Law Review | Journals | Books and Articles

The IUP Journal of Law Review

Criminal Justice System and Crime Victims: Need for a Legislative Overhaul in India

Article Details

Pub. Date	: April' 2023
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR040423
Author Name	: T Padma
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 09

Price

Download

Abstract

The purpose of the criminal justice system is prevention of crime, maintenance of law and order to preserve public peace, as well as protection of rights of the important stakeholders, i.e., the accused and crime victim. In India, the criminal justice system is accused-oriented. The Constitution of India guarantees certain rights to the accused under articles 20, 21, and 22. Conversely, victims of a crime are forgotten. They are considered mere witnesses in the trial. In the last few decades, many countries in the world have recognized the need to protect the rights of the crime victims. But unfortunately in India, there is no substantial improvement in the condition of victims. In 2003, Justice Malimath Committee made several recommendations concerning victims of crime. Amendments have been made to the Criminal Procedure Code in 2008 and Section 2(wa) has been inserted in the code which provides an elaborate definition of a victim. Few other sections also have been inserted by Criminal Law Amendment Acts which contain provisions relating to the victim. Nonetheless, the needs of the victims are not properly addressed and their role in the criminal justice system is nominal. This paper examines the role of crime victims in the criminal justice system and suggests measures to enhance their position.

Introduction

Crime victims are unfortunately the forgotten people in the criminal justice delivery system. The criminal justice system tends to think more about the rights of the offender than relief for the victims. The anxiety shown to highlight the rights of the offender is not shown in enforcing the law relating to compensation, which too has a social purpose to serve.1

Crime, an evil in society, is constantly increasing. Every crime produces a victim. A victim is a person who has suffered physical or emotional harm or economic loss as a result of a crime. The Criminal Justice System (CJS) punishes the offender to protect society but does not show equal concern for the victims of crime. Victims of crime who seek to achieve justice through the CJS are expected to report the crime to the concerned