What Victims’ Rights are in the Criminal Justice System?

Criminal Matters » What Victims’ Rights are in the Criminal Justice System?

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.

Restitution

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.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

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.

Also Read: Lex Solutions – Your One Stop Destination For All Things Legal

Lex Solutions

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.

CONCLUSION

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.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located.

When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.