Assessing Victimological Paradigm Shifts In India’s New Criminal Jurisprudence
- IJLLR Journal
- Feb 11
- 1 min read
Asim Mujtaba Dar, LL.M Scholar, Department of Law, School of Legal Studies, Central University of Kashmir.
Rahil Amin Mir, LL.M Scholar, Department of Law, School of Legal Studies, Central University of Kashmir.
ABSTRACT
The earlier criminal justice system was based on the principle “it is better to free ten guilty men than convicting one innocent man” and the guilt was to be proven “beyond the reasonable doubt “that sometimes could favor the accused. However, by the rulings of Hon’ble Supreme Court, we have seen that certain additional rights were incorporated in favor of victims in various judgements but with the introduction of new criminal laws these rights have been introduced and has kept the victim, accused, witnesses at par because the new criminal laws are based on the concept of Nyaya. As we follow adversarial system of justice so the participation of victims were restricted that lead to injustice to them as they could not narrate their part before the court in a proper way now the new criminal laws have affirmed their participation from the investigation till the final appeals so that “justice will not only be done but also seen to be done “so as to shift the criminal justice system from victimology to actual victim justice by encouraging their participation, access to every information, and other ancillary rights. This article will critically examine the brief evolution of Rights of victims from the past to present and simultaneously anticipate the future of the same.
Keywords: Victim, BNS, BNSS, BSA, Justice, Victim-centric, Compensation.
