Victim Rights and Assistance**

Definition of Victim under BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) significantly enhances the role and rights of victims in the criminal justice process. A broader definition of 'victim' is crucial for this enhanced role.

• Definition in Section 2(1)(zh) BNSS: The BNSS defines "victim" as "a person who has suffered any harm or loss caused by reason of the act or omission for which the accused person has been charged and includes his or her guardian or legal heir."

• Key Aspects of the Definition:

  • Harm or Loss: It covers both physical, mental, and financial harm or loss caused by the crime.

  • Act or Omission: It relates the harm to the specific act or omission for which the accused is charged.

  • Inclusion of Guardian/Legal Heir: Critically, it includes the victim's guardian or legal heir, which is particularly important in cases of death, minors, or incapacitated victims. This ensures that the interests of the victim are represented even if the victim cannot personally participate.

• Significance: This expanded definition aims to recognize and protect the interests of victims and their families throughout the investigation and trial.

Rights of Victims during Investigation

The BNSS provides victims with specific rights during the investigative phase, moving towards a more victim-centric approach.

Right to be informed about the proceedings

• Section 173(3) BNSS: This section mandates that the victim shall be informed about the progress of the investigation and the status of the case, including the filing of the charge sheet or closure report.

• Purpose: This ensures transparency and allows the victim to stay informed about the legal process concerning the crime committed against them.

Right to have victim's presence during proceedings

While not always explicitly stated as a right to be present at every step, the BNSS provides opportunities for the victim's participation.

• Section 327(1) BNSS: Grants the victim the right to be heard during the trial, including during arguments on conviction or acquittal. This implies their involvement at crucial stages.

• Witness Examination: Victims are often crucial witnesses and have the right to present their testimony.

Right to be heard

This is a fundamental right emphasized in the BNSS, ensuring that the victim's voice is considered.

• Section 327(1) BNSS: Explicitly states that the victim shall have the right to be heard at any stage of the proceedings, including during the arguments on conviction or acquittal. This is a significant enhancement over previous laws, giving the victim a more active role.

• Purpose: This right allows the victim to present their perspective, grievances, and any relevant information that might assist the court in reaching a just decision, especially concerning the impact of the crime and sentencing.

Victim Assistance and Protection

The BNSS recognizes the need for victim support and protection throughout the criminal justice process.

Provision for support services

• Implicit Provision: While BNSS does not detail specific victim support service providers, its emphasis on victim rights and the requirement to inform them about proceedings implies a framework where such support is expected.

• Victim Compensation: The provisions related to victim compensation (see below) also serve as a form of assistance.

• Legal Aid: Victims are entitled to legal aid if they qualify, which helps them understand and exercise their rights.

Protection from intimidation and retaliation

• General Protective Measures: The BNSS, like its predecessor, does not have a specific chapter solely dedicated to victim protection from intimidation. However, general provisions related to tampering with evidence or intimidating witnesses (which can apply to victims who are also witnesses) are punishable.

• Judicial Discretion: Courts often impose conditions on bail or during trial to protect victims and witnesses from harassment or intimidation.

• Special Procedures: For vulnerable victims, particularly those of sexual offences, the law emphasizes recording statements sensitively and in presence of support persons, which indirectly aids in protection.

Victim's Role in Trial

The BNSS aims to integrate the victim more meaningfully into the trial process, moving beyond the traditional role of just a witness.

• Right to be Heard: As highlighted, the victim has the right to be heard at crucial stages of the trial, particularly during arguments on conviction or acquittal (Section 327(1) BNSS). This allows them to present their perspective on the outcome of the trial.

• Information Access: The victim has a right to be informed about the progress of the investigation and the case status (Section 173(3) BNSS).

• Witness Testimony: Victims often play a crucial role as witnesses, and their testimony is vital for establishing the prosecution's case.

• Victim Impact Statement: While not explicitly detailed in BNSS for all cases, the right to be heard can be interpreted to include making a statement about the impact of the crime, which can be considered during sentencing.

Victim Compensation

The BNSS continues and strengthens the provisions for victim compensation, recognizing the financial and emotional toll of crime.

Section 357A of CrPC (likely continued or adapted in BNSS related provisions)

• Purpose: Section 357A BNSS (which mirrors Section 357A of CrPC) provides for the creation of a Victim Compensation Fund by the State Government.

• Compensation in case of Acquittal: If the court considers, at the end of the trial, that the prosecution was frivolous or vexatious, it may direct the offender to pay compensation to the victim.

• Compensation from Fund: The victim compensation fund is intended to provide compensation to victims suffering loss or injury as a result of a crime, including victims of trafficking and victims of acid attacks. This compensation can be awarded by the trial court or by any other criminal court.

• District Legal Services Authority: The application for compensation is to be made to the District Legal Services Authority or the State Legal Services Authority for awarding compensation from the fund. This ensures a structured process for obtaining compensation.

• BNSS Integration: This provision is integrated into the broader framework of victim rights under BNSS, ensuring that victims receive assistance not just in the legal process but also for the harm suffered.

Overall, the BNSS reflects a commitment to making the criminal justice system more responsive and supportive to victims.