Right from the inception of the judicial system it has been accepted that discovery, vindication and establishment of truth are the main purposes underlying the existence of the courts of justice. The operative principle is fair trial and justice to both, the accused and the victim of crime. Application of this principle involves a delicate judicial balancing of competing interests of the accused, the public and the victim.
In the resolution of UN General Assembly in the year 1985 four rights and status of crime victims has been recognized, which are-
- Access to justice and fair treatment;
- Restitution;
- Compensation;
- Assistance;
However, the Indian law is mainly focused about compensating the victims of crime as well as rehabilitation .The status of crime victims about access to justice and fair treatment may be properly appreciated in relation to the four different stages of criminal justice system, viz.
- Right to mobilize the criminal justice system in action by lodging FIR or complaint.
- Right and status of victim during investigation of a criminal case,
- Right and status of victim during trial and
- Right and status after judgment in criminal case.
Since last several years, some amendments have been made in the criminal laws in India giving some rights to crime victims at different stages of criminal justice system but so far as status of crime victims in criminal justice system in India is concerned, it is inadequate and requires immediate legislative attention.
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Post Contributed By:
Souradeep Rakshit
Asst. Prof. of Law
IILS, Dagapur
