Victim Participation In Trial Under Bnss
Background
The Bharatiya Nagarik Suraksha Sanhita (BNSS) is a part of India’s recent criminal law reforms aimed at replacing colonial-era statutes such as the CrPC. One of the major reforms in BNSS is the enhanced recognition of victims' rights—acknowledging the victim as a stakeholder in the criminal justice process, not merely a passive observer.
Traditionally, under CrPC, criminal trials were seen as a matter between the State and the Accused, with the victim playing a limited role. BNSS seeks to correct this imbalance by strengthening provisions related to victim participation, protection, representation, and compensation.
🔹 Key Provisions of BNSS Related to Victim Participation
Right to be Heard
Victims (especially in serious offences) have the right to participate in bail hearings and certain trial stages.
Representation through Advocate
Victims can now be represented by their own counsel, in addition to the public prosecutor.
Right to Information
Victims must be informed of the status of the investigation, bail, trial proceedings, and outcome.
Appeal Rights
Victims may appeal against acquittal, discharge, or inadequate sentencing—enshrined more clearly under BNSS.
Compensation and Restitution
Provision for interim and final compensation through victim compensation schemes.
Protection of Victims and Witnesses
Special provisions for ensuring safety, especially in sexual offence and organized crime cases.
🔹 Relevant Case Law Supporting Victim Participation
Now let’s go through more than five landmark cases that demonstrate the evolution of victim rights in criminal trials—paving the way for reforms like those in BNSS.
⚖️ 1. Rekha Murarka v. State of West Bengal
Citation: (2020) 2 SCC 501
Facts:
The complainant sought to personally cross-examine witnesses in a Sessions trial.
Issue:
Can a victim/complainant conduct prosecution or cross-examination independently in a Sessions Court?
Judgment:
The Supreme Court held that while victims have the right to assist prosecution and may be heard at important stages, they cannot directly conduct the trial unless permitted under Section 301 or Section 302 CrPC.
Significance:
BNSS now allows greater victim involvement through a victim’s advocate in serious offences.
Sets the stage for controlled yet active participation of victims.
⚖️ 2. Mallikarjun Kodagali v. State of Karnataka
Citation: (2018) 14 SCC 596
Facts:
Victim sought to file an appeal against acquittal, but was barred by procedural limitations.
Issue:
Does a victim have a right to appeal independently against acquittal?
Judgment:
The Supreme Court interpreted Section 372 of CrPC (post-2009 amendment) liberally, holding that a victim has an independent statutory right to appeal against acquittal, even without the State's support.
Significance:
BNSS codifies and expands this right, making victims equal parties in appeals.
Affirms the principle that justice should be accessible to victims, not only the State.
⚖️ 3. Satya Pal Singh v. State of Madhya Pradesh
Citation: (2015) 15 SCC 613
Facts:
Father of a deceased girl sought to challenge a High Court order that discharged the accused.
Issue:
Whether the father of a deceased has locus standi to file an appeal against discharge.
Judgment:
Court ruled that the father is a "victim" under Section 2(wa) CrPC, and thus has the right to appeal.
Significance:
Recognizes broader definition of "victim", including legal heirs of the deceased.
BNSS reflects this by giving explicit standing to family members of victims.
⚖️ 4. Pooja Pal v. Union of India
Citation: (2016) 3 SCC 135
Facts:
The widow of a murdered politician sought a CBI probe, alleging local police cover-up.
Issue:
Whether the victim has a right to fair investigation, including transfer to an independent agency.
Judgment:
The Supreme Court reaffirmed that victims have a right to fair and impartial investigation, and the courts must ensure this under Article 21.
Significance:
Emphasizes victim's right not just in trial but in investigation stage.
BNSS incorporates mechanisms for victim oversight of investigation, including being informed of investigation status.
⚖️ 5. Nipun Saxena v. Union of India
Citation: (2019) 2 SCC 703
Facts:
This case dealt with protection of identity of rape victims and their right to dignity.
Issue:
What are the rights of victims, especially women, during investigation and trial?
Judgment:
The Court emphasized victim’s privacy, dignity, and safety, including in-camera trials and no media disclosure.
Significance:
BNSS provisions ensure confidentiality, use of video conferencing, and safe spaces for victims.
⚖️ 6. Delhi Domestic Working Women’s Forum v. Union of India
Citation: (1995) 1 SCC 14
Facts:
Case involved multiple rape survivors who received no support or compensation.
Issue:
What is the State's duty to rape victims?
Judgment:
Supreme Court directed:
Victim support services,
Legal aid, and
Compensation for rape victims.
Significance:
Laid foundation for victim compensation schemes, now integrated into BNSS.
BNSS emphasizes State's duty to support victims financially and legally.
⚖️ 7. Rattiram v. State of Madhya Pradesh
Citation: (2012) 4 SCC 516
Facts:
Case dealt with procedural irregularities affecting victim’s access to justice.
Issue:
Whether procedural lapses undermine the victim's right to a fair trial.
Judgment:
Court held that fair trial includes fairness to victims, not just accused.
Significance:
BNSS reflects this balance by focusing on equity in trial for both accused and victim.
🔹 Key Takeaways: Victim Participation under BNSS vs CrPC
| Aspect | Under CrPC (1973) | Under BNSS (Proposed) |
|---|---|---|
| Victim’s Right to Be Heard | Limited to certain stages | Expanded to include bail, sentencing, appeal |
| Right to Representation | Only through Public Prosecutor | Victim can engage their own advocate |
| Right to Appeal | Introduced in 2009 amendment | Clearly codified and broader in BNSS |
| Right to Information | Not properly implemented | Statutorily guaranteed under BNSS |
| Compensation and Support | State schemes, court discretion | Embedded in law with structured process |
| Protection and Privacy | Judicial guidelines | Statutory rights with enforcement mechanism |
🔹 Conclusion
The evolution from CrPC to BNSS marks a paradigm shift in how the criminal justice system views victims—not as mere informants but as participants in the pursuit of justice. Judicial recognition of victim rights over the years has paved the way for BNSS reforms that:
Strengthen victim representation,
Ensure legal and emotional support,
Provide for compensation, and
Balance rights of the accused and the victim.
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