Retribution To Restoration: Evaluating Victim Rights In The Bhartiya Nyaya Sanhita
- IJLLR Journal
- Apr 25
- 2 min read
Vani Mishra, BBA LLB, MIT World Peace University, Pune
ABSTRACT
The Bhartiya Nyaya Sanhita (BNS), 2023, signifies a major change in India's criminal justice system by prioritizing victim rights and enhancing compensation mechanisms. This legislation replaces the colonial-era Indian Penal Code (IPC) and aims to establish a more victim-focused approach to justice. A prominent feature of the BNS is its focus on delivering justice for victims through various provisions for compensation, expedited trials, and improved legal protections. The BNS acknowledges the essential need to assist crime victims beyond traditional punitive measures. It prescribes an organized method for victim compensation, ensuring that victims of serious crimes receive both financial and rehabilitative support. This measure aligns with international standards in victim protection and acknowledges that justice is incomplete without addressing the harm experienced by victims. By including compensation within its legal framework, the Sanhita ensures that victims are not left to handle financial and emotional difficulties on their own. Furthermore, the BNS strengthens legal rights for victims, especially
in instances of sexual violence, domestic abuse, and other crimes affecting vulnerable groups. It enhances procedural protections to guarantee victim involvement in trials, safeguards their dignity, and demands fair treatment from law enforcement officials. Additionally, the Sanhita implements measures aimed at reducing the delays in the delivery of justice, thereby preventing prolonged trauma for victims and ensuring that grievances are resolved promptly. A distinctive aspect of the BNS is its victim compensation system, which is designed to be more efficient and effective than previous frameworks. The statute mandates the prompt distribution of compensation funds and establishes accountability within the judicial system to guarantee compliance. This provision not only acknowledges the financial challenges victims face but also encourages their rehabilitation and reintegration into society. The victim compensation initiative is expected to be executed in partnership with state governments and legal aid organizations, providing a comprehensive support network. Moreover, the BNS enhances witness protection protocols, acknowledging the importance of victim testimony in achieving convictions. The law introduces protections against intimidation and coercion, enabling victims and witnesses to engage in legal processes without fear. By bolstering these protections, the BNS empowers victims to pursue justice confidently. Comparing the BNS with prior legal frameworks highlights its progressive stance on victim rights. While older laws offered a limited framework for victim compensation, the BNS formalizes a more organized and legally enforceable mechanism.
