‘The victim of crime is treated as a mere witness in the prosecution of the offence’ Premium

Neglected victims of crime worldwide, including in India, deserve a victim-centric approach in the criminal justice system.

The victim of any form of crime is considered the most neglected person in the Criminal Justice System across the globe and India is no exception. The entire Criminal Justice System (CJS) focuses on accused persons with the object of establishing their guilt or innocence. It takes care of criminal’s trial, conviction, retribution, reformation and rehabilitation. But sadly, the victim of crime is treated as a mere witness in the prosecution of the offence. The victims suffer in the form of physical, emotional and mental trauma, and economic losses are generally not taken into consideration, as he or she doesn’t play any central role in the entire criminal justice system.

Victims of crime can be broadly classified into three categories. The primary victim is the person who actually suffers physical or economic harm in the form of loss of life, limb, dignity, honour and property. The secondary victims are dependents of the victim who is either killed or has been incapacitated from doing any economic activity. Society is the third victim because it suffers a violation of its laws. As the State must maintain law and order in society, it undertakes the prosecution of criminals on behalf of individuals who have suffered and also to deter potential criminals from going the wrong way.

In the whole process, the victims of crime often feel neglected and sidelined in the State’s investigation and prosecution process. The primary focus of these agencies will be on the accused persons and generally the plight of the victim is ignored.

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Although the State bears the cost of investigation and prosecution, the consequential cost of crime is enormous on the victim. It can be a physical injury in the form of death, partial and permanent disability, disfigurement and other form of bodily injuries. Mental and health consequences in the form of depression, anxiety or post-traumatic stress disorder (PTSD) for victims of sexual offence. Economic consequences may take the form of property losses, medical and legal expenses or even the death of the sole breadwinner in the family.

In order to provide much-needed relief to the victims of crime, it is essential that the focus of criminal justice system shifts from being accused-centric to victim-centric. The rights of victims should be given focus and, he/she should be involved to play an active role during the investigation and trial.

Realizing this in 1985, the United Nations adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, recognizing four key rights for victims of crimes: