In India, numerous innocent people are suffering beyond description. Most of the time innocent people are the victims of those sins done by others. A victim is defined as a person who individually or collectively has been hurt, suffered harm, was injured physically, mentally, or emotionally, or suffered economic loss as well as banking and finance disputes as a result of a crime. The injuries which are physical, financial, and emotional are adverse to the victim and his whole family and friends, and witnesses. That is the reason everyone should be aware of the basics of the legal system. This article talks about how many victims’ rights are there.
The victims of crime suffer a lot of hardships from the beginning at the mercy of the police officers till the victims get justice. The whole process in which victims try to get justice is long, tedious, and tormenting. In India, crime victims’ rights are mostly ignored in the criminal justice process. This is the reason why you should always choose a criminal defence attorney who is knowledgeable and has the ability to protect your victim’s rights and fight for the justice you deserve as an innocent.
According to the Indian Legal Framework, Under Section 2 (wa) of the CRPC 1973, a victim is defined as a person who has suffered any injury or loss caused because of the act or omission for which the accused person has been changed and the expression victim includes his or legal heir or her guardian.
According to the UN Declaration of Basic Principles of Justice for victims of crime and abuse of Power; the standards and norms are set as it is a necessity to set the laws for the protection of the crime victims. There are four major rights of the victims are as follows-
Access to Justice and Fair Treatment
The provision of the law states that to ensure the protection of the accused. The state will hear him out, and if the accused is found guilty, then all measures should be taken so that he should not go unpunished.
In CRPC there are many provisions, such as section 56 and section 76 that it is compulsory for the accused to be presented before the judicial magistrate within 24 hours of arrest without any delay. Whereas, in the case of victims, the rights are not well codified under the Indian Criminal Justice System. But still, some provisions grant the rights of the victims. In section 439, before granting bail to the accused, the victim has to inform at least relevant reasons that the court thinks it cannot be possible to inform him. Further, in section 439 (2), the victim can appeal against the bail that is granted to the accused. This law provision ensures that the accused cannot be eased out without the knowledge of the victim.
Section 154 of the Code, prescribes the procedure of reporting the First Information Report (FIR). According to this section, the victim can either give the information about the offence in writing or can orally give the information to the officer in charge of the police station who then converts it into writing. In this case, if the officer refuses to write the FIR then the victim can give such information to the Superintendent of Police who can further investigate the case by himself or call for his subordinate. This provision states that no one can refuse to write the FIR, it is mandatory to write the information in writing which is the first step of each case that has to be investigated.
In this right, the court has been inclined to examine the plea of victims who have suffered during violent incidents such as riots and caste clashes. The principle of this law is to anticipate the losses or damage to public and private property in certain situations where the victims have no control over it.
Compensation and Assistance
This provision of law ensures that the victim gets compensated by the accused. Section 357 of CRPC is related to compensation. However, compensation can be provided only when the accused is convicted or sentenced. The compensation is decided by the court by taking a look into both physical and financial loss caused by the accused to the victim.
As per section 357 (1), if the court orders a sentence of fine or any other sentence in which the fine is a part of the compensation, then maximum compensation will be given to the victim. Further section 357(3), can be considered liberal as it allows compensation only in those cases where a fine is not imposed on the accused i.e. the court allows compensation in those cases where a fine is not a part of the punishment given to the accused. To protect the life, liberty, or dignity of the victim the courts have ordered compensation to the victims in several cases. In 2009, under section 357A in CRPC the provision of victim compensation was introduced which mandated the state government to coordinate with the central government and prepare a scheme for the compensation of the victim. If the court feels the accused is guilty then compensation can be awarded to the victim for his rehabilitation.
Further, in General, The Victim’s Rights can be Defined as Following Classes are
- Right to be treated with self-respect
- Right to be heard
- Right to notification
- Right to information
- Right to restitution
- Right to be present
- Right to privacy
- Right to rational protection from terrorization and injury
- Right to speedy proceedings
- Right to compensation especially for crimes of violent nature.
- Right to protection against harassment and intimidation
- Right to prompt return of personal property seized as evidence
- Right to be heard at critical points in the criminal justice system such as sentencing or parole hearings.
Till now, you must have understood the importance of victims’ rights but you must be wondering when you face any legal trouble, whom to hire as your criminal lawyer. Well, you can consider Lex Solutions.
Lex Solutions is the top legal firm in Chandigarh. They are the best choice to opt for taking any kind of legal services. They are a team of experienced, and knowledgeable lawyers in Chandigarh. They provide the best professional guidelines, advice, and services to clients. Lex solutions have a Pan India presence through the networks of lawyers for effective representation to their clients in any legal proceedings across India. They are the safe and secure hands to provide the best services to their clients.
They make sure the rights of a witness in a criminal case are procured and they put their best legal representative into your case to provide you with legal solutions.
The existing legal framework for the rights of the victims reveals very little is done to address the entire problem faced by the victims of this country. Thus there is a need to look and provide fresh ideas and approaches toward the rights of the victims. We can say that positive changes have been brought to make sure that the whole process will be focused on delivering justice to the victims. The Indian Judicial System must ensure that it is important to protect the rights of the victims and protect their interests equally. To fight for the rights of the victim, law firms like LEX SOLUTIONS can help you with your legal needs by providing the best criminal lawyer.