i

Comparative Criminal Procedure (Hons.-I) Project

On

Rights of Victims in Different Legal System

Submitted to:

Mr. Manoj Kumar

Submitted By:

Anant Ekka

Roll no. 26

Section A

Semester VII, B.A. LLB (Hons.)

Submitted on: 28/11/2018

Hidayatullah National Law University

Uparwara, Abhanpur, New Raipur (C.G.)

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Declaration
I, Anant Ekka, of Semester VII, Section A, declare that this project submitted to H.N.L.U.,
Raipur is an original work done by me under the guidance of Mr. Manoj Kumar, Faculty of
Indian Penal Code. The work is a bona fide creation done by me. Due references in terms of
footnotes have been given wherever necessary.

Anant Ekka

Roll No. 26
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Acknowledgements
I feel elated to work on the project “Rights of victims in different legal system.” I express my
deepest gratitude towards Mr. Manoj Kumar, Faculty of Indian Penal Code, to provide me with
the opportunity to work on this project. His able guidance and supervision were of extreme help
in understanding and carrying out the nuances of this project.

Some printing errors might have crept in which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project.

Anant Ekka

Roll No. 26

Section A, Semester VII

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Table of contents
1. Declaration ii

2. Acknowledgments iii

3. Introduction 1

4. Research methodology 2

5. Overview of victims right 3

6. Victims right in India 6

7. Conclusion 12

8. References 13

9.
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Introduction
All states and the federal government have passed laws to establish a set of victims' rights. In
general, these laws require that victims have certain information, protections, and a limited role
in the criminal justice process. Victims' rights depend on the laws of the jurisdiction where the
crime is investigated and prosecuted: state, federal or tribal government, or military installation.

A victim is usually defined as a person who has been directly harmed by a crime that was
committed by another person. In some states, victims' rights apply only to victims of felonies
(more serious crimes) while other states also grant legal rights to victims of misdemeanors (less
serious crimes). Some states allow a family member of a homicide victim or the parent or
guardian of a minor, incompetent person, or person with a disability to exercise these rights on
behalf of the victims.

For the first time in the year 1985 in the general assembly of United Nations, a declaration was
made on basic principles of Justice for victims of Crime. This declaration is otherwise called a
kind of magna cartaof rights of victims of the world. The import of Article 21 of the constitution
of India has been amplified in its application by the catena of decisions of the Honorable Apex
court of India. Right of the victim was also derived from the said article. The necessity of the
right of victim was felt by the courts when it was found that the victim, otherwise called as the
initiator of the litigation, is losing confidence on and interest in the process of adjudication. The
victim developed a kind of detachment from the adjudicating process when it was found that the
human rights of the accused became well protected either by legislation or adjudication in
comparison to the protection of the right of the victim. The victim is not a passive object but an
active component in the judicial process. The victim deserves similar kind of protection and
attention from the court like that of an accused. Punishment to the accused is a signal to the
accused as well as to the society not to commit an offense. But by this the victim is not going to
gain anything.

To make a balance between the human rights of the accused and the victim by plethora of
decisions the Honorable Supreme court of India attempted to restore the dignity of the victim and
to heal up the wounds sustained by the victim.
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Research Methodology

Objectives:

The objectives of this project are:

1. To study about victims’ rights in different jurisdiction.

2. To study about rights of victim in India under Criminal Justice System.

Methodology:

This research project is descriptive in nature. Accumulation of the information on the topic
includes wide use of primary sources such as cases as well as secondary sources like books,
articles, websites etc. The matter from these sources have been compiled and analysed to
understand the concept.
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Overview of Victims' Rights

Below is a list of basic victims' rights provided by law in most jurisdictions. These rights vary,
depending on federal, state, or tribal law.

1. Right to Be Treated with Dignity, Respect, and Sensitivity-

Victims generally have the right to be treated with courtesy, fairness, and care by law
enforcement and other officials throughout the entire criminal justice process. This right is
included in the constitutions of most states that have victims' rights amendments and in the
statutes of more than half the states.2 Victim impact statements allow crime victims, during
the decision-making process on sentencing or parole, to describe to the court or parole board
the impact of the crime on their lives. The victim impact statement may include a description
of psychological, financial, physical, or emotional harm the victim experienced as a result of
the crime. A judge may use information from these statements to help determine an
offender's sentence; a parole board may use such information to help decide whether to grant
a parole and what conditions to impose in releasing an offender. Many victims have reported
that making victim impact statements improved their satisfaction with the criminal justice
process and helped them recover from the crime.
In some states, the prosecutor is required to confer with the victim before making important
decisions. In all states, however, the prosecutor (and not the victim) makes decisions about
the case.

2. Right to Be Informed-
The purpose of this right is to make sure that victims have the information they need to
exercise their rights and to seek services and resources that are available to them. Victims
generally have the right to receive information about victims' rights, victim compensation
(see "Right to Apply for Compensation," below), available services and resources, how to
contact criminal justice officials, and what to expect in the criminal justice system. Victims
also usually have the right to receive notification of important events in their cases. Although
state laws vary, most states require that victims receive notice of the following events:
 the arrest and arraignment of the offender
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 bail proceedings
 pretrial proceedings
 dismissal of charges
 plea negotiations
 trial
 sentencing
 appeals
 probation or parole hearings
 release or escape of the offender
States have different ways of providing such information to victims. Usually, information about
court proceedings is mailed to the victim. Some states have an automated victim notification
system that automatically calls or e-mails the victim with updates on the status of the offender,
while others require the victim to telephone the authorities to receive such updates.

3. Right to Protection-
In many states, victims have the right to protection from threats, intimidation, or retaliation
during criminal proceedings. Depending on the jurisdiction, victims may receive the
following types of protection:
 police escorts
 witness protection programs
 relocation
 restraining orders
Some states also have laws to protect the employment of victims who are attending criminal
proceedings.

4. Right to Apply for Compensation-

All states provide crime victim compensation to reimburse victims of violent crime for some
of the out-of-pocket expenses that resulted from the crime. The purpose of compensation is
to recognize victims' financial losses and to help them recover some of these costs. All states
have a cap on the total compensation award for each crime, and not all crime-related
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expenses are covered. To be eligible for compensation, victims must submit an application,
usually within a certain period of time, and show that the losses they are claiming occurred
through no fault of their own. Some types of losses that are usually covered include:
 medical and counseling expenses
 lost wages
 funeral expenses
Compensation programs seldom cover property loss or pain and suffering. Also, victim
compensation is a payer of last resort; compensation programs will not cover expenses that can
be paid by some other program, such as health insurance or workman's compensation.

5. Right to Restitution from the Offender-

In many states, victims of crime have the right to restitution, which means the offender must
pay to repair some of the damage that resulted from the crime. The purpose of this right is to
hold offenders directly responsible to victims for the financial harm they caused. The court
orders the offender to pay a specific amount of restitution either in a lump sum or a series of
payments. Some types of losses covered by restitution include:
 lost wages
 property loss
 insurance deductibles

6. Right to Prompt Return of Personal Property-

Crime investigators must often seize some of the victim's property as evidence for a criminal
case. In most states, authorities must return such property to the victim when it is no longer
needed. To speed up the return of property, some states allow law enforcement to use
photographs of the item, rather than the item itself, as evidence. The prompt return of
personal property reduces inconvenience to victims and helps restore their sense of security.

7. Right to a Speedy Trial

8. Right to Enforcement of Victims' Rights-
To be meaningful, legal rights must be enforced. States are beginning to pass laws to enforce
victims' rights, and several states have created offices to receive and investigate reports of
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violations of victims' rights. Other states have laws that permit victims to assert their rights in
court.

Victims right in India

Victims have few legal rights to be informed, present and heard within the criminal justice
system.

The core rights for victims of crime include:

 The right to attend criminal justice proceedings;

 The right to apply for compensation;
 The right to be heard and participate in criminal justice proceedings;
 The right to be informed of proceedings and events in the criminal justice process, of
legal rights and remedies, and of available services;
 The right to protection from intimidation and harassment;
 The right to restitution from the offender;
 The right to prompt return of personal property seized as evidence;
 The right to a speedy trial; and
 The right to enforcement of these rights.

1. THE RIGHT TO ATTEND: Crime victims and their families be given the right to be present
during criminal justice proceedings. This right is important to victims, who often want to see
the criminal justice process at work. They may want to hear counsel’s arguments and view
the reactions of the judge, witnesses and the defendant.

Proceedings Victims May Attend- The victim's right to attend proceedings includes the right
to attend the trial, sentencing, and parole hearing of the offender, but may include other
proceedings as well.
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Exclusion of Witnesses- A victim’s right to attend the trial is often limited in cases where the
victim is also a witness in the criminal case. A longstanding rule of evidence provides for the
exclusion, or “sequestering,” of witnesses during the trial. This rule was designed to prevent
witnesses from being influenced by the testimony of other witnesses in the case. Some
jurisdictions require any witness to be excluded on the request of a party while others leave
exclusion to the discretion of the judge. Increasingly, jurisdictions are changing this rule on
witnesses to allow victims to remain in the courtroom even when they will be a witness, or to
require the court to first rule that the victim’s testimony is likely to be influenced by the
testimony of other witnesses before ordering the victim to be kept out of the courtroom.

Presence of Support Persons- Crime victims must benefit from having a support person present
during proceedings. The supportive presence of a trusted advocate or family member often
enables a crime victim to exercise his or her right to be present during proceedings.

2. THE RIGHT TO COMPENSATION: Crime victim compensation should be a government

program designed to reimburse victims of violent crime for their out-of-pocket expenses
relating to the crime. Surviving or affected family members may also be eligible for limited
compensation. Generally, victims apply to the compensation program of the state where they
live or where the crime occurred. Compensation can be paid even when no one is arrested or
convicted for the crime.

Eligibility- Direct victims of violent crime, or to their surviving family members. Victims of
serious financial crime to seek compensation for counseling expenses. Those who pay a victim’s
medical or funeral expenses should be eligible for direct reimbursement from the compensation
program.

In order to be eligible, the victim must generally have reported the crime and cooperated in the
prosecution of the case. They must also file an application for compensation within a certain time
period. Victims may be ineligible if their own misconduct contributed to their injuries—for
example, if they were injured while they were committing a crime.
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Compensable Expenses- Compensation programs will be medical expenses, counseling

expenses, lost wages, and funeral expenses.

3. RIGHT TO BE HEARD: One of the most significant rights for crime victims is the right to
be heard during critical criminal justice proceedings that affect their interests. Such
participation is the primary means by which victims play a proactive role in the criminal
justice process. When a crime victim is allowed to speak at the sentencing hearing, or to
submit a victim impact statement regarding the impact of the offence on the victim and the
victim’s family, there is an acknowledgment by the criminal justice system of the personal
nature of the crime and of the harm suffered.

Conferral with Prosecutor- Prosecutor to obtain the views of the victim before a disposition is
final, whether this involves a plea agreement, dismissal of charges, or a pretrial diversion of the
defendant. The prosecutor to certify to the court that he or she has consulted the victim before a
plea can be accepted.

Communication with the Court or other Authority- The victims right to be heard by the court at
sentencing.

4. THE RIGHT TO BE INFORMED: The criminal justice system is often required to provide
general information of interest to victims. Give victims or their families the right to be
notified of important, scheduled criminal proceedings and the outcomes of those
proceedings. Notify victims when hearings have been cancelled and rescheduled.

General Information to be provided to Victims- Victims may must have the right to be informed
of various legal rights, including the rights to: attend a proceeding and/or submit a victim impact
statement; sue the offender for money damages in the civil justice system; have a court order that
they be protected from the offender and/or the offender's family and associates.

Notice of Events and Proceedings in the Criminal Justice Process- There are dozens of events or
proceedings in the ordinary criminal justice process for which notice may be required by statute.
These commonly include:
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 Arrest of the accused;

 Arraignment of the defendant;

 Bail release and related proceedings;

 Pre-trial release and related proceedings;

 Dismissal of charges;

 Negotiated pleas and entry of plea bargain;

 Trial dates and times;

 Sentencing hearings;

 Final sentence or disposition;

 Conditions of probation or parole;

 Post-trial relief proceedings;

 Appeals process and related proceedings;

 Parole release and related proceedings;

 Pardon/commutation of sentence and related proceedings;

 Cancelled and rescheduled proceedings;

 Final release from confinement, including from a mental institution; and

 Escape and subsequent recapture of offender.

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5. THE RIGHT TO PROTECTION: Give crime victims the right to protection during the
criminal justice process. This right may take the form of a generally stated right to protection,
or may include specific protective measures. Most defined are criminal offences of
intimidation of victims or witnesses.

Protective Measures- Measures to protect crime victims take various forms. Some examples
include:

 Police escorts to and from court;

 Secure waiting areas separate from those of the accused and his/her family, witnesses and
friends during court proceedings;

 Witness protection programs;

 Residence relocation; and

 Denial of bail or imposition of specific conditions of bail release—such as no contact

orders—for defendants found to present a danger to the community or to protect the
safety of victims and/or witnesses.

6. THE RIGHT TO RESTITUTION: The term "restitution" generally refers to restoration of the
harm caused by the defendant, most commonly in the form of payment for damages. It can
also refer to the return or repair of property stolen or damaged in the course of the crime.

Courts to order restitution by convicted offenders as part of their sentences.

Losses to be Covered-

Restitution should cover any out-of-pocket losses directly relating to the crime, including:

 medical expenses;

 therapy costs;
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 prescription charges;

 counselling costs;

 lost wages;

 expenses related to participating in the criminal justice process (such as travel costs and
child care expenses);

 lost or damaged property;

 insurance deductibles; and

 other expenses that resulted directly from the crime.

Restitution will not cover such things as pain and suffering or emotional distress, but may cover
reasonably expected future losses, such as ongoing medical or counselling expenses. In
calculating the restitution owed, a court should look at the victim’s losses.

7. RIGHT TO RETURN OF PROPERTY: A victim of crime may suffer the loss of property in
two ways: by theft or when property is seized and held as evidence.

8. THE RIGHT TO A SPEEDY TRIAL: Give crime victims the right to “a speedy trial” or
“disposition of the case free from unreasonable delay.”

In practical effect, and often in the law, the right to a speedy trial takes the form of a limitation
on continuances. “Continuances” are court-ordered delays of court proceedings. The court must
also consider the impact of the delay on the victim.

9. THE RIGHT TO ENFORCEMENT/REMEDIES OF VICTIMS: Since crime victims have

been afforded legal rights, there is need to ensure that those rights are enforced.
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Enforcement Mechanisms The victims must have “legal standing” to assert their rights. Because
a crime victim is not a “party” to the case—that status is limited to the defendant and the
prosecuting jurisdiction (such as the state)—legal standing for victims must be automatic and
must be provided by statute or court ruling.

Aside from general “standing” to assert rights, some jurisdictions have other limited court
options for enforcement. They may permit a victim to seek a writ of mandamus, a court order
directed to an agency to comply with the law, or allow other limited actions.
Creation of a designated entity to receive, investigate, and attempt to resolve crime victim
complaints. There must be an ombudsman or state victim advocate; in others, it may be a
committee or board. Give the investigatory agency the ability to impose consequences on
offending agencies or officials found to have violated a victim’s rights.

Conclusion
The entire criminal legal system functions primarily and substantially to provide justice to the
victim. Giving the victims and witnesses a voice to testify in court without fear, participate in the
court proceedings and have their rights and interests protected is of utmost importance for the
legitimacy of the justice delivery system. Moreover, the present day understanding of justice
necessarily includes accessibility to courts of law. Unless the judicial system is accessible to the
people who demand justice, the system would exist only in name and not in substance. Needless
to say, victims and witnesses would be amenable to accessing the system and give truthful
testimonies only if the system guaranteed a protection of their and their families’ Privacy,
security, identity and dignity.
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References
Webliography

 https://www.justice.gc.ca/eng/cj-jp/victims-victimes/rights-droits/
 http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-
victims/victims'-rights
 https://www.victimlaw.org/
 https://en.wikiversity.org/wiki/Indian_Law/Victims_rights
 http://www.legalservicesindia.com/article/1315/Victims-Rights-in-India.html
 http://www.eurasiareview.com/22022016-rights-of-victims-in-indias-criminal-justice-
system-analysis/
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 http://www.legalserviceindia.com/articles/cjc.htm