Dr. K. Gowri, Assistant Professor, Government Law College, Tiruchirappalli
Dr. J. Devi, Assistant Professor, Government Law College, Chengalpattu
ABSTRACT
The conceptual framework of victim rights has nothing to do with the law of the land in the pre-constitutional era. Following the implementation of fundamental rights, the Criminal Justice System underwent a substantial transformation to acknowledge victim rights. The victim is nearly forgotten once the crime occurred, but the case is registered as soon as he files a complaint with the police. The victim has no recourse to appeal the lower court’s decision, even if the accused is found not guilty or the punishment is deemed insufficient. Nevertheless, the statutory measures are insufficient to protect the victim’s rights. The recent amendments made in the three major criminal laws ensure the rights of victims to some extent. The aim of this paper is to see how the victims of crime are to be treated at par with the accused person by the criminal justice system with regard to the right of access to justice. This research paper will incidentally explain about the victim rights in detail by analysing the legislations in India and elaborately dealing with the difference between the victim and complainant. The researcher also covers the efforts made and suggests remedial measures towards ensuring an effective framework of rights for victims.
Keywords: Victim of the crime, FIR, Right of representation, Right to oppose bail, Right to appeal, Legislative safeguards.
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