by Police - Bureau of Police Research and Development

The Indian Police Journalvictim's right to participate in criminal proceedings, which includesright to be impleaded, right to know, right to be heard and right toassist the court in pursuit of truth; and secondly, the right to seek andreceive compensation for the injuries suffered and also appropriateinterim reliefs in the course of proceedings.The European countries assign a very active role to the victim or his/her representative in criminal proceedings. Thus, in France, all thosewho suffer damage or injuries as a result of crime, are entitled tobecome parties to the proceedings from the investigation stage itself.They can assist in investigation and move the court for appropriatedirections when the investigation gets delayed or distorted for whateverreasons. Victim's active participation in trial is considered helpful insupplementing the evidence as to loss, pain and suffering for decidinghis entitlement for interim reliefs and compensation.The assistance of the victim in criminal proceedings may help ineliminating the possibility of withdrawal or closure of proceedingson extraneous grounds, as he can resist the same. If victim is dead,or otherwise not available, this right should vest in next of kin. Itshould be possible for the Government welfare bodies and voluntaryorganizations registered for welfare of victim of sexual offences, child appropriate for a just disposal of the case.The Malimath Committee has suggested that right of victim should alsoextend to prefer an appeal against any adverse order by the Trial Court.by the affected victim as it entertains appeal against conviction 23 . TheCommittee found no credible and fair reason as to why an appealagainst acquittal should lie only to the High Court. The right to berepresented by a Lawyer is a constitutional right of every accused andthere is no reason why it should not be available to the victim as well.If the victim is an indigent person, the Legal Services Authority shouldbe directed by the court to provide a Lawyer at the State expense.It must be stated that the suggestions made by the Malimath Committeebrought about sweeping changes in the procedural law of crime bythe Code of Criminal Procedure (Amendment) Act, 2008, which cameinto force with effect from December 31, 2009. A new provision forvictim’s compensation has been inserted in the Code in the formof Section 357-A, which has far-reaching implications assuring thevictims of crime that they are no longer a neglected lot. 24January - March, 201353