Evolution And Development Of Victim Protection Laws In India - An Analysis
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Category: General Law
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EVOLUTION AND DEVELOPMENT OF VICTIM
PROTECTION LAWS IN INDIA: AN
ANALYSIS
Dr. Gayathri N.M, Assistant Professor, CMR University, SOLS, Bengaluru Manjunath. B.K, LL.M (Cri). CMR University, SOLS, Bengaluru
ABSTRACT
The concept of victim protection in India has evolved gradually over the years, moving from a system that once centered entirely on punishing the accused to one that increasingly recognizes the rights and needs of victims. In the early stages of Indian criminal law, victims were treated merely as witnesses, with little attention given to their suffering, safety, or rehabilitation. However, social awareness, judicial activism, and international human rights movements have influenced a shift in this perspective. This chapter explores the historical and legal development of victim protection laws in India. It discusses how constitutional provisions, particularly Articles 14 and 21, have laid the groundwork for victim rights.
Key legislative reforms such as the amendments to the Criminal Procedure Code, the introduction of Section 357A for victim compensation, and the passing of special laws like the POCSO Act and Domestic Violence Act are analyzed in this context. The role of judiciary through landmark decisions has also been instrumental in expanding victim protection in addition to legal provisions, the chapter highlights the importance of schemes such as the Witness Protection Scheme and the contributions of Legal Services Authorities in ensuring support and assistance to victims. Despite these efforts, challenges such as poor implementation, lack of awareness, and delays in relief still exist.
By tracing the growth of victim protection in India, this chapter emphasizes the need for stronger enforcement, better support systems, and continued legal reform to ensure justice is meaningful not only for the offender but also for the victim. Keywords: Victim Protection, Criminal Justice System, Legal Reforms in India, Victim Compensation, Witness Protection, Judicial Activism.
Introduction
For a long time, the Indian criminal justice system mainly focused on punishing the offender, with little attention given to the person who actually suffered from the crime the victim. In most cases, once a crime was reported and the legal process began, the victim's role was often limited to giving statements or testifying in court. Their pain, needs, and safety were not considered central to the process. This lack of concern left many victims feeling neglected, unheard, and unsupported. Over time, there has been a growing understanding that justice is not complete unless the rights and interests of victims are properly protected. Crimes do not just break laws they also harm real people, and it is essential to recognize this harm and take steps to reduce the impact on the victim. Slowly but steadily, the legal system in India began to change its approach.
Laws were introduced or amended to offer protection, compensation, and support to victims. Courts also started acknowledging that victims deserve dignity, respect, and care during the legal proceedings. The journey of developing victim protection laws in India has not been easy or quick. It has taken years of struggle, activism, judicial guidance, and legislative efforts to bring attention to the needs of victims. The Constitution of India, especially Articles 14 and 21, played an important role in promoting equality and personal liberty, which indirectly helped support the cause of victim protection. Later, specific laws and schemes were introduced to give victims a more central role in the justice system. One major development was the introduction of compensation schemes for victims, especially under Section 357A of the Criminal Procedure Code.
This provision allowed for financial help to victims to cope with their suffering and loss. Other important laws like the Protection of Children from Sexual Offences (POCSO) Act, the Domestic Violence Act, and the SC/ST (Prevention of Atrocities) Act also included measures for victim safety and support. The courts, too, have delivered several landmark judgments which made sure that victims are treated with fairness and given appropriate relief. Additionally, new initiatives like the Witness Protection Scheme, the setting up of one-stop centres for victims of violence, and the increasing use of technology have further helped in improving victim protection. Legal aid services and the role of the Legal Services Authorities have also expanded to offer help and guidance to victims throughout the legal process.
Even though much progress has been made, there are still many challenges in practice. Victims often face delays in getting justice, struggle to receive compensation on time, and sometimes do not feel safe or supported during trials. Awareness about victim rights is still low in many parts of the country, and authorities often lack the training or resources to respond effectively. This chapter will take a closer look at how the idea of victim protection has grown over the years in India. It will explore the major legal, constitutional, and policy developments that have shaped the current framework. It will also discuss the role of the judiciary, the legislature, and government schemes in supporting victims, while pointing out the existing gaps that still need attention.
Understanding this evolution is important for ensuring that the justice system remains fair and sensitive to the needs of those who suffer the most when a crime occurs the victims. Historical Background of Victim Protection in India In ancient India, the idea of justice was largely based on religious and moral values as found in texts like the Dharmashastras, Manusmriti, and the Arthashastra. These texts acknowledged the suffering of victims and prescribed punishments not only to deter wrongdoing but also to offer compensation or restitution to the harmed party. For example, Manusmriti suggested that if a person caused harm to another, compensation should be paid according to the nature of injury or loss caused. The focus was on restoring social order and balance through both punishment and restitution.
While this does not directly equate to modern victim protection, it did recognize the importance of compensating the victim for their loss. 1 During the medieval period, especially under Islamic rulers, the criminal justice system included elements of restitution and compensation. The concept of Diyya (blood money) under Islamic law allowed victims or their families to be compensated in cases of bodily harm or death. This period also saw some form of victim consideration, but it largely depended on the social class or religious identity of the victim, and hence was not uniformly applied. Nevertheless, the idea of compensating victims remained present in some form. 2 1 P. V. Kane, History of Dharmaśāstra, Vol. III (Bhandarkar Oriental Research Institute, 1973), p. 520.
2 Tahir Mahmood, Muslim Law in India and Abroad (LexisNexis, 2012), pp. 211–213.
The British colonial period brought major changes to the Indian legal system. British laws placed the state at the center of the criminal justice process. The focus shifted primarily toward punishing the offender and maintaining law and order, rather than helping the victim. Victims were reduced to mere witnesses, whose role ended once their testimony was recorded. British laws such as the Indian Penal Code (IPC), 1860, and Criminal Procedure Code (CrPC), 1898, while comprehensive in defining crimes and procedures, had limited provisions for victim compensation or support. The legal process became more formal, technical, and state-driven, leaving little room for the victim’s personal rights or needs. 3 Post-independence, India retained the colonial legal framework but gradually began reforming it to include broader notions of justice, equality, and human dignity.
However, for several decades after independence, victim rights still remained on the margins. The legal system continued to be focused on identifying, prosecuting, and punishing the offender. It was not until the 1980s and 1990s that discussions around victimology the study of victims and their treatment within the justice system began to gain momentum in India. This shift was partly influenced by international human rights developments and partly by growing public awareness about the hardships victims face during trials. 4 The Indian judiciary also played an important role in changing the historical neglect of victims. Courts began recognizing the need for compensation and rehabilitation, especially in cases involving custodial deaths, rape, or police brutality. For example, in Nilabati Behera v.
State of Orissa (1993), the Supreme Court awarded compensation to the mother of a boy who died in police custody, thus highlighting the victim's right to remedy and compensation. This marked a turning point in how victims were viewed in the Indian legal system. 5 Over time, legal reforms such as the inclusion of Section 357A in CrPC (introduced in 2009) and the formulation of victim compensation schemes in various states have shown that India has moved towards a more balanced justice system one that considers not just punishing the offender but also addressing the pain and suffering of the victim. The historical background,
3 Ratanlal & Dhirajlal, The Indian Penal Code, 35th ed. (LexisNexis, 2017), Introduction section.
4 K. Chockalingam, “Measures for Crime Victim Compensation and Support in India,” Resource Material Series, UNAFEI, No. 63, 2004.
5 Nilabati Behera v. State of Orissa, AIR 1993 SC 1960.
therefore, shows a slow but steady transition from a justice system centered on retribution to one that increasingly includes the concept of victim protection and support. 6 Constitutional Provisions Related to Victim Protection The Constitution of India, though not explicitly using the term "victim protection," lays a strong foundation for safeguarding the rights and dignity of individuals, including victims of crime. The overarching framework of Fundamental Rights and Directive Principles of State Policy establishes the duty of the State to ensure justice, fairness, and protection for all citizens, especially the vulnerable. These constitutional provisions have become the basis for judicial interpretation and legislative reforms aimed at improving the conditions of victims within the criminal justice system.
7 One of the most significant constitutional provisions related to victim protection is Article 14, which guarantees equality before the law and equal protection of the laws. This article ensures that victims are not discriminated against on any ground and are entitled to equal access to justice. The principle of equality has been invoked by courts to emphasize that both the accused and the victim must be treated fairly in legal proceedings. Victims, particularly from marginalized communities, often face systemic disadvantages, and Article 14 has been used to challenge such biases and ensure more balanced justice delivery. 8 Article 21, which ensures the right to life and personal liberty, has been interpreted expansively by the judiciary to include the right to live with dignity, safety, and fair treatment.
In numerous judgments, the Supreme Court has held that the right to life includes the right of victims to be protected from secondary victimization, humiliation, and undue delay in justice. For instance, in the case of Delhi Domestic Working Women's Forum v. Union of India (1995), the Court recognized the psychological and emotional harm suffered by rape victims and directed for victim compensation, counseling, and legal assistance. 9 Further, Article 39A, under the Directive Principles of State Policy, mandates the State to ensure equal justice and free legal aid to individuals, especially those who are economically or 6 Ministry of Home Affairs, Government of India, Justice to Victims of Crime: Report of the Committee on Amendments to Criminal Law, 2013.
7 M.P. Jain, Indian Constitutional Law, 8th ed. (LexisNexis, 2018), pp. 107–109.
8 Constitution of India, Article 14; also see State of Rajasthan v. Union of India, AIR 1977 SC 1361.
9 Delhi Domestic Working Women's Forum v. Union of India, AIR 1995 SC 922.
socially disadvantaged. Though not directly enforceable in courts, this provision has guided the creation of legal aid services and victim support mechanisms across the country. Legal aid is now considered an essential part of access to justice, and victims particularly women, children, and the poor are eligible for free legal representation under schemes provided by the Legal Services Authorities Act, 1987. 10 The concept of restorative justice and victim compensation also finds support in the constitutional vision of a welfare state, as expressed through the Preamble and various Directive Principles. The State is expected to promote justice social, economic, and political. This vision has inspired the judiciary to uphold the rights of victims and to push for reforms such as the Victim Compensation Scheme under Section 357A of the CrPC. The Supreme Court, in Bodhisattwa Gautam v.
Subhra Chakraborty (1996), held that awarding compensation to the victim is not only a matter of law but also a constitutional obligation to uphold the dignity of the individual. 11 Additionally, the Preamble of the Constitution, which promises Justice, Liberty, Equality, and Fraternity, serves as a guiding principle for interpreting laws and rights. For victims, these values translate into a right to be heard, a right to safety, a right to rehabilitation, and a right to equal treatment before courts. Although the Preamble itself is not enforceable, it plays a crucial role in shaping the moral and legal duties of the State toward victims of crime. 12 Over the years, courts have relied heavily on these constitutional provisions to fill the gaps left by legislation.
In the absence of a specific “Victims’ Rights Charter” in the Constitution, the judiciary has interpreted Articles 14, 21, and 39A liberally to uphold victims’ rights to fair treatment, compensation, protection from threats or retaliation, and access to legal aid. As such, the Constitution serves as a powerful source of support for building a victim-sensitive justice system in India. 13 Legislative Developments and Reforms in Victim Protection Laws in India The Indian legal framework has seen a gradual but important evolution in terms of recognizing
10 Constitution of India, Article 39A; Legal Services Authorities Act, 1987.
11 Bodhisattwa Gautam v. Subhra Chakraborty, AIR 1996 SC 922.
12 Constitution of India, Preamble; also see Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461. 13 P. Ishwara Bhat, Fundamental Rights: A Study of Their Interrelationship, (Eastern Book Company, 2004), pp. 245–248. and protecting the rights of victims. Initially, there were limited legal provisions addressing the needs of victims. However, increasing public awareness, judicial intervention, and global influence prompted lawmakers to introduce reforms to make the criminal justice system more victim-friendly. These legislative efforts, although scattered over time, reflect a growing commitment to address the harm suffered by victims, not just punish the offenders.
14 One of the earliest and most significant legal reforms was the introduction of Section 357 of the Code of Criminal Procedure (CrPC), 1973, which allowed courts to award compensation to victims out of fines imposed on the accused. While this provision was a positive step, it had limitations it was dependent on the conviction of the accused and the availability of funds from fines. Moreover, it was rarely used in practice, as victims were not always aware of their rights and courts seldom emphasized this aspect during sentencing. 15 Recognizing the limitations of Section 357, the Criminal Procedure Code was amended in 2009 to introduce Section 357A, which marked a major shift in victim compensation laws in India. This section made it mandatory for every State Government to prepare a Victim Compensation Scheme in coordination with the Central Government.
Unlike the earlier provision, compensation under Section 357A could be awarded even if the offender was not identified or convicted, thereby offering timely financial relief to victims. It also allowed courts and Legal Services Authorities to recommend compensation based on the victim's condition. 16 The need for protecting victims, especially those facing threats or intimidation, led to the creation of the Witness Protection Scheme, 2018. Though not passed as a standalone law, this scheme was recognized by the Supreme Court in Mahender Chawla v. Union of India (2018) and declared enforceable across all states and Union Territories. The scheme provides for identity protection, relocation, and police escorts, especially in cases involving serious crimes or threats to life.
It was a major reform aimed at ensuring that victims and witnesses could participate in legal proceedings without fear. 17 In addition to these general reforms, several special legislations were introduced over the years focusing on specific categories of victims. The Protection of Children from Sexual Offences
14 Dr. K. I. Vibhute and Arthina Satya, Victimology, 2nd ed. (LexisNexis, 2020), p. 212.
15 Code of Criminal Procedure, 1973, Section 357; also see Justice Malimath Committee Report, 2003.
16 Code of Criminal Procedure (Amendment) Act, 2009; Government of India Notification No. 25/2009.
17 Mahender Chawla & Ors. v. Union of India, (2019) 14 SCC 615.
(POCSO) Act, 2012, for example, laid down strict procedures for recording a child victim’s statement in a child-friendly manner, mandated speedy trials, and provided for rehabilitation of the victim. Similarly, the Protection of Women from Domestic Violence Act, 2005 included provisions for shelter, medical aid, compensation, and legal support for women facing abuse. These laws recognized that victims need support not just during trial, but also in rebuilding their lives. 18 Another important reform was the amendment of criminal laws following the Nirbhaya case in 2012, which led to the passing of the Criminal Law (Amendment) Act, 2013. This Act introduced new offences like acid attacks, stalking, and voyeurism and expanded the definition of rape. It also made provisions for medical treatment of victims, immediate police assistance, and non-disclosure of the victim’s identity.
These changes were crucial in strengthening the legal position of victims, especially women, and ensuring a more sensitive approach by the police and judiciary. 19 To institutionalize support for victims, the government has also taken steps through administrative and policy reforms. One such effort was the creation of One-Stop Centres or Sakhi Centres under the Ministry of Women and Child Development, which provide integrated services like medical aid, police assistance, legal counseling, and psychological support to women victims of violence under one roof. These centres reflect a more holistic understanding of victim protection beyond legal remedies. 20 Despite these legal developments, the implementation of victim-related laws remains uneven. Many victims are still unaware of their rights, and compensation often gets delayed due to bureaucratic hurdles.
Moreover, victim protection measures often lack coordination between different authorities like the police, courts, and welfare departments. Therefore, while legislative reforms have created a legal base for victim protection, there is a pressing need for stronger enforcement mechanisms, proper training of officials, and better public awareness to ensure that the laws truly benefit those they are meant to protect. 21 18 Protection of Children from Sexual Offences Act, 2012; Protection of Women from Domestic Violence Act, 2005.
19 Criminal Law (Amendment) Act, 2013; Ministry of Home Affairs, Notification No. 13/2013.
20 Ministry of Women and Child Development, One Stop Centre Scheme Guidelines, 2015
21 United Nations Development Programme, Strengthening Victim Support Services in India, 2016 Report.
Challenges
in Implementation of Victim Protection Laws in India Despite the growing body of victim-centric legislation and reforms in India, the implementation of these legal provisions faces several practical challenges. While laws such as Section 357A of the CrPC and the Witness Protection Scheme of 2018 aim to protect and support victims, their effectiveness is limited by structural, administrative, and social obstacles. These challenges often prevent victims from receiving timely justice, support, and compensation, thus defeating the purpose of such reforms. 22 One of the foremost issues is the lack of awareness among victims about their legal rights and entitlements. Many victims, especially those from rural areas or marginalized communities, remain unaware that they can seek compensation or support services.
This is compounded by the absence of effective public outreach and education programs by the government and legal institutions. Without proper information, victims rarely initiate applications for relief or resist participating in the criminal justice process altogether. 23 Inadequate infrastructure and funding is another major hurdle. The Victim Compensation Schemes formulated under Section 357A of the CrPC are state-specific, and many states do not allocate sufficient funds or manage the schemes efficiently. In several instances, compensation is either delayed for years or denied due to bureaucratic red tape. The lack of trained personnel in State Legal Services Authorities (SLSAs) also leads to inefficient handling of victim claims. 24 Delays in legal proceedings further aggravate the victim’s suffering.
Even when victims are willing to pursue justice, the long duration of trials, adjournments, and procedural complexities wear them down emotionally and financially. For instance, in sexual assault cases, victims often have to appear for repeated cross-examinations, which can be traumatizing. The absence of fast-track courts or victim-sensitive procedures in all jurisdictions contributes to revictimization during trial. 25 22Justice V. S. Malimath Committee Report on Reforms of Criminal Justice System, Ministry of Home Affairs, Government of India, 2003. 23 UNODC and Bureau of Police Research and Development, Handbook on Victim Assistance in the Criminal Justice System in India, 2011. 24 Commonwealth Human Rights Initiative, Crime Victim Compensation: A Critical Analysis, 2021, pp. 7–10.
25 Centre for Social Research, Access to Justice for Survivors of Sexual Violence in India, 2018.
Another critical challenge is insufficient witness and victim protection. Although the Witness Protection Scheme, 2018 has been declared enforceable by the Supreme Court, its practical implementation remains poor. In many cases, especially those involving powerful accused persons or organized crime, victims and witnesses face threats, coercion, or even violence. The fear of retaliation discourages victims from testifying, leading to high acquittal rates. There is also a lack of inter-agency coordination between the police, prosecution, and protection units. 26 Societal stigma and cultural barriers also hinder effective victim protection. In cases involving sexual violence or domestic abuse, victims particularly women face blame, isolation, or even threats from within their own families or communities. This discourages them from reporting the crime or claiming protection under the law.
Social ostracism often forces victims to withdraw complaints or accept informal settlements that do not serve justice. Laws alone are insufficient to overcome these deep-rooted societal attitudes. 27 Lack of victim-centric training among law enforcement and judicial personnel is another major concern. Police officers, prosecutors, and judges are not uniformly trained in dealing with victims sensitively. Victims often report being treated with indifference, hostility, or even suspicion by the police when lodging complaints. Moreover, improper recording of victim statements and mishandling of forensic evidence further weaken the case. The criminal justice system still largely views the victim as a passive witness rather than an active rights-holder. 28 There is also an absence of a centralized framework for victim support services.
While One- Stop Centres and helplines exist, they are not uniformly available or effectively managed across the country. Rehabilitation services such as counseling, legal aid, medical support, and vocational training are often fragmented and poorly funded. Victims may be shuffled between different agencies without receiving integrated or sustained support, which undermines their ability to recover and reintegrate into society. 29 Finally, data collection and monitoring mechanisms regarding victim protection are severely lacking. Without accurate data on how many victims apply for and receive compensation or protection, it becomes difficult to assess the success or failure of existing laws. The absence of 26Mahender Chawla v. Union of India, (2019) 14 SCC 615.
27 National Commission for Women, Study on Social Stigma Faced by Rape Survivors, 2015.
28 K. Chockalingam, Victimology
Essays in Honour of Prof. Rajan, Indian Society of Victimology, 2011.
29 Ministry of Women and Child Development, One Stop Centre Scheme Guidelines, 2015.
a national-level victim database limits policymaking and prevents the identification of patterns in victimization or systemic failure. 30 Conclusion India has made considerable progress in recognizing the rights and needs of crime victims through various legislative initiatives and judicial pronouncements. The inclusion of victim compensation provisions under Section 357A of the Criminal Procedure Code, the implementation of the Witness Protection Scheme, 2018, and the establishment of special laws such as the Protection of Women from Domestic Violence Act, 2005, and the POCSO Act, 2012, represent important milestones in strengthening the legal framework for victim protection. These developments signify a shift from a system solely focused on punishing offenders to one that also acknowledges the harm and trauma experienced by victims.
31 However, despite these advancements, the criminal justice system in India continues to reflect a predominantly offender-centric approach. Victims are still often treated as secondary actors in criminal trials, with limited voice or agency in the proceedings. The lack of consistent and efficient implementation of victim-related laws further exacerbates this problem. Victims frequently encounter delays in receiving compensation, face insensitive treatment from authorities, and experience intimidation or threats when involved in serious cases. As a result, many victims lose faith in the system and choose not to report crimes or pursue justice. 32 There is an urgent need for reforms that move beyond tokenism and offer substantive protection and support to victims at all stages of the criminal justice process.
First, victim participation must be institutionalized by allowing them a more active role during trials, including access to legal representation and the right to be heard at sentencing and bail hearings. Countries such as the United States and several EU nations have adopted laws that grant victims certain procedural rights in court, which India can learn from. A rights-based approach would ensure that victims are not sidelined once the trial begins. 33 Second, the compensation and rehabilitation process must be made victim-friendly and timebound. At present, many victims struggle to navigate bureaucratic procedures when applying 30 National Human Rights Commission, Annual Report on Victim Compensation and Support Services, 2022.
31 Law Commission of India, 154th Report on the Code of Criminal Procedure, 1973 (1996).
32 Commonwealth Human Rights Initiative, Crime Victim Compensation
A Critical Analysis, 2021, pp. 15–19. 33 UNODC, Good Practices in Supporting Victims of Terrorism within the Criminal Justice Framework, 2015. for compensation, and there is no uniform standard across states. A central legislation that standardizes compensation schemes across India, with provisions for timely disbursement, legal assistance, and interim relief, is the need of the hour. Additionally, compensation should not be linked solely to the conviction of the offender, as justice is often delayed or denied in cases of acquittal due to technicalities. 34 Third, the integration of support services such as trauma counseling, shelter, vocational training, and medical aid must be strengthened. One-Stop Centres and District Legal Services Authorities should be empowered with adequate infrastructure and trained personnel to provide holistic care to victims.
Collaboration between the police, health departments, NGOs, and the judiciary is essential to create a coordinated support network. Furthermore, special attention must be given to vulnerable groups such as women, children, LGBTQ+ individuals, and persons with disabilities who face heightened risks of victimization. 35 Fourth, law enforcement and judicial officers should undergo regular, mandatory training on victim rights and trauma-informed approaches. Sensitization programs must be institutionalized within police academies and judicial training institutions to ensure that victims are treated with dignity and compassion. These programs should also address unconscious biases and emphasize the importance of victim-friendly procedures, such as private testimony, shielding victim identity, and prompt medical examinations.
36 Finally, establishing a national victim database and annual audit system is crucial for tracking the progress of victim services and policies. This would help in identifying implementation gaps, regional disparities, and emerging trends in victimization. Regular publication of such data can encourage transparency, accountability, and evidence-based policymaking. Moreover, it would allow the government to assess the impact of reforms and take timely corrective action. 37 In conclusion, while India has taken meaningful steps toward the protection of victims of crime, there is still a long journey ahead to make these rights effective in practice. A comprehensive,
34 Ministry of Home Affairs, Advisory on Victim Compensation Scheme, Government of India, 2013.
35 National Legal Services Authority (NALSA), Annual Report on Legal Aid Services and Victim Assistance, 2022. 36Bureau of Police Research and Development, Standard Training Module on Victim-Centric Policing, 2021.
37 National Human Rights Commission, Annual Review of Victim Support Services in India, 2022.
victim-centered criminal justice policy grounded in human rights, procedural fairness, and social welfare is essential to build a system where victims are treated not merely as witnesses but as individuals deserving of justice, respect, and healing. Strengthening victim protection is not only a legal necessity but also a moral imperative for any just and humane society.38
38 K. I. Vibhute and Arthina Satya, Victimology and the Law, LexisNexis, 2020, pp. 304–312.