Question:- What are the rights of victim of crime?
or
Describe the various victim rights.
Answer:-
The criminologists were concerned with crime and criminals only but now the attention is also being paid on the victims who sustain injuries or death due to offence committed by another. As a scientific study of the victims position, there has developed a new branch of knowledge known as ‘Victimology’.
In this branch of knowledge, on the one hand, where the criminal victim relation is the subject-matter of study, on the other hand, the study is also concerned with the administration of criminal justice, the police and prosecution, the judicial system, the rehabilitation of victim, the empowerment of victim through education, employment and providing the opportunities for socialisation etc. It is also aimed to study the exploitation of victims through various means and the attempts to degrade them through misuse of social, administration and legal mechanism. Victimology is also concerned with various rights of victims which are as follows:
(1) Setting the law in motion
(2) Right to know where investigation not to be done
(3) Right to apply for cancellation of bail of the accused
(4) Consultation of the victim in case of withdrawl from the prosecution
(5) Right to engage the lawyer
(6) Rights of victim of custodial offence
(7) Legal aid
(8) Right to compensation and restitution
(9) Right to be protected and rehabilitated
(10) Right to social integration
(1) Setting the law in motion
The victim sets the law in motion by filing an F.I.R. under Section 154 of Cr.P.C. or by filing a complaint before the Magistrate under Section 200 of Cr.P.C. A copy of the information is given free of cost to the informant. If an Officer-in-charge of the Police Station refused to record the information, the person aggrieved by such refusal may send the substance of such information in writing by post to the Superintendent of Police concerned.
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(2) Right to know where investigation not to be done
In case of information of a cognizable offence against any person by name if the case is not of a serious nature, the officer-in-charge of Police Station need not proceed in person or depute a subordinate officer to make an investigation on the spot. If it appears to the officer-in-charge of Police Station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. In both the case, the officer-in-charge of Police Station shall state in his report to the Magistrate the reasons for it and in the latter case, he shall also forthwith notify to the informant the facts of not investigating the case. [Proviso to Section 157 (1) of Cr.P.C. and Section 157 (2)].
(3) Right to apply for cancellation of bail of the accused
If the accused has been directed to be released on bail, the aggrieved party or the complainant may apply for cancellation of bail (Jogendra Narain v. Ganga Prasad, A.I.R. 1954 Pat. 150).
(4) Consultation of the victim in case of withdrawl from the prosecution
Under Section 321 of Cr.P.C., the Public Prosecutor or Assistant Public Prosecutor in-charge of a case may, with the consent of the Court, withdraw from the prosecution of any person either generally or in respect of anyone or more of the offences in respect of which he is tried. It is necessary that the complaint on whose complaint the prosecution started must be consulted to hear his grievance. In S. A. Karim v. State of Karnataka, (2000) 8 SCC 710 the Supreme Court on the opposition of father of the deceased police man set aside the order of withdrawl of prosecution.
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(5) Right to engage the lawyer
Under Section 301(2), a private person which includes a victim also is entitled to instruct a pleader as prosecutor in any Court. If it is so, the Public Prosecutor or Assistant Public Prosecutor in-charge of the case shall conduct the prosection and the pleader instructed by a private person shall act under the direction of Public Prosecutor or Assistant Public Prosecutor and, may, with the permission of the Court submit written arguments after the closure of the case.
(6) Rights of victim of custodial offence
The victims of offences committed during the custody of Police need special attention under Sections 41-A to 41-D of Cr.P.C., the provisions have been made for their protection.
(7) Legal Aid
Under Section 12 of the Legal Services Authority Act, 1987, every person who has to file or defend a case is entitled to legal Services under this Act on fulfilling certain criteria.
(8) Right to compensation and restitution
The compensation to the victim for the loss and damage done to him by the offenders the idea behind is to restore the victim as far as possible in the portion in which he was before the offence was committed against him. He also needs restoration of other rights of which he has been deprived of. Liberty, residence, family, citizenship, property, employment etc. are included in the restitution. The provision has been made for payment of compensation from the fine imposed by the Court under Sections 357 of Cr.P.C., to the victim of crime for any loss or injury caused by the offence when compensation in the opinion of the Court is reasonable by such person in a civil court. Under Section 357-A, Victim Compensation Scheme has been provided. The quantum of compensation to be awarded shall be decided by the District Legal Services Authority or the State Legal Services Authority on the recommendation of the Court for compensation.
Under Section 358, the provision has been made for compensation to the person groundlessly arrested. Under Section 359, in case of a complaint of a non-cognizable offence, the Court on conviction of the accused in addition to the penalty imposed on him may also order the payment of cost incurred by the complainant and in default of payment, order the simple imprisonment to be suffered by the accused not exceeding thirty days.
(9) Right to be protected and rehabilitated
The victim is provided protection by the community for leading, the normal life and for giving him moral strength to rehabilitate. The victim may also be provided vocational training for rehabilitation. Various governmental and non-governmental agencies help the victim. The victim has every right to seek the support for his protection and rehabilitation.
(10) Right to be socially integrated in some cases
Social integration of the victim is necessary is some cases e.g. victims of sexual assault. It is the moral right of the victims and a societal responsibility not to be looked down the victim of sexual assault but to be socially integrated so that she or he may lead a normal human life.