The Role Of Victim Impact Statements In The Trial Process
- IJLLR Journal
- Mar 21
- 1 min read
Ishwar Kapil, CT University
ABSTRACT
The role of the victim impact statements (VIS) during the trial process in India is an emerging trend within the criminal justice system. However, to this date, there is no formal provision within the Indian legal framework that mandates the filing of such statements, though a gradual trend of consciousness is being witnessed, especially in serious crimes like sexual assault and murder. Victim impact statements enable victims to describe their emotional, psychological, and financial impact of the crime in question which can influence the sentencing decision. In this context, this paper aims at discussing the history of victim rights in India, legal framework governing VIS in India, problems arising out of their implementation, and presenting a comparative perspective about other countries, that is the United States of America and the United Kingdom. The paper would hence advise for the formal integration of VIS in India's criminal justice system but this would be done with a consideration of balance in regard to the suffering of the victim and rights of the accused.
Keywords: Victim Impact Statements, Indian Criminal Justice System, Sentencing, Legal Framework, Victim’s Rights
