The document discusses the rights of victims and accused in cases of rape in India. It notes that rape results in transactional, social, and psychological costs for victims and undoing victimization is impossible. It outlines key sections of Indian law related to rape and victims' rights, including sections 375 and 376 of the Indian Penal Code and amendments made in 2013 and 2018. It also discusses the rights afforded to accused individuals under the Indian Constitution and Criminal Law to a fair trial and presumption of innocence. Finally, it lists some rights granted to victims under the Criminal Procedure Code and the Declaration of Basic Principles of Justice for Victims of Crime, including the right to legal assistance, compensation, and a fair trial process.

1. By Amulya Nigam (Assistant Professor,
Banasthali Vidyapith)

2.  Rape= transaction cost + social cost +
psychological cost
 Offence of rape leads a victim to numerous
number of intersections which winds her up
and makes her to lead a life filled with the
bitterness of gender inequality
 Undo Victimization=Impossible
At least help for victims should include the
promise that they will not be violated again,
but pledge is equally impossible.

7.  Section 375 and 376 IPC
 Criminal law amendment act 2013
 Criminal law amendment ordinance 2018

11. Rights of Accused
 Constitution of India
Article 14 Right to equality
Article 20 Right against double jeopardy,
Right against self incrimination
Article 21 Right to life and personal liberty
Article 22 Preventive Detention
 Criminal Law
"it is better that ten guilty persons escape than that one
innocent suffer”
Section 50(1) Right To Know The Grounds of Arrest

12. Right to have Bail
Presumption of innocence
Section 56,76 Right to be taken to the magistrate
within 24 hours
Section 50(3) Right to consult legal practitioner
Section 54 Right to be examined by medical officer
Section 273 Right to be present during trial
Right to appeal
Section 303 Right to be defended
Section 243 right to present evidence
Section 227 Right to be discharged when no
sufficient ground available
Section 57 Right against wrongful arrest
Right to humane treatment in prison

13.  Section 24(8) CrPC- Victim Can engage Advocate to support
and help the Prosecution
 section 157 CrPC- Statement of the Victim to be done in a
safe place or a place of her choice and by a women police
officer
 Section 161 CrPC- Use of audio/video for statement
 Section 164 CrPC- Use of audio/video for
confession/statement
 Section 327 CrPC- In camera trial and identity protection
 Section 357 A CrPC- Victim Compensation scheme
 Section 372 CrPC-Right of victim to appeal against the
verdict of trial court

14. Declaration of Basic Principles of Justice for
Victims of Crime
 a) Access to justice and fair treatment
 b) Restitution
 c) Compensation
 d) Assistance