Kriti Mishra, LLM, National Law School of India University, Bengaluru
ABSTRACT
This paper examines the evolving role of victims in the Indian criminal justice system, highlighting the importance of victim participation for a balanced judicial process. Traditionally, India's adversarial system has marginalized victims, who often remain passive observers while the state and accused navigate the legal proceedings. However, recent legislative changes, particularly the Bhartiya Nagarik Suraksha Sanhita (BNSS), have started to address this imbalance by granting victims enhanced rights to participate, receive information, and secure compensation.
Drawing from a comparative analysis of the legal framework of India and the U.S. and U.K. systems, in this paper, the major gaps that India needs to bridge are highlighted, addressing particularly the problems of accountability of the judiciary, provision of victim support services and implementation of victim rights. Additionally, the research underscores the need for a more victim-centric approach within law enforcement, judicial proceedings, and rehabilitation services. It concludes with providing suggestions for enhancing the legislative guarantees and institutional support for the victims to promote fairness in the system.
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