A victim of crime is any person, who, whether individually or collectively, has suffered any harm, whether physical, mental, emotional through acts or omissions of criminal law. A victim of a crime suffers loss which may be to his body, property or reputation or to his fundamental rights. A victim of a crime may also be subjected to subsequent abuse of power by the law enforcement agencies or also threats by the powerful culprits.
The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power defined the meaning of the term 'victims' and also laid down various guidelines for providing assistance, guidance and help. The declaration stated that victims should be treated with compassion and provided with necessary guidance and counselling. It also laid down provisions regarding fair access to justice and providing compensation and restitution to the victims.
Rights of victims:
(1) right to fair access to justice
A victim has a right to free access to justice. He has a right to have his complaints registered and proper action be taken on them. He has a right to know the time and place of hearings. He has a right to be a witness. He also has a right to protection from threats and be provided with safeguard to him and his family from potential dangers from powerful antagonists. The safety of his witnesses should also be ensured.
(2) right to compensation
A victim has a right to be compensated for the loss suffered by him and his family. Section 357 CrPC provides for compensation to the victim from the person convicted for the offence that lead to the damage. Section 5 of the Pribation of Offenders Act, 1958, also provides for compensation to the victims of crime. Under Article 300 of the Constitution of India, compensation is also provided to the victims of tortious acts by the employees if the State. Nilabati Behera, Saheli, Chandrima Das, etc are important cases decided by the Supreme Court where compensation was given.
(3) right to restitution
Restitution means to restore back. A victim has a right to get his damaged property restored to its oiginal state or else replaced where restoration or return is not possible.
(4) right to assisance
A victim of crime needs to be treated with compassion. He may be provided with necessary medical, psycological or emotional counselling to restore his self worth. He may be provided with necessary assistance for rehabilitation.
Thus, a victim of crime has been provided with a number of rights both under the national and international laws to help him get justice and also to restore his physical and material condition. He is provided with necessary assistance for rehabilitation and also to restore his dignity.
The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power defined the meaning of the term 'victims' and also laid down various guidelines for providing assistance, guidance and help. The declaration stated that victims should be treated with compassion and provided with necessary guidance and counselling. It also laid down provisions regarding fair access to justice and providing compensation and restitution to the victims.
Rights of victims:
(1) right to fair access to justice
A victim has a right to free access to justice. He has a right to have his complaints registered and proper action be taken on them. He has a right to know the time and place of hearings. He has a right to be a witness. He also has a right to protection from threats and be provided with safeguard to him and his family from potential dangers from powerful antagonists. The safety of his witnesses should also be ensured.
(2) right to compensation
A victim has a right to be compensated for the loss suffered by him and his family. Section 357 CrPC provides for compensation to the victim from the person convicted for the offence that lead to the damage. Section 5 of the Pribation of Offenders Act, 1958, also provides for compensation to the victims of crime. Under Article 300 of the Constitution of India, compensation is also provided to the victims of tortious acts by the employees if the State. Nilabati Behera, Saheli, Chandrima Das, etc are important cases decided by the Supreme Court where compensation was given.
(3) right to restitution
Restitution means to restore back. A victim has a right to get his damaged property restored to its oiginal state or else replaced where restoration or return is not possible.
(4) right to assisance
A victim of crime needs to be treated with compassion. He may be provided with necessary medical, psycological or emotional counselling to restore his self worth. He may be provided with necessary assistance for rehabilitation.
Thus, a victim of crime has been provided with a number of rights both under the national and international laws to help him get justice and also to restore his physical and material condition. He is provided with necessary assistance for rehabilitation and also to restore his dignity.
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