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Role Of Victim In Criminal Justice System

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Role of Victim in Criminal Justice System in India recent trends

More than fifty years ago Justice Benjamin N. Cardozo of the United States Supreme Court wrote "justice, though due to accused, is due to accuser also. The concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true." The fundamental principle of a judicial system is fair trial and justice to both, the accused and the victim of crime. In order to apply this principle there involves a delicate judicial balancing of competing interests of the accused, the public and the victim. When an offence is committed, the state will apprehend the accused and bring him to trial and if he is found guilty he will …show more content…

Is it actually so? There is a category called victims who sets the criminal justice mechanism in motion by giving information to the police. While the accused is inside the jail at the expenditure of the State, the victim is left in the midst of society without any support or help from the State machinery. We could see the plight of victims in deaths in police custody, communal riots, automobile crashes, terrorist hits, torture in investigation, medical negligence and malfeasance. So in the Criminal Justice System victim should be given a prominent space. Role of Victim in Criminal Justice System deserves special emphasis because now a day’s he or she is an informant and possibly a witness for the prosecution depending upon the police and the discretion of the Public Prosecutor. Unlike the accused victim has got no rights to protect his or her interests in the proceedings, which are conducted on his or her behalf by the state and its agencies. He has no rights to prefer appeal against the order of acquittal of the accused by trial court in a criminal case started by State. The State …show more content…

India ratified the United Nations Convention on the Rights of the Child in 1992 and this Act was passed as one of the necessary steps to protect the rights of children in the country. The National Commission for Protection of Child Rights has been taking up various issues brought forth in the area of child abuse. After inquiry, the National Commission can recommend initiation of proceedings for prosecution or any other action it may deem fit.

D. Prevention of Caste-Based Victimization and Protection for Victims: The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

This is an act to prevent atrocities against the members of the Scheduled Castes and Scheduled Tribes. Under this Act, compensation to victims is mandatory, besides several other reliefs depending on the type of atrocity. The victims are entitled to receive monetary compensation ranging from Rs. 25,000 to 200,000 depending on the gravity of the

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