Protection Of Victims’ Rights In The Indian Criminal Justice System: A Special Reference To West Bengal

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Pampa Karar, Research Scholar, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh

Dr. Shyamlal, Associate Professor, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, Amroha, Uttar Pradesh

ABSTRACT

For decades, the Indian Criminal Justice System was criticized for its “perpetrator-centric” approach, wherein the legal framework focused heavily on the constitutional rights of the accused while relegating the victim to the periphery as a mere witness for the prosecution. This research paper explores the fundamental paradigm shift toward Victimology in the Indian legal landscape, specifically analyzing the transition from the Code of Criminal Procedure (CrPC), 1973, to the recently implemented Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Using West Bengal as a primary case study, the article evaluates the efficacy of regional legal mechanisms designed to protect those harmed by crime. It provides a detailed socio-legal critique of the West Bengal Victim Compensation Scheme, examining its accessibility and implementation in a state that faces unique challenges, including high rates of human trafficking and crimes against women. The study further assesses the role of the State Legal Services Authority (SLSA) and the District Legal Services Authorities (DLSA) in facilitating restorative justice. By analyzing judicial precedents from the Calcutta High Court and the Supreme Court of India, the paper highlights the evolution from a “compensatory” model to a “rights-based” model for victims. The findings suggest that while the BNSS introduces progressive provisions—such as the mandatory right to information and the “Zero FIR”—systemic barriers in West Bengal, including procedural delays and low legal literacy, continue to hinder the actualization of these rights. The paper concludes with policy recommendations aimed at bridging the gap between legislative intent and grassroots reality to ensure that the “forgotten man” of the criminal justice system is finally heard and protected.

Keywords: Victimology, BNSS 2023, West Bengal Victim Compensation Scheme, Restorative Justice, Indian Criminal Justice System, Legal Aid, Crimes against Women.

228. PROTECTION OF VICTIMS’ RIGHTS IN THE INDIAN CRIMINAL JUSTICE SYSTEM- A SPECIAL REFERE

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