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Evolving Dimensions Of Victims' Rights: A Victimological Perspective In India's Criminal Justice System





Nilisha Chatterjee, Symbiosis Law School, Hyderabad


ABSTRACT


The Indian Criminal Justice system has historically emphasized the concerns of offenders, often sidelining the perspective of victims. Notably, the term ‘victim of a Crime’ has no precise definition in Indian statutes or judicial interpretations. Despite this, a generally recognised framework is provided by Articles 1 and 2 of the United Nations General Assembly's Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985). However, in contrast, most legal discussions in India centre on offenders, from arrest to sentencing. This makes it difficult to comprehend the victim's pain and the psychological effects of the court proceedings.


Victimology as a discipline remains underexplored, with justice frequently reduced to compensating, safeguarding, or compounding the victim’s property, rather than addressing their holistic rights. Considering their contributions to the advancement of victim-centric reforms, judges and legal institutions are still not given enough credit for their importance. Protecting victims and their participation in the legal system must be improved to ensure a just system. Additionally, with the recent acceptance of victim impact statements, compensation plans, and the right to participate in trials, India's jurisprudence is shifting towards being more victim-oriented.


Keywords: Criminal Justice, Offenders, Victims, Victimology, Compensation, Human Rights.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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