It discusses the laws in India for Victim's right, the changes in the Criminal Justice System that have taken place after the Delhi Gang Rape Case in 2012

1. A CRITICAL STUDY OF THE INDIAN LEGAL
SCENARIO WITH SPECIFIC REFERENCE TO JUSTICE
FROM THE VICTIMS’ PERSPECTIVE
Subject: Victimology
Under the Guidance of:
Prof. Dr. Nirmal Kumar Chakrabarti
Director, KIIT School of Law
Presented By:
Sourav Banerjee (Roll: 1785012)
LLM Batch 2017-18, KIIT School of Law

2. WHO IS A VICTIM?
Sec. 2(wa) of CrPC: 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

3. VICTIM: A NEGLECTED SIDE IN THE CRIMINAL
JUSTICE SYSTEM
• It is well documented that Criminal Justice System worldwide had a complete tilt in favor
of the accused; hence pre and post trial rights have been recognized for them.
• In Indian Adversarial Criminal Justice System, where the victim has barely any role to play
except to appear as a witness during the trail.
• The victims who put the law in motion are usually the forgotten people in the criminal
justice delivery system.
• Victims are neither participants in the proceeding launched against the offenders nor a
guiding element in any stage of the prosecution.
• Justifications given for ignorance of victims: (A) the CJS is responsible for restoring justice
by giving right to victims, individulas will take law in their hand and (B) Intervention of
victims in prosecution shall create a retributive approach.
• In Rattan Singh v. State of Punjab, ((1979) 4 SCC 719), Krishna Iyer J. held that victims of
crime are not paid interest by CJS and compensation of Victims shall is totally forgotten.

4. ROLE OF VICTIMS IN THE
INVESTIGATION PROCESS
• Confined to lodging of complaint or First Information Report
(FIR) and to tender evidence when called by prosecution.
• Victim is not even a party to the proceeding except in cases
where the private complaint u/s 190(1)(a) CrPC is lodged
before a magistrate.
• After the case of Bhagwant Singh v. Commissioner of Police
(AIR 1965 SC 1452), on magistrate's opinion to dismiss any
case victim can present the case.

5. VICTIMS AND PROSECUTION
• Private Advocate may assist public prosecutor on behalf of victim
during trial but such Advocate merely becomes a junior with no
independent power.
• Section 439(2) of the Cr.P.C, may allow a victim to move to the
Court for cancellation of bail, but the action thereon depends very
much on the stand taken by the prosecution. However, as Private
Complainant victim may prosecute.
• Plea Bargaining u/s 265A-265L of Cr.PC is a welcome step in
direction of victim-oriented approach to criminal prosecution.

6. THE MALIMATH COMMITTEE IN ITS
REPORT ON ‘‘VICTIMS OF A CRIME’’
• The committee recommended Victim's right to participate in criminal proceeding and
the right to compensation for injuries suffered.
• Victim be furnished with information at the investigation and trial stages and
facilitating victim’s active participation in judicial process.
• Victim provided with monetary relief and compensation as well as other facilities
like medical and legal aid, counseling and rehabilitation.
• Legal representatives of deceased victim shall join as party to the trial when
punishment of offence committed requires minmum of 7 years.
• Voluntary organization on prior consent of government & court can represent victim
in trial.
• State shall appoint Advocate for victim during trial, if victim cannot afford the same.

7. JUSTICE VERMA COMMITTEE REPORT
• Set up in December 23, 2012 after the Nirbhaya Case panelled by J. J.S. Verma
(Former SC Chief-Justice) and J. Leila Seth and Gopal Subramanium, submitted
report in January 23, 2013, suggesting major Criminal Law amendments that got
implemented via the Criminal Law (Amendment) Act, 2013.
• Rape -S. 375/IPC (Defination broadened-ambit of penetration expanded 376A-E
& punishment increased.
• Sexual Assault -S.354/IPC (maximum punishment increased from 2 years to 5
years along with fine)-anything but not rape.
• Verbal Sexual Assault-S.509/IPC (maximum punishment increased from 1 years
to 3 years along with fine)
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 based on Vishaka guidelines.
• Acid Attack-S.326B was introduced-should not be linked with S. 326.

8. • Offences Against Women in Conflict Areas-Requirement of sanction from
central government removed against prosecuting armed personnel for sexual
offences with special reference to AFSPA.
• Trafficking -S.370&370A introduced- Maximum Punishment extended to
7-10 years. Forced labour, organ removal also included apart from
prostituton.
• Child Sexual Abuse-POCSO Act, 2012 (gender neutral-not restricted to
penile:vaginal penetratration-pornography).
• Punishment for Crimes Against Women- Recommended life
imprisonment over death penalty, as the latter is not a substantial detterence.
• Medical Examination of Rape Victim: Discontinuation of two-finger test
for testing laxity of vaginal muscles and previous sexual experience of the
victim should not be relied upon for determining the consent or quality of
consent given by the victim.

9. DEFECTS IN THE ADVERSARIAL MODEL
•Accused Oriented System.
•Trial Process is a time and cost consuming
phenomenon.
•Nepotism between judge and counsel.
•Arguments by counsel are not truth finding but of
ego satisfaction oriented.
•Investigation done by police on basis of the socio-
economic status of accused.

10. SUGGESTIONS & RECOMMENDATIONS
RESTORATIVE JUSTICE:
•It revolves around the idea that a crime or serious bad act affects the
victims, offenders, and interested bystanders (such as family members,
employees, or citizens), and the larger community in which it is embedded.
•In responding to a crime our primary concern should be to make offenders
aware of the harm they have caused, to get them to understand and meet
their liability to repair such harm, and to ensure that further offences are
prevented.
•That efforts should be made to improve the relationship between the
offender and the victim and to reintegrate the offender into the law abiding
community