| Abstrakt: |
For too long, victims of crime occupied a secondary position in the criminal justice system, and they were seen as nothing more than witnesses for the successful prosecution of the criminal. Indian criminal justice system is centripetally directed towards the concerns of the offender, his activities, his rights and his correctional needs; but the rights of the victims often take a back seat. It is only in the recent years, due to progressive international movements and legal instruments, that the plights of the victims of crime have received little attention in the criminal justice system. The first major development was made during 1985, when the declaration of "Basic Principles of Justice to Victims of Crime and Power Abuse" was adopted by the United Nations. This Declaration not only acknowledges the rights of victims globally, but it also sets the standard for the prosecution of perpetrators of violence and abuse of authority. However, the rights of victims were acknowledged by the Indian policy in 2008 through amendments made in the Code of Criminal Procedure, 1973 along with the Criminal Law (Amendment) Act, 2013 by introducing Section 357A of Cr.P.C. Introduction of Section357A revolutionised the victim compensation regime in the country and mandated each state and union territory to formulate a victim compensation scheme. The paper will briefly outline the historical development, that currently shapes the victim compensation regime within the criminal justice system. In addition, it will also unfold several judgments of the Supreme Court and High Courts of India about the need to provide care, protection, assistance and compensation to victims. The paper would then critically examine the legislative framework of victim compensation under Section 357 & 357A of Cr.P.C. and also delve into the procedure followed by different states in India in awarding compensation under the Victim Compensation Scheme (VCS). [ABSTRACT FROM AUTHOR] |
