 431, CrPC, Section 421, CrPC, along with its proviso is equally
applicable for recovery of a specified amount (which does not form part of the sentence)
ordered as compensation under Section 357(3) of the CrPC.
Compensation to victims is also available under Section 5 of the Probation of Offenders Act,
1958. However in practice the courts have not paid much attention to this provision and the
application of this section to pay compensation to victims has been extremely rare.
It is to be noted that courts in India have hardly invoked their statutory (discretionary) powers
to compensate victims of crime. The Law Commission of India has not only admitted the fact
that courts in India are not particularly liberal in utilizing these provisions but also observed
that it is regrettable our courts do not exercise their statutory powers under this Section as
freely and liberally as could be desired.24
Referring to and commenting on sub-section 3 of Section 357, Code of Criminal Procedure,
the Supreme Court observed: It is an important provision but courts have seldom invoked it.
Perhaps due to ignorance of the object of it. It empowers the court to award compensation to
victims while passing judgment of conviction. It is a measure of responding appropriately to
crime as well as reconciling the victim with the offender. It is, to some extent, a constructive
approach to crimes.25
The Supreme Court also added a new dimension to the concept of victim compensation when
it directed State Governments to take appropriate measures for deduction of the sum out of
the earnings of the prisoners, which can be utilized for compensating the victims26.
23 K.I Vibhute, Victims of Rape and Their Rights: Legislative and Judicial Responses in India
1999 Cochin University Law Review 42.
24 Supra note 30 at 43-44.
25 Hari Kishan and State of Haryana v. Sukhbir Singh, AIR 1988 SC 2127.
26 Surya Deva, Juxtaposing Prisoners Wages and Compensation to Victims: A Critique 2001 Criminal Law
Journal 31.

Compensation under the Constitution of India

Article 21 of the Constitution of India guarantees the fundamental right to life and liberty to
any person in India and by interpretation of this right the Supreme Court of India has
developed a compensatory jurisprudence keeping in view the world trends of criminological
thinking to pay attention not only to the accused, but also to the victims.
The process of recognition of right of a person to claim compensation for illegal detention
was started from the case of Rudal Shah v. State of Bihar27. In this case the petitioner was
detained illegally in Ranchi Jail in Bihar for 14 years after his acquittal by the court. The
Supreme Court recognizing the petitioners right to claim compensation for illegal detention
by writ petition under Article 21 awarded a total sum of Rs 35000 by way of compensation.
In Sebastian M. Hongray v. Union of India28 two women filed a writ of habeas corpus to
produce their husbands who were missing and alleged to have been murdered. The authorities
failed produce them, the Supreme Court directed respondents to pay Rs one lakh to each of
the wives of missing persons.
Another important area of awarding compensation under the constitution is for death in jail.
In a far reaching judgment on human rights in Challa Ramakonda Reddy v. State29 the
Andhra Pradesh High Court awarded Rs 144000 as damages against the State Government
for the death of an under trial prisoner in jail who was killed by his rivals.
Thus from these decisions it can be said that the High Courts and the Supreme Court have
now accepted and started propagating to have a compensatory criminal jurisprudence in our
criminal justice system. Thus compensation to the victim is a major concern of the criminal
justice system and this focus on victim compensation reflects the model of restorative or
compensatory justice which is being adopted by criminal justice systems the world over. This
focus on victim compensation has gone a long way in enhancing the role of the victim in the
criminal justice system and in making sure that the victim plays a telling role during criminal
proceedings.
Remedies For Victims- Ways To Enhance Role Of Victims And Enable Them To Play An
Effective Role In The Criminal Justice System
The present Code of Criminal Procedure does not recognize the right of the victim to take
part in the prosecution of the cases instituted on the basis of police report. The victim is
merely a witness. He has no right to prefer appeal against the order of acquittal of the
accused. The state reserves the discretion not to prefer appeal and also to withdraw from the
prosecution even in the case of heinous offences. The state exercises this discretion without
even consulting the victim. This discretion vested in the state is often misused on political
considerations. Thus the victim becomes the victim of the criminal justice system also when
politically motivated investigating and prosecuting agencies show lack of interest or apathy in
the matter of investigation or prosecution on extraneous considerations. The procedural law
should be suitably amended to allow victims to participate in every stage of the criminal
27 AIR 1983 SC 1986.
28 AIR 1984 SC 1026.
29 AIR 1989 Andhra Pradesh 235.
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justice system. While making these much needed amendments the following areas must be
considered and the following suggestions must be implemented in order to enhance the role
of the victim in criminal proceedings and to give him a major role in the criminal justice
system.
Participation of Victims
The Code of Criminal Procedure can be amended to make salutary provision for participation
of the victim during the stage of investigation and trial of the criminal cases instituted on the
basis of a police report. The government may consider the proposal of giving free legal aid to
the victims during the stage of investigation and trial of criminal cases instituted by the state.
By way of amendment to the CrpC rights can be conferred on the victims to engage lawyers
of their choice, whose opinion will prevail over the opinion of the public prosecutor in case
of conflict and also to prefer appeal against the order of acquittal of the accused.
Information to Victims
Owing to ignorance of law or lack of sensitivity, many police officers at the police station
level do not inform the victim of the action taken by the police relating to the commission of
the offence reported to the police station as per provisions of Section 173(2)(ii) of the Code
of Criminal Procedure, 1973. Nor is there any statutory provision to inform the victim of the
progress of the case during trial by the prosecution. The CrPC can be amended in order to
give rights to the victims to know the progress of the case in the court through the
prosecution. The police should also inform the victim about the action taken by them in
pursuance of the FIR. It is pertinent to point out the innovative method of giving information
to the victim, introduced by the Supreme Court, before accepting the final report submitted
by the police to the court. The Supreme Court has directed the judicial magistrates to give an
opportunity to the victim to be acquainted with the result of the police investigation and also
to raise objections if any before discharging the accused on the basis of the final report
submitted by the police under section 173 of the Code of Criminal Procedure30. The dictum of
the Apex Court must be followed rigorously by the magistracy in order to keep the victim
informed of the result of the investigation of a criminal case initiated by him.
Treatment of Victims as witnesses
Interrogation of the victims in general and the victims of sexual offences in particular should
be done by the police in a dignified manner and by following the procedure of law ie. without
calling the female victims and male victims below the age of 15 years to the police station for
the purpose of any interrogation as laid down in Section 160(1) of the CrPC. The government
should provide sufficient funds to the police and courts for payment of traveling allowance,
pocket money allowance and professional loss to the victims appearing as witnesses whether
in court or in the police station. The government should also set up sufficient number of
courts so that the pending criminal cases are disposed of within a period of three years. The
magistrates and judges should be trained in the art of court management and should be able to
control lengthy cross-examination by way of rejecting irrelevant questions.
Medical Assistance
The victims of offences to the body and accident victims need immediate medical assistance.
In a public interest litigation the question arose whether every member of the medical
30 Bhagwant v. Commissioner of Police, AIR 1985 SC 1285.
11

profession has the obligation to extend his services with due expertise for protecting life. In
this case31, the doctor avoided his duty to help an injured scooterist on the plea that it was a
medico-legal case and ultimately the injured scooterist succumbed to his injuries before
getting medical assistance in another hospital. The Supreme court in this case laid down that
whenever a person in the medical profession is approached for professional assistance, it is
his obligation to render all help which he can and if the case needs better assistance he must
make all efforts to ensure that the victim reaches the proper expert as early as possible. The
practice of certain government institutions and private practitioners to refuse even primary
medical aid to victims and referring them to other hospitals, because it is a medico-legal case,
is violative of the Code of Medical Ethics framed under section 33 of the Indian Medical
Council Act, 1956. The members of the medical profession must be persuaded and motivated
to follow the law of the land laid down by the Supreme Court.
Security by rejection of bail
The provisions relating to anticipatory bail in the CrPC must be amended as they are being
misused by the rich and the powerful. Anticipatory bail should be limited to a short period.
The courts must be very cautious before granting bail to the accused, who are influential
members of the society and who may abscond during the trial. The law should be amended to
give rights to the victims to approach the court for cancellation of bail of the accused who
threaten the victims during the pendency of the case in court.
Protection of privacy of Victims of Sexual Offences
Women police officers should take up the work of interrogation of victims of sexual offences
in general and rape in particular. Where women police officers are not available the victims
of rape should be interrogated at their residence or in the presence of their friends and
relatives. Similarly, the medical examination of the victims of rape should be done in an
atmosphere where the victim is made to relax and to actively participate and cooperate during
medical examination of the intimate parts of the body. Wherever possible female judges and
public prosecutors should preside over courts where trial of sexual offences takes place and
conduct trial of sexual offences respectively. The provision for in camera trial must invariably
be adopted by the presiding officers of the courts where sexual offences are tried. The
anonymity of the victim must be maintained during all stages of the criminal justice system32.
Return of Property
Many a time, the victims of property offences do not get back their property even when the
same is recovered by the police during investigation. The procedure for return of property is
laid down in the CrPC. The fact of congested Malkahanas in the police stations and in the
courts indicates that the properties seized by the police during investigation are not returned
to the victims for reasons like lack of awareness on the part of their rights or lack of initiative
on the part of the investigating officers and the public prosecutors. Even when the orders are
passed by the courts suo motto for disposal of property on conclusion of property, the order is
not communicated to the respective police station by the prosecutor for proper compliance.
The victims must be made aware of their rights to get their property back not only on

31 Pandit Paramanand Kaara v. Union of India, AIR 1989 SC 2039.

32 State of Punjab v. Gurmeet Singh, AIR 1996 SC 1393.
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completion of trial of the criminal case, but also during the stage of investigation and during
pendency of the trial of the criminal case in the court.
Compensation to Victims
In order to establish an effective system for compensation of victims the following steps are
recommended:33

The CrPC particularly Section 357 be amended suitably so that courts may award
compensation in any offence to the victims, to be paid by the offender.

There should be no fixed limit of compensation as in Section 358 of the CrpC. It

should be left to the discretion of the court considering the facts and circumstances of
each case and the capacity to pay of the offenders.

Every court should be authorized to pay compensation to victims of crime out of fines
collected by the respective court in cases where the victim claims compensation.

In every case of releasing an offender under the Probation of Offenders Act, 1958 the
provision of giving compensation to the victim should be made compulsory or reasons
must be given justifying non-compliance with the provision.

Judicial officers should be oriented with modern trends of assistance and

compensation to victims in the sentencing process.

Victims Role during the Sentencing Process

The victim should be allowed to make a statement during the sentencing phase. In this
statement he should be able to offer testimony about the physical, mental, emotional, social,
and/or economic harm caused by the crime. The victim may also be allowed to comment on
what sentence the offender should receive.
CONCLUSION
The grievances of the victims in the Criminal Justice System in India and the hurdles, which
diminish the role of the victim and prevent him from playing an effective role in criminal
proceedings, can be summarized as follows:

Inadequacy of law in allowing the victim to participate in the prosecution in a

criminal case instituted on a police report.

Failure on the part of the police and prosecution to keep the victims informed about
the progress of the case.

Inconvenience of the victim during interrogation by the police and lengthy court
proceedings.

33 Dr. N.K Chakrabarti, Victim Assistance and Compensation to Crime Victims Under Indian
Criminal Justice System Legal News and Views, Vol.14(5), (2000) at 16.
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Lack of protection when the victims are threatened and vilified by the offenders who
are released on bail during investigation or trial of the cases.

Insult caused to the victims of sexual offences and the indignity they have to suffer
and the trauma they have to undergo as their case passes through the different stages
of the criminal justice system.

Failure to get back the property seized or recovered by the police during investigation
of cases.

Want of prompt medical assistance to the victims of body offences and victims of
accidents.

Lack of provision in law for payment of compensation to the victims.

Thus in order to address these grievances and to enable victims to overcome the hurdles
present in the system so that they can play an important role during criminal proceedings the
following principles must be kept in mind and practised while dealing with victims in the
criminal justice system:

Victims should be treated with courtesy, compassion and with respect for their dignity
and privacy and should suffer the minimum of necessary inconvenience from their
involvement with the criminal justice system.

Victims should receive, through formal and informal procedures, prompt and fair
redress for the harm, which they have suffered.

Information regarding remedies and the mechanisms to obtain them should be made
available to victims.

Information should be made available to victims about their participation in criminal

proceedings and the scheduling, progress and ultimate disposition of the proceedings.

Where appropriate, the view and concerns of victims should be ascertained and
assistance provided throughout the criminal process.

Where the personal interests of the victim are affected, the views or concerns of the
victim should be brought to the attention of the court, where appropriate and
consistent with criminal law and procedure.

Measures should be taken when necessary to ensure the safety of victims and their
families and to protect them from intimidation and retaliation.

Enhanced training should be made available to sensitize criminal justice personnel to

the needs and concerns of victims and guidelines developed, where appropriate, for
this purpose.

Victims should be informed of the availability of health and social services and other
relevant assistance so that they might continue to receive the necessary medical,
psychological and social assistance through existing programs and services.
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Victims should report the crime and cooperate with the law enforcement authorities.

In the USA an amendment to the constitution has been proposed which guarantees the victims
certain rights in order to enhance their role during criminal proceedings and to make the
victim a major player in the criminal justice system.
The Victims Bill of Rights Amendment seeks to elevate crime victims to the same
constitutionally protected status as criminal defendants. The Amendment would give
victims seven constitutionally protected rights: (1) the right to be informed of the
proceedings; (2) the right to be heard at certain crucial stages in the process; (3) the right to
be notified of the offenders release or escape; (4) the right to proceedings free from
unreasonable delay; (5) the right to an order of restitution; (6) the right to have the safety of
the victim considered in determining a release from custody; and (7) the right to be notified
of all these rights.34
In India too the time has come to enact a legislation or to amend the Code of Criminal
Procedure along the lines of the American Victims Bill of Rights Amendment. Such a
legislation or amendments would give legal rights to victims in India which would be
protected by the courts. It would ensure the victim of total participation in the criminal justice
system and enable him to play an extremely important and effective role in criminal
proceedings, which would not only serve his interests but the interests of the criminal justice
system as a whole.

34 Jennie L. Caissie, Passing the Victims Rights Amendment: A Nations March Towards a More
Perfect Union 1998 New England Journal on Criminal and Civil Confinement 649.
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