Entitlements of a Victim

A Deep Dive into the Indian Criminal Justice System

Abstract

The criminal procedure in India has always stood by its accused and has left its victims on the sidelines. The new criminal laws seek to balance this equation and ensure that the victims too are at the forefront of the justice system. This paper traces this shift and attempts to evaluate how the Bharatiya Nagarik Surakha Sanhita, 2023 is now taking a “victim-centric” approach. The paper begins by outlining the Sanhita’s new provisions namely registration of zero FIR, stringent deadlines, 90-day progress updates and guaranteed supply of all relevant documents to the prosecution within 14 days. While elaborating on the statutory provisions, the sections focus on the two identities a victim may be; a complainant and a witness. This section highlights a victim’s participatory rights, welfare and safety measures as provided by the Sanhita. The next section explores the judicial precedents like those established in the Lalita Kumari case demonstrate how the scope of victim rights can be expanded within the operational boundaries as well. Furthermore, this paper gives specific attention to compensation by analysing Bhartiya Nagarik Suraksha Sanhita, 2023 §396 and the ever-evolving jurisprudence on victimology and compensation. This paper seeks to highlight that India is now attempting to move towards a restorative form of criminal justice using this new Sanhita as one of its guiding tools. However, there is still a long way to go and this path to a “victim-centric” approach must be met with budgetary commitments, executive-judiciary coordination and a vision in the minds of lawyers and scholars.