VICTIM’S RIGHT AND VICTIMOLOGY UNDER INDIAN CRIMINAL JUSTICE SYSTEM: AN ANALYTICAL STUDY

Abstract

From a very long past, criminals are the centre of concern for justice administration system, victims are merely considered as an eye witness of the incident and they are generally entitled to the social sympathy. With the passage of time and due to recurring incidents of brutality, death threat or death of crime victims it becomes very prominent to think about the psychological, physical as well as social order of a crime victim. To study the hurdles and threats faced by a victim as well as to identify the real necessities for the rehabilitation as well as resettlement of a crime victim in the social life as well as private life, it is important to analyse the real scenario from the insights of a victim. To accomplish the objective of study over the victim, the field of victimology is developed since 1947.

Some of the past research studies over the victim rights suggests that the criminal justice system in India has taken very reformative steps to ensure the enforcement of victims’ rights and to prevent the any kind of harassment of victim during the trail procedure, victim compensation scheme as well as medical assistance to victim etc. are some of the rights incorporated through the amendments of Indian Criminal Law in 2013 and 2018. But some other past studies also disclose the real-time drawbacks and loopholes in the law. They also disclose how the laws legislated by the legislatures are mere a piece of paper without its proper implementation and execution. In recent past, the cold-blooded gang rape and murder case in Delhi which is popularly known as Nirbhaya case as well as Unnao Gang Rape case where the victim was burnt alive by the prime accused were the highlighted incidents which insisted the legislature Executive as well as Judiciary to think about the condition of victim and protection of their rights. These incidents also insisted the academicians to suggest reformative actions through their research work. In this research study I used primary as well as secondary source of data collection to identify and analyse the real scenario of Criminal Justice System in India with specific reference to victims’ rights.

During this entire research I emphasised upon study of crime victim’s rights available under various criminal statutes in India. the prime concern of my study is confined to ascertain the remedial measures and other assistance available to the crime victim under Indian criminal law, apart from as a witness in the case. This study also attempts to highlight the social pressure created by the society against a crime victim as well as how and why the corruption is a prime factor in the incidents of harassment against victim and deprivation of their rights. This study suggests stringent reformation in the Anti-Corruption Law and Anti-money Laundering Law to restrict the utilization of unauthorised economic resources for effecting the victim of a crime. This study also suggests the ground zero implementation of laws facilitating victims’ rights and its effective reporting up-to the level of highest superior authority. This research study also analysed the various global standards adopted by India through signing and rectifying various International Conventions, Deceleration and Covenants and finds that India is making all efforts to aligned with the international standards set out for protection and promotion of rights of victim of a criminal offence.