英语论文网

ere someone has suffered at the hands of another, the former deserves justice. So even if the victim does not approach the court, the court can take cognizance suo moto. This is the light of preserving Fundamental Rights of individuals like the Right to Life and Liberty, [9] Right to Freedom. [10] This is because the Constitution envisages that the Supreme Court will be the protector of the fundamental rights of the people when it grants it original jurisdiction over writ petitions regarding fundamental rights' violations in Article 32.

It dealt particularly with cases where women were the victims. It recognized that in a case of rape, the word of the victim and medical evidence was enough. Also, it was to be presumed that the victim of rape did not consent to it, unless it is proved otherwise. The onus of such proof is on the accused. In spite of these recognitions, however, the court recognizes that there have been many acquittals based merely on absence of evidence. With these statements, the court affirmed the findings in Delhi Domestic Working Women's Forum v Union of India. [11]

The case further laid down some ground rules. It said that victims of such crimes had to be provided with legal representatives at the police station itself as they may require assistance at that stage. The duty to ensure this was that of the police. It also provided for compensation to rape victims not only for the physical injuries involved, but also the psychological, social and emotional injuries. It further said that interim compensation should be provided too.

In a 2002 case, Jasveer Singh, Harveer Singh V State, [12] again a case concerning the offence of rape, the Court stated that in a rape case, the victim stood on a higher pedestal and thus, the accused could be convicted solely on the basis of the victim's testimony if such testimony inspired confidence in the mind of the court.

Mangilal v State of Madhya Pradesh, [13] dealt with awarding of compensation to victims in a criminal trial under section 357 of CrPC. It recognized compensation of the victim as a way of restoring the victim to a position prior to the commission of the crime. It also stated that the power of the court to award compensation under 357 was not ancillary to other sentences, but in addition to them. Also, by applying principles of natural justice, it is only expedient that before fixing the amount of compensation, the accused be given the opportunity to be heard. Further, the court is to make all these decisions after looking at the economic and social conditions of the victim and the accused.

Chapter 2

Malimath 委员会和2008年CrPC修正案的报告-Report of Malimath Committee and the 2008 CrPC Amendment

The Malimath Committee recognized several drawbacks in the existing criminal justice system, and after much discussion and deliberation came up with many suggestions. These included many suggestions regarding the incorporation of the rights of the victim. [14]

It suggested that the burden of proof be lowered in criminal cases from 'beyond reasonable doubt' to a level lower, that is, proof which is 'clear and convincing'. It also suggested that victims should know the status of the investigation that is carried out by the police and ask for further investigation. It further provided that the rights and duties of the victim, the accused, the witn