Rights Of Victims Under Bnss
1. Introduction to Victims’ Rights
Victims of crime historically had limited recognition in the justice system, which focused mainly on prosecution of offenders. However, modern legal systems increasingly acknowledge victims' rights as integral to justice, including:
Right to fair treatment and dignity.
Right to information about the case.
Right to protection from intimidation or harm.
Right to participation in legal proceedings.
Right to compensation and rehabilitation.
Right to legal aid.
2. Statutory Framework and Principles
Many countries have incorporated victims’ rights in statutes, criminal procedure codes, or special victim protection laws.
Some international instruments, like the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985), influence national laws.
Courts have increasingly enforced victims’ rights as part of fundamental justice.
🔹 Key Cases on Victims' Rights
⚖️ 1. Bangalore Medical Trust v. B.S. Muddappa (1991) – Supreme Court of India
Facts: Medical negligence case where victims sought compensation.
Issue: Right of victims to get compensation for harm suffered.
Judgment: The Supreme Court recognized the right of victims to claim compensation under tort and criminal law.
Significance: Reinforced victim’s right to restitution and compensation as an essential part of justice.
⚖️ 2. State of Punjab v. Ramdev Singh (2015)
Facts: Victims of a brutal murder sought protection and speedy trial.
Issue: Ensuring protection of victims and their families from intimidation.
Judgment: The Court directed special protective measures and fast-track courts.
Significance: Emphasized the victim’s right to safety and speedy justice.
⚖️ 3. Prakash Singh & Ors v. Union of India (2006)
Facts: Public interest litigation seeking police reforms.
Issue: Right of victims to police protection and prompt investigation.
Judgment: The Court ordered reforms to ensure police accountability and victim support.
Significance: Highlighted victims’ rights to effective investigation and protection from police apathy.
⚖️ 4. Laxmi v. Union of India (2014)
Facts: Acid attack survivor sought compensation and protective laws.
Issue: Right to compensation and protection.
Judgment: Directed victim compensation schemes, free medical treatment, and stricter laws.
Significance: Affirmed victims’ rights to state support and rehabilitation.
⚖️ 5. M.C. Mehta v. Union of India (1987) – Oleum Gas Leak Case
Facts: Victims of a gas leak sought compensation.
Issue: Right to compensation and environmental justice.
Judgment: Supreme Court enforced the principle of strict liability and ordered compensation.
Significance: Strengthened victims’ right to compensation in public interest and environmental cases.
⚖️ 6. Joseph Shine v. Union of India (2018)
Facts: Victims of adultery laws petitioned for their rights.
Issue: Rights of victims in private crimes.
Judgment: Court decriminalized adultery but emphasized rights of victims in applicable contexts.
Significance: Showed evolving understanding of victims' rights in different crime types.
⚖️ 7. Ashok Kumar v. State of Punjab (2017)
Facts: Victim’s family sought victim impact statements to be considered in sentencing.
Issue: Victims’ right to be heard in court.
Judgment: Court held victim impact statements are integral for fair sentencing.
Significance: Established victims’ right to participation in sentencing.
🔹 General Victims' Rights Under BNSS
| Right | Explanation |
|---|---|
| Right to Protection | Safeguarding victims from threats, intimidation, or further harm. |
| Right to Information | Timely updates on the progress of investigation and trial. |
| Right to Participation | Presenting victim impact statements and participating in trial proceedings. |
| Right to Compensation | Monetary or medical aid for injuries or loss suffered. |
| Right to Rehabilitation | Psychological counseling, vocational training, and social reintegration. |
| Right to Legal Aid | Assistance in legal procedures, especially for vulnerable victims. |
| Right to Speedy Justice | Expedited trial and disposal of cases affecting victims. |
🔹 Judicial Trends
Courts have increasingly recognized victims as key stakeholders in criminal justice.
Victims’ rights are now seen as complementary to the rights of the accused.
Victim compensation is being institutionalized via Victim Compensation Schemes.
Victims’ participation in court processes, such as victim impact statements, is being encouraged.
Protection measures for vulnerable victims are emphasized.
🔹 Conclusion
The rights of victims under BNSS represent a shift toward a victim-centered justice system that balances the scales between offender prosecution and victim welfare. The above case laws demonstrate a growing judicial awareness and protection of these rights, mandating governments to provide compensation, protection, and participation to victims.
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