Rights and Definitions of Victims in Indian Jurisprudence
Explore the rights and definitions of victims in Indian law, delving into the UN Declaration of Basic Principles of Justice for Victims of Crime, the Criminal Procedure Code, and Indian Constitution provisions. Learn about victimology and the treatment of victims in the criminal justice system.
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Presentation Transcript
Rights of Victims Dr S. Muralidhar Judge, Delhi High Court 13thMarch, 2016
Broad Themes Broad Themes Victims Definition Victims in the Criminal Justice System Victimology in Indian Jurisprudence The unfinished agenda
Victims Victims - - Definition Definition UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 Article 1 - "Victims" means 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 proscribing criminal abuse of power. Article 2 - A person may be considered a victim,under this Declaration,regardless of whether the perpetrator is identified,apprehended,prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term "victim" also includes,where appropriate,the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.
Victims Victims - - Definition Definition The Criminal Procedure Code, 1973 Defines Victim in S.2 (wa) inserted only by the Code of Criminal Procedure (Amendment) Act, 2008. S.2 (wa) - victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir;
Victims in the Criminal Justice System Victims in the Criminal Justice System At the stage of investigation At the Prosecution Stage Trial Protection of the Victims as witnesses Post trial: victims of the process
Victimology in Indian Jurisprudence Victimology in Indian Jurisprudence The Constitution of India Article 14 Equality before law Article 21 Protection of life and personal liberty Article 38 State to secure a social order for the promotion of welfare of the people Article 39A Equal justice and free legal aid Article 41 Right to work, to education and to public assistance in certain cases Article 51A(g) to have compassion
Victimology in Indian Jurisprudence Victimology in Indian Jurisprudence International Covenant ion Civil and Political Rights The Code of Criminal Procedure, 1973 Provisio to S. 24(8) the court may permit the victim to engage advocate to assist prosecution. Second Provisio to S. 157 (1) In cases of offence of rape, statement of victim at residence or place of her choice. S. 357, 357A, 357B Compensation S.357C Treatment of Victims S. 358 Compensation to persons groundlessly arrested. S. 372 Right of Victim to prefer an appeal in certain cases Chapter XXIA Plea Bargaining The Criminal Law(Amendment) Act, 2013
Victimology in Indian Jurisprudence Victimology in Indian Jurisprudence The Protection of Human Rights Act, 1993 S.12 The Human Rigths Commission has an important duty to protect rights of victims of crime and abuse of power. Legal Services Authority Act, 1987 S. 12 Criteria for giving Legal Services includes inter alia members of SC and ST, victim of trafficking in human beings or begar, woman, child, mentally ill or otherwise disabled people, a person under circumstances of undeserved want such as victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster..etc Probation of Offenders Act, 1958 S. 5 - Power of court to require released offenders to pay compensation and costs
Victimology in Indian Jurisprudence Victimology in Indian Jurisprudence Law Commission Reports 84thReport Sexual offences Substantive law, procedure and Evidence 152ndReport Custodial Crimes 154thReport Protection and Facilities to Witnesses, Plea Bargaining, Vicitmology, Special protection in respect of Women 198thReport Witness protection and Identity Protection 201stReport Emergency Medical Care to Victims 226thReport Compensation for Victims
Measures of redress for Victims Measures of redress for Victims Access to Justice and Fair Treatment Restitution Compensation Assistance
Unfinished agenda Unfinished agenda Recognition of victims and victimhood Recognising special categories of victims: degrees of vulnerability Need for a Criminal Injuries Compensation Board Settling norms for monetary compensation and for restitution Sensitising law enforcement agencies A responsive and responsible society: Collective action
