Sushree Saswati Mishra, LLM, KIIT School of Law, Bhubaneswar & Seemon Snigdha Jena, LLM, National Law University Odisha, Cuttack
ABSTRACT
Around the globe, mostly in all jurisdictions, including India as well, the victims of crime were lost in judicial. Recognizing Victim in Indian judiciary took a long time. Finally in 2008, India recognized Victim and its rights, more than just a mere witness for prosecution. Along with recognition it gave rise to the victim compensation fund. But what’s about the pain and suffering of the victim (both primary and secondary victim). The Malimath Committee categorically highlighted the plight of victims stating that their condition is pitiable and made some path breaking recommendations. Most remarkable of them is the implementation of victim impact statement in India. Understanding the concept of VIS from USA and its legal evolution, Indian criminal justice system should make it a part. Globally various countries’ jurists argued its merits and demerits. Keeping all these in mind India should make it optional in the discretion of the prosecutor and victim.
In this study, we have analyzed different judicial decision pronounced for the need of VIS and also analyzed its implications in USA. Not only financial compensation, at time victim need emotional and psychological relief which can be well put forth in this statement. Also the experts in this fields helps the victim to overcome from the impact of the crime and live its normal life.
Keywords: Victim, Restorative justice, Victim impact statement (VIS), Malimath committee, Victimology
