Retribution To Restoration - Evaluating Victim Rights In The Bhartiya Nyaya Sanhita
Author: LawSphereX
Category: General Law
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RETRIBUTION TO RESTORATION: EVALUATING VICTIM
RIGHTS IN THE BHARTIYA NYAYA SANHITA
Vani Mishra, BBA LLB, MIT World Peace University, Pune
ABSTRACT
The Bhartiya Nyaya Sanhita (BNS), 2023, signifies a major change in India's criminal justice system by prioritizing victim rights and enhancing compensation mechanisms. This legislation replaces the colonial-era Indian Penal Code (IPC) and aims to establish a more victim-focused approach to justice. A prominent feature of the BNS is its focus on delivering justice for victims through various provisions for compensation, expedited trials, and improved legal protections. The BNS acknowledges the essential need to assist crime victims beyond traditional punitive measures. It prescribes an organized method for victim compensation, ensuring that victims of serious crimes receive both financial and rehabilitative support. This measure aligns with international standards in victim protection and acknowledges that justice is incomplete without addressing the harm experienced by victims.
By including compensation within its legal framework, the Sanhita ensures that victims are not left to handle financial and emotional difficulties on their own. Furthermore, the BNS strengthens legal rights for victims, especially in instances of sexual violence, domestic abuse, and other crimes affecting vulnerable groups. It enhances procedural protections to guarantee victim involvement in trials, safeguards their dignity, and demands fair treatment from law enforcement officials. Additionally, the Sanhita implements measures aimed at reducing the delays in the delivery of justice, thereby preventing prolonged trauma for victims and ensuring that grievances are resolved promptly. A distinctive aspect of the BNS is its victim compensation system, which is designed to be more efficient and effective than previous frameworks.
The statute mandates the prompt distribution of compensation funds and establishes accountability within the judicial system to guarantee compliance. This provision not only acknowledges the financial challenges victims face but also encourages their rehabilitation and reintegration into society. The victim compensation initiative is expected to be executed in partnership with state governments and legal aid organizations, providing a comprehensive support network. Moreover, the BNS enhances witness protection protocols, acknowledging the importance of victim testimony in achieving convictions. The law introduces protections
against intimidation and coercion, enabling victims and witnesses to engage in legal processes without fear. By bolstering these protections, the BNS empowers victims to pursue justice confidently. Comparing the BNS with prior legal frameworks highlights its progressive stance on victim rights. While older laws offered a limited framework for victim compensation, the BNS formalizes a more organized and legally enforceable mechanism.
ARTICLE
The Indian Penal Code is an indispensable element that proceeds as a determinative in the realm of Indian Law and has been providing relief to the aggrieved from the 1860’s. The Indian Penal Code with an archival base has been helpful and accommodating with the help of its factual and valuable remedies. Regardless of its rich history and a foundation for Law in India, on 12th August 2023, the Indian Penal Code, 1860 was replaced with The Bhartiya Nyaya Sanhita. The Bhartiya Nyaya Sanhita commonly known as the BNS is an epitome which apprises us that with re-examination of society, current and existing Laws need to be revised with modern amendments to have a standpoint in the legal domain. Able to recognize the need for revolutionization, the Bhartiya Nyaya Sanhita was conceptualized as an inheritor for the Indian Penal Code, 1860.
Through vast and voluminous consultation and valuable inputs from the Standing Committee of Home Affairs, the Bhartiya Nyaya Suraksha Sanhita was conceptualized to bridge all the gaps that exist between time honoured Law and the state-ofthe-art Law. With a comprehensive and integrated approach towards legal reforms and insights that have been accumulated through decades of legal practices and various societal reforms, the Bhartiya Nyaya Sanhita has achieved a significant milestone in the Indian legal history. Victim can be described as someone who has individually or collectively suffered mental or physical harm or injury. The harm or injury can range from economic losses, detriment in Fundamental Rights and harm through violation of any existing Law.
Victim can also receive compensation and relief if dead or is not able to react through Victim’s Spouse, a relative dependent of the victim and anyone who has custody of the victim or custody of victim’s dependent. Under section 2 (y) of the Bhartiya Nagarik Suraksha Sanhita, a victim means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person
and includes the guardian or legal heir of such victim. Uniform with the case of 1Vikram Manshani vs Praveen Sharma 2024, the Section 413 of the Bhartiya Nagarik Suraksha Sanhita states that the victim shall have right to prefer an appeal before the appellate forum and for preferring appeal no leave is needed. Therefore, the present appeal should have been filed before the District and Sessions Judge concerned. After the judgement, the Rajasthan High Court rejected the petition and upheld that applicant to file a regular appeal as no leave of the court is required in the present case. Victimology is a term that has been prevalent from centuries. The initial stages of this concept were laid down during the mid-1990s and were used to describe many legal theses.
During the years of 1947, Bejamin Mendelson who was a criminologist created a victim typology and adapted the usage of the term victimology to construe the scientific study of crime victims. Criminology and Victimology are kindred spirits and go hand in hand helping each other. On one hand criminology studies the crimes- how do they happen? And how are they done? Victimology on the other hand is the study of deep-rooted causes of victimization, the consequences and how a criminal justice system pledges to shelters the victims. Cases like 2Megan Kanka Murder case of 1994 where a seven-year-old was rape and murdered by her neighbour in new jersey which in result originated the Megan’s Law where sex offenders are registered and a public notification is issued regarding the sex offenders of the communities have had a huge impact on the field of victimology.
The Victim Compensation Scheme is a tool that acts like a boon for the Indian Justice System. Victim Compensation Scheme is an exclusive concept that has been developed and formulated by the Justice system to secure Justice for the victims that have suffered. There is a constant need for change and accordingly the modern justice system also improved the relief mechanism by providing compensation to the victims that have suffered. The Insensitivity and Insouciance of the India Penal System towards the Victims of Rape is palpable in failure of the system to provide sensitivity emotional needs of the Victim. When the emotions and mental stability of a Victim is disregarded, a very essential element of taking care of the masked distress and shame that is present within the victim is also disregarded. Uniform with the case of 3Velasquez Rodriguez v Honduras, the European Court
1 Vikram Manshani v. Praveen Sharma, No. 384/2024, at 1 (Raj. HC Aug. 6, 2024)
2 State v. Timmendequas, 161 N.J. 515, 737 A.2d 55 (1999)
3 Velásquez Rodríguez v. Honduras, Judgment (July 29, 1988), Inter-Am. Ct. H.R. (Ser. C) No. 4 (1988)
upheld that it is the responsibility of the state to take logical decisions and act with sensitivity in such situations of human right violations. The notion regarding the rights of the victim has been gradually grandfathered during the last few decades because of the UN declaration regarding Basic Principles of crime and Abuse of Power in 1985. Cases like 4Delhi Domestic Working Women’s Forum vs Union of India 1995 emphasised greatly on the need of compensation for Rape Victims in India and urged the government to create a Victim Compensation Scheme to Provide Financial Assistance for the victims suffered. Bhartiya Nyaya Sanhita in affiliation with the Bhartiya Nyaya Suraksha Sanhita Introduced a comprehensive approach towards the victim compensation scheme to compensate the victims central to the crimes in India.
Section 396 under Bhartiya Nyaya Suraksha Sanhita establishes a comprehensive framework for victim compensation. According to Section 396 of the Bhartiya Nyaya Suraksha Sanhita, the state government in coordination with the central government compulsorily mandates to build a scheme to provide financial compensation to victims or their dependents who have suffered. The amount for the compensation is decided by the District Legal Service Authority or the State Legal Service Authority. In rare situations where the offender of any case remains unidentified without any occurrences of trial, then the victim can apply directly to District Legal Service Authority or the State Legal Service Authority. This section provides a timely victim compensation with a reasonable legal process. A recommendation is provided to the Legal Services Authorities and compensation is
determined within two months after a well-established Enquiry. The compensation provided under Section 396 is based on the on fines imposed under offences under the Bhartiya Nyaya Sanhita. The Bhartiya Nyaya Sanhita (BNS), 2023, introduces significant changes to India’s criminal justice system, including enhanced protection and rights for victims Bhartiya Nyaya Sanhita introduces strict timeframes for investigations and trials, reducing delays in justice delivery. It Emphasis on technology-driven processes, such as electronic evidence, enhances efficiency. It Expands the definition of sexual offenses, making laws more comprehensive. Bhartiya Nyaya Sanhita Mandates use of forensic evidence in serious crimes, strengthening case integrity. It Encourages online FIR filing, making justice more accessible. The BNS 2023
4 Delhi Domestic Working Women's Forum v. Union of India, (1995) 1 S.C.C. 14 (India)
marks a shift towards a victim-centred legal system, ensuring faster justice, stronger protection, and enhanced victim rights. By addressing long-standing gaps in criminal law, it strengthens India’s commitment to justice and fairness. The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) describes the guidelines concerning appeals in criminal cases within Chapter XXXI, starting from sections 413. Important sections include: - Section 413: States that no appeal can be made from any judgment or order of a Criminal Court unless specified by the Sanhita or other applicable laws. - Section 414: Provides the right to appeal against orders that require security for maintaining peace or good behaviour, or against orders that deny acceptance of a surety. Such appeals should be taken to the Court of Session.
- Section 415: Outlines the options for appealing convictions: o Convictions made by a High Court exercising its extraordinary original criminal jurisdiction may be appealed to the Supreme Court. o Convictions from a Sessions Judge, Additional Sessions Judge, or any court imposing imprisonment of more than seven years may be appealed to the High Court. o Other specified convictions can be appealed to the Court of Session. o Appeals concerning certain sentences under the Bhartiya Nyaya Sanhita, 2023, must be resolved within six months from the date of filing. - Section 416: Restricts appeals in instances where the accused has admitted guilt, with exceptions related to the severity or legality of the sentence. • Section 417: Bans appeals in minor cases, such as when certain courts issue sentences of not more than three months of imprisonment or fines below defined amounts.
• Section 418: Empowers the State Government to appeal against sentences deemed inadequate to the High Court. • Section 419: Allows appeals in acquittal cases, subject to specific conditions and necessary permissions. - Section 421: Grants a special right of appeal when multiple individuals are convicted in a single trial, enabling any or all of them to appeal if an appealable judgment or order has been issued. These sections collectively create the structure for the appeal process under the BNSS, defining the rights, restrictions, and procedures for filing appeals in
criminal matters. Bhartiya Nyaya Sanhita imposes harsher penalties for rape, gang rape, and sexual harassment, ensuring stricter deterrence. There is an establishment of new provisions addressing child exploitation and trafficking more effectively. There is an Increased focus on compensation and rehabilitation for victims. It focuses on Strengthening witness protection measures, ensuring victims and witnesses are safeguarded from intimidation. Victims, especially women and minors, get priority access to legal aid and psychological support. Death penalty or life imprisonment for mob lynching and sexual violence leading to death. Establishment of Tougher punishment for organized crime, terrorism, and corruption, reducing repeated victimization. Victims can now participate more actively in trials.
There is increased use of victim impact statements, allowing them to express how crimes affected them. In conclusion, the article provides a detailed overview of all the aspects that are related to victims and the mechanism to provide financial compensation to the one suffered. The Bhartiya Nyaya Sanhita through its modern appeal plays a crucial role in strengthening the victim rights and providing them compensation that is suitable for them. The success of victim compensation and protection initiatives relies on sufficient funding, administrative effectiveness, and victim awareness regarding their rights. The law enforcement and judicial systems must work in tandem to ensure that these provisions result in real benefits for victims.
In summary, the Bhartiya Nyaya Sanhita represents a significant shift in India’s legal framework by emphasizing victim rights and enhancing compensation mechanisms. By institutionalizing support systems for victims, speeding up the justice process, and reinforcing legal protections, the BNS strives to create a fairer and victim-centred criminal justice system. Effective implementation will be crucial in making sure that the BNS achieves its goal of delivering justice not only to society but also to individual victims of crime.
REFERENCES
1. Sakshya Adhiniyam, Reforming the Criminal Justice System in India: An Analysis of
Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya, https://thelegalquorum.com/
2. Madhvi Raje, Victim rights under Criminal Law System, https://blog.ipleaders.in/
3. Sadhana G, Empowering Victims in India Through Criminal Justice System,
https://www.legalserviceindia.com/
4. Rest The Case, Victim's Rights In BNS : Ensuring Justice And Support,
https://restthecase.com/
5. Bharat Law, How to Apply for Victim Compensation Scheme Under BNSS
2023, https://www.bharatlaw.ai/