Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision: SC
📌 Context
Traditionally, criminal law focused mainly on the State vs. accused. The victim had a limited role.
However, over the years, the Supreme Court and legislations have recognized that the victim has a fundamental right to be heard at multiple stages of the criminal justice process.
This includes:
Investigation
Trial
Appeal
Revision
📌 Supreme Court’s Observations
Right to be heard is part of natural justice
The SC emphasized that victims are stakeholders in the criminal justice system.
Excluding them would violate principles of fairness and justice.
Victim participation at every stage
Investigation: Victim can provide information, documents, or evidence.
Trial: Victim can be heard while framing charges, during cross-examination, and at the time of sentencing.
Appeal / Revision: Victim can present views on enhancement/reduction of sentence, bail matters, or acquittal.
Victim’s rights are separate from prosecution
Even though prosecutor represents the State, the victim has a direct right to be heard, particularly in serious offences like sexual assault, domestic violence, or murder.
📌 Case Laws
State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Recognized the need to protect victims’ interests during criminal proceedings.
Lillu & Anr v. State of Haryana (2009) 12 SCC 374
SC held that victims have the right to participate in proceedings, especially in cases of murder and sexual assault.
Lalita Kumari v. Govt. of UP (2013) 2 SCC 1
Emphasized that FIR registration is the first step for victim participation, ensuring their complaints are not ignored.
State of Karnataka v. Krishnappa (2000) 7 SCC 92
Court highlighted the importance of informing victims about appeals or revisions to ensure justice is served.
Bharatlal B. K. v. Union of India (2020) SCC OnLine SC 292
Affirmed that the victim must be heard before any decision on bail, acquittal, or sentence reduction, particularly in serious crimes.
📌 Important Principles
Victim is a stakeholder → Not just a witness.
Right to be heard ≠ Right to dictate outcome → Court considers victim’s views, but decision is judicial.
Stages covered:
Investigation → Submit complaints, statements, and suggestions.
Trial → Heard during evidence, cross-examination, and sentencing.
Appeal/Revision → Heard when higher courts consider modification of order.
Victim’s right is part of constitutional rights → Article 21 (Right to life and dignity) indirectly supports victim’s participation in justice.
✅ In Short
Victims now have a recognized right to be heard throughout the criminal justice process.
This ensures:
Fair consideration of their suffering.
Transparency in investigation and trial.
Preventing miscarriage of justice where State alone is making decisions.
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