Definition of Victim, Victim-Precipitation, Victim –Blaming, Victim Support and Victim Rights.

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the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) defines victims as:

“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.”

Victim-Precipitation:

Victim-precipitation is a controversial theory in victimology that suggests that the characteristics or actions of the victim may, directly or indirectly, contribute to or provoke the criminal event. The theory posits that the victim is not always a passive recipient of harm but can play an active role in the unfolding of a crime.

It is often broken down into two concepts:

  • Victim Facilitation: The victim unintentionally makes it easier for the offender to commit the crime (e.g., leaving a door unlocked).
  • Victim Provocation: The victim’s actions are a direct trigger for the offense (e.g., initiating a physical altercation).

heavily criticized, particularly by feminist and critical victimologists, for potentially shifting blame away from the offender and onto the victim.

Victim-Blaming:

Victim-blaming occurs when the victim of a crime or any wrongful act is held entirely or partially responsible for the harm that befell them. Instead of focusing on the actions of the perpetrator, victim-blaming scrutinizes the behavior, attire, choices, or characteristics of the victim as a cause or contributing factor to their victimization.

Examples of victim-blaming statements include:

  • “She shouldn’t have been walking alone so late at night.”
  • “He was asking for it by flashing his money around.”

Victim Rights:

Victim rights are legal entitlements afforded to individuals who have been victimized by crime. These rights are designed to ensure that victims are treated with fairness, dignity, and respect throughout the criminal justice process and that their needs and interests are acknowledged and addressed.

Victim Rights: General Principles in the Indian Context

For a long time, the Indian criminal justice system was primarily offender-centric. However, a significant shift towards recognizing and protecting the rights of victims has occurred over the past few decades, driven by legislative amendments, judicial activism, and recommendations from law commissions. The core idea is that victims are not mere spectators in the criminal justice process but are key stakeholders who have suffered harm and deserve justice, support, and an active voice.

Victim Rights under the Code of Criminal Procedure (CrPC), 1973

While the CrPC originally had limited express provisions for victims, several amendments, particularly the Code of Criminal Procedure (Amendment) Act, 2008 (which came into effect in 2009), significantly bolstered victim rights.

Key provisions and rights under the CrPC include:

  1. Definition of Victim: Section 2(wa) of the CrPC (inserted by the 2009 amendment) defines a “victim” as “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.” This definition is crucial as it formally recognizes the victim and provides a basis for asserting rights.
  2. Right to Compensation:
    • Section 357: Empowers courts to order the accused to pay compensation to the victim out of the fine imposed. This compensation can be for losses or injuries suffered due to the crime.
    • Section 357A (Victim Compensation Scheme): This was a landmark addition in 2009. It mandates every State Government, in coordination with the Central Government, to prepare a scheme for providing funds for the purpose of compensation to the1 victim or their dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.2 This is particularly important when the offender is not identified or is acquitted, or when the compensation ordered under Section 357 is inadequate.
    • Section 357B: Makes compensation payable by the State Government under Section 357A in addition to the payment of fine to the victim under Section 326A, 376AB, 376D, 376DA, or 376DB of the Indian Penal Code (IPC) (related to acid attacks and rape).
    • Section 357C: Mandates that all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately provide3 free first-aid or medical treatment to victims of any offence covered under section 326A, 376, 376A, 376B, 376C, 376D or 376E of the Indian Penal Code, and shall immediately inform the police of such incident.4
  3. Right to Appeal: The proviso to Section 372 of the CrPC (also inserted in 2009) grants the victim the right to file an appeal against any order passed by the court acquitting the accused, or convicting for a lesser offence, or imposing inadequate compensation.5 This was a significant step in empowering victims, as previously, the right to appeal against acquittal was primarily vested with the State.
  4. Right to Participate/Be Heard (Implicit and through Judicial Interpretation):
    • While the CrPC doesn’t explicitly grant a comprehensive right to victims to participate throughout the trial in the same way as the accused, courts have increasingly recognized their legitimate interest.
    • Victims can engage their own lawyers to assist the prosecution, though the prosecution remains under the control of the Public Prosecutor.
    • The concept of a Victim Impact Statement (VIS), where the victim can articulate the impact of the crime on them, has been gaining traction through judicial pronouncements and is considered by courts at the time of sentencing.
  5. Right to Protection: While not a specific chapter, provisions related to witness protection and ensuring a safe environment for victims, especially in cases of sexual offenses, are interpreted and applied.

Victim Rights under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The BNSS aims to consolidate and further expand victim rights, codifying many practices that had evolved through judicial pronouncements and addressing some of the previous system’s gaps. It strives to place victims at the center of the criminal justice process.

Key highlights and enhancements in the BNSS concerning victim rights include:

  1. Retained and Strengthened Definition of Victim: The definition of “victim” is largely retained (Section 2(zg) in BNSS).
  2. Enhanced Right to Information:
    • The BNSS emphasizes the victim’s right to receive information about the progress of the investigation and the case.
    • Section 173(9) of BNSS (corresponding to Section 157 CrPC regarding FIR): Mandates that a copy of the First Information Report (FIR) be supplied free of cost to the informant, which often includes the victim.
    • Section 193(3) of BNSS (corresponding to Section 173 CrPC regarding police report): Entitles the victim to receive a copy of the police report and other related documents free of cost from the police. This is a significant step towards transparency.
    • The BNSS includes provisions for informing the victim about the arrest of the accused, bail applications, and the progress of the investigation, including through digital means.
  3. Strengthened Right to be Heard and Participate:
    • The BNSS explicitly incorporates the victim’s right to be heard at various stages, including bail hearings for certain serious offenses.
    • Proviso to Section 482 of BNSS (corresponding to Section 439 CrPC regarding bail): In cases of offences punishable with death, imprisonment for life, or imprisonment for seven years or more, it mandates that the court shall provide an opportunity of hearing to the informant or any person authorized by them before deciding on a bail application.
    • It formalizes the submission and consideration of Victim Impact Statements.
  4. Comprehensive Victim Compensation:
    • The provisions for victim compensation schemes (Section 395 of BNSS, corresponding to Section 357A CrPC) are retained and reinforced.
    • The BNSS aims for more timely and effective disbursal of compensation.
  5. Witness Protection: The BNSS includes more explicit provisions for witness protection (Chapter XXXV, Sections 398-399), which directly benefits victims who are often key witnesses. It mandates the State Government to notify a Witness Protection Scheme.
  6. Zero FIR: While a concept developed through judicial pronouncements and police manuals, the BNSS gives statutory backing (Section 173(1) of BNSS) to the registration of a “Zero FIR” (an FIR that can be filed in any police station, regardless of jurisdiction, which then transfers it to the appropriate police station), facilitating easier access for victims.
  7. Medical Examination of Victims (especially in sexual offenses): The BNSS retains and refines provisions for the timely medical examination of victims of sexual offenses (e.g., Section 184 of BNSS, corresponding to Section 164A CrPC), ensuring sensitivity and adherence to procedures.
  8. Trial in Absence of Accused: Section 356 of BNSS allows for the trial to proceed and judgment to be pronounced in the absence of a proclaimed offender, which can bring some closure to victims even if the accused has absconded.

Various Court Judgments Shaping Victim Rights in India

The judiciary in India, particularly the Supreme Court and various High Courts, has played a pivotal role in expanding and safeguarding the rights of victims. Some landmark pronouncements include:

  1. Jagjeet Singh & Ors. vs. Ashish Mishra @ Monu & Anr. (2022): The Supreme Court reiterated and strongly emphasized the victim’s right to be heard at every stage from investigation to appeal. It held that victims have a “defeasible right” to be heard in bail applications of the accused. The Court underscored that victims are not to be treated as “bystanders” or “mere cogs in the wheel” but as active participants whose voices matter.
  2. Mallikarjun Kodagali (Dead) represented by LRs vs. State of Karnataka & Ors. (2018): The Supreme Court unequivocally upheld the victim’s statutory right to appeal against an order of acquittal under the proviso to Section 372 of the CrPC. It clarified that this right is absolute and does not require leave to appeal, unlike appeals filed by the State.
  3. Rudul Sah vs. State of Bihar (1983): This was an early case where the Supreme Court awarded monetary compensation for the violation of fundamental rights, laying the groundwork for compensatory jurisprudence in India, which has since benefited victims of crime and state abuse.
  4. Delhi Domestic Working Women’s Forum vs. Union of India (1995): The Supreme Court issued guidelines for the protection and rehabilitation of victims of sexual assault, emphasizing the need for legal aid, counseling, and compensation.
  5. Laxmi vs. Union of India (2014 and subsequent orders): In this public interest litigation concerning acid attack victims, the Supreme Court issued a series of directives regarding the regulation of acid sales, compensation for victims, their medical treatment, rehabilitation, and the responsibilities of state governments. This case significantly advanced the rights and welfare of acid attack survivors.
  6. Nipun Saxena vs. Union of India (2019): The Supreme Court issued comprehensive guidelines regarding the disclosure of the identity of victims of sexual offenses, particularly child victims, emphasizing their right to privacy and dignity. It also stressed the timely payment of compensation.
  7. State of Gujarat vs. Hon’ble High Court of Gujarat (1998): The Supreme Court dealt with the issue of utilizing prison labor for compensating victims of crime, highlighting the need for restorative justice principles.
  8. Bodhisattwa Gautam vs. Subhra Chakraborty (1996): The Supreme Court recognized the right to interim compensation for rape victims, even before the conclusion of the trial, acknowledging the immediate need for relief.

These judgments, among others, have progressively interpreted constitutional provisions (like Articles 14, 21) and statutory law to ensure that victims are not forgotten and that their rights to justice, dignity, compensation, and participation are actively protected. The BNSS attempts to codify many of these judicially evolved rights, marking a formal shift towards a more victim-centric criminal justice system in India.

Okay, here’s an expansion on Victim Rights with special reference to India’s Code of Criminal Procedure (CrPC), the new Bharatiya Nagarik Suraksha Sanhita (BNSS) which is set to replace the CrPC, and various court judgments:

Victim Rights in India: Legal Framework and Judicial Reinforcement

The concept of “Victim Rights” in India has seen significant evolution, moving from a peripheral concern to a more central theme in the criminal justice system. This shift has been propelled by legislative amendments, new enactments, and proactive judicial pronouncements aimed at ensuring justice, dignity, and support for those who have suffered harm.

Core Definition of “Victim”:

  • Code of Criminal Procedure, 1973 (CrPC): Section 2(wa) (inserted by the 2008 amendment) defines a “victim” as “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.”
  • Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 2(y) retains a similar definition: “‘victim’ means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim.”6

This definition is crucial as it forms the basis for conferring various rights and entitlements.

Key Victim Rights under CrPC and BNSS:

While the BNSS aims to consolidate and enhance victim-centric provisions, many foundational rights were introduced into the CrPC through amendments, particularly in 2008. The BNSS largely carries forward and, in some aspects, strengthens these rights.

  1. Right to Participate in the Prosecution:
    • CrPC (Section 24(8) proviso): Allows the victim to engage an advocate of their choice to assist the prosecution. This advocate can submit written arguments after the evidence is closed and, with the court’s permission, can also make oral arguments.
    • BNSS (Section 18(8) proviso): Retains this provision, allowing victims to have a voice through their chosen legal representative during the trial.
  2. Right to Information:
    • CrPC: While not explicitly consolidated in one section, victims have the right to receive a copy of the First Information Report (FIR) (Section 154 CrPC). The police are also duty-bound to inform the victim about the progress of the investigation.
    • BNSS (e.g., Section 173 on Zero FIR, Section 193(3)(ii)): The BNSS emphasizes timely information. For instance, Section 193(3)(ii) mandates that a police officer shall, within 90 days, inform the informant or victim about the progress of the investigation. The introduction and formalization of concepts like ‘Zero FIR’ (Section 173 BNSS) also aid victims by allowing FIR registration irrespective of jurisdiction, with subsequent transfer to the appropriate police station.
  3. Right to be Heard:
    • CrPC & Judicial Pronouncements: The judiciary has progressively recognized the victim’s right to be heard at various stages, including bail hearings and when a case is considered for withdrawal of prosecution (Section 321 CrPC, interpreted by courts to include hearing the victim).
    • BNSS (Section 360): This section specifically provides that the victim shall be heard before the withdrawal of criminal cases against the accused. This is a significant statutory recognition enhancing victim participation in crucial decisions.
  4. Right to Compensation and Restitution:
    • CrPC (Section 357): Empowers courts to order the accused to pay compensation to the victim for loss or injury, even if a fine is not part of the sentence.
    • CrPC (Section 357A – Victim Compensation Scheme): Inserted in 2008, this was a landmark provision. It mandates every State Government, in coordination with the Central Government, to prepare a scheme for providing funds for7 compensation to victims or their dependents who have suffered loss or injury and require rehabilitation. This applies even if the offender is not traced or identified, or when the trial ends in acquittal or discharge and the victim needs rehabilitation. The District or State Legal Services Authority determines the quantum of compensation.
    • CrPC (Section 357B): Stipulates that compensation payable by the State Government under Section 357A is in addition to the payment of any fine to the victim under Section 326A or Section 376D of the Indian Penal Code (now corresponding sections in Bharatiya Nyaya Sanhita).
    • CrPC (Section 357C): Makes it mandatory for all hospitals (public or private) to provide free first-aid or medical treatment to victims of acid attacks or rape and to immediately inform the police.
    • BNSS (Section 395): Corresponds to Section 357 CrPC, allowing courts to order compensation.
    • BNSS (Section 396 – Victim Compensation Scheme): Carries forward the mandate of Section 357A CrPC, emphasizing the State’s role in providing compensation and rehabilitation. It specifies that the District or State Legal Services Authority shall decide the quantum and complete the inquiry for compensation within two months.
    • BNSS (Section 397 – Treatment of Victims): Corresponds to Section 357C CrPC, mandating free medical treatment for victims of specified offences (like acid attacks, rape etc., as defined in the Bharatiya Nyaya Sanhita, 2023) by all hospitals and requiring them to inform the police.
  5. Right to Appeal:
    • CrPC (Section 372 proviso): This was a highly significant amendment (2008) granting the victim a statutory right to appeal against:
      • An order of acquittal passed by the court.
      • A conviction for a lesser offence.
      • Imposition of inadequate compensation. The appeal lies to the court to which an appeal ordinarily lies against the order of conviction of such court.
    • BNSS (Section 413 proviso): Retains this crucial right of appeal for the victim on the same grounds. A notable clarification highlighted by courts (e.g., Vikram Manshani v. Praveen Sharma by Rajasthan HC regarding BNSS) is that a victim is not required to file an application for leave to file such an appeal.
  6. Right to Protection:
    • While not a single consolidated right, provisions related to in-camera trials for certain offences (e.g., rape, under Section 327 CrPC, with similar provisions expected under BNSS), protection of the victim’s identity, and protection from intimidation are facets of this right. The BNSS also shows an increased focus on witness protection, which indirectly benefits victims who may also be witnesses.

Key Court Judgments Reinforcing Victim Rights:

The Indian judiciary, particularly the Supreme Court and various High Courts, has played a pivotal role in interpreting and8 expanding the scope of victim rights:

  • UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985: Though not binding, Indian courts have often referred to this declaration to underscore the importance of victim rights.
  • Rattan Singh v. State of Punjab (1979): Early on, the Supreme Court lamented the “cry of the victim” often going unheard and called for a more victim-oriented approach.
  • Delhi Domestic Working Women’s Forum v. Union of India (1995): The Supreme Court laid down guidelines for assisting rape victims, including legal representation and compensation.
  • State of Gujarat vs. Hon’ble High Court of Gujarat (1998): The Supreme Court emphasized that the plight of victims should be considered in sentencing policies and that offender rehabilitation should not overshadow victim suffering.
  • Ankush Shivaji Gaikwad v. State of Maharashtra (2013): The Supreme Court held that the power to award compensation under Section 357 CrPC is not ancillary to other sentences but is an additional power. It stressed that trial courts must consider the question of compensation in every criminal case.
  • Mallikarjun Kodagali v. State of Karnataka (2019): The Supreme Court authoritatively upheld the victim’s statutory right to appeal under the proviso to Section 372 CrPC, clarifying that this right is absolute and not contingent on obtaining leave to appeal, thus distinguishing it from the State’s right to appeal. The Court emphasized that the rights of victims need to be brought to the center stage.
  • Jagjeet Singh & Others v. Ashish Mishra @ Monu & Another (2022): The Supreme Court extensively discussed the evolution of victim jurisprudence, highlighting the victim’s right to be heard at every stage, especially in bail matters. It reiterated that victims are not mere spectators but active stakeholders in the criminal justice process. The Court emphasized that a ‘victim’ as defined under Section 2(wa) CrPC has a right to be heard at every stage from investigation to appeal/revision.
  • Cases on Victim Compensation Schemes: Numerous High Court and Supreme Court judgments have directed states to properly implement and fund Victim Compensation Schemes under Section 357A CrPC (now Section 396 BNSS) and have often enhanced compensation amounts in specific cases. The National Legal Services Authority (NALSA) has also played a crucial role in framing model compensation schemes.
  • Rudul Sah v. State of Bihar (1983): While not directly under CrPC provisions for victims of crime, this landmark case established the principle of awarding monetary compensation for violation of fundamental rights (Article 21 – Right to Life and Personal Liberty) through writ jurisdiction, paving the way for a broader understanding of state accountability towards those who suffer harm.

Shift Towards a Victim-Centric Approach in BNSS:

The BNSS, 2023, while carrying forward many existing rights, signals a more concerted effort to place the victim at the center of the criminal justice system. Key indicators include:

  • Mandatory Preliminary Inquiry in Certain Cases: For cognizable offences punishable with 3 years or more but less than 7 years, a preliminary inquiry by the police officer is mandated, and this must be intimated to the victim.
  • Information on Investigation Progress: Section 193(3)(ii) BNSS specifically provides for informing the victim of the progress of the investigation within 90 days.
  • Zero FIR (Section 173 BNSS): Enables victims to file an FIR at any police station, regardless of where the incident occurred, which is then transferred to the appropriate station. This removes a significant hurdle for victims.
  • Right to be heard before withdrawal of prosecution (Section 360 BNSS): Explicitly codifies this right.
  • Witness Protection: The BNSS includes provisions for witness protection schemes, which will invariably benefit victims who often act as key witnesses.
  • Use of Technology: The BNSS encourages the use of electronic means for communication, including informing victims, which can enhance efficiency.

Conclusion:

Victim rights in India have transitioned from a state of neglect to gaining significant legal and judicial recognition. The CrPC amendments laid a strong foundation, and the BNSS seeks to build upon this with a more explicitly victim-centric orientation. The judiciary continues to be a crucial guardian of these rights, ensuring their effective implementation and expanding their scope through progressive interpretations. However, challenges in terms of awareness, access to justice, timely compensation, and sensitive treatment of victims by the system remain areas requiring continuous attention and improvement.

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