英语论文网

esses and the authorities to whom they can approach with their grievances should be incorporated in separate schedules to the CrPC. Also, these ought to be translated into regional languages and be made easily available free of cost to the citizens.

In the 2008 amendment to the CrPC, brings in quite a few changes with regard to the role of the victim. [15] Many of these changes were in tandem with the recommendations of the Malimath Committee. Some of these were the victim compensation scheme [16] and the right of the victim to prefer trial. [17] However, the amendment does not mention much with regard to victim's role in filing of police report.

It does provide for special rights of women victims, that is, trials for sexual offences are to be tried by female judges as far as possible, [18] also women were to be arrested by female officers at the failure of which, the body of the woman was not to be touched. [19]

Chapter 3

在印度引入受害者的权利的必要性: -Need for introduction of victim's rights in India:

the international perspective

As seen before, the role of the victim in the criminal justice system is limited to that of a witness. It seems as if apart from this, the interests of the victim is immaterial. This is shocking considering that victims are major stakeholders in the perpetration of justice with relation to a crime. After all it is the victim who has been put worse off.

Rights of victim have been recognized to some extent for victims of sexual offences. As states above, many changes in this regard are brought about by the 2008 CrPC Amendment. In State of Punjab v Gurmit Singh, [20] the Supreme Court recognizes the ill treatment of victims of sexual assault during their cross examination in court. It is duty of the court in this regard to ensure that such cross examination should not result in embarrassment and humiliation of the victim in court. Although Delhi Domestic Working Women's Forum v Union of India, [21] recognized a woman's right to legal representation at the police station itself, legislative and executive action in this regard is still at a premature stage.

In respect of the police report, if the evidence is found to be inadequate, or there is the absence of any causal link between events, or there is any reason to doubt the guilt of the accused, the benefit of doubt goes to the accused. Although this is in consonance with the maxim 'innocent until proven guilty', this goes totally against the interests of the victim.

The need for incorporating the victim in the criminal justice system has been felt elsewhere in the world as well.

The best example of this would be the United States of America. An amendment to the American Constitution had been proposed to give to the victim a participatory role in the system. [22] A system which denies a victim any standing in the process of administering of criminal justice is seen as an anomaly and not the other way around. It is said that such a process can only succeed in furthering the alienation between the state and the victim, while it is the former which contracts to protect the latter. [23] In America, such a system developed due to the Bill of Rights, which did not grant to the victim any standing in a criminal trial.

The victim's rights movement received recognition on an international level as w