Victim Rights Under The Bharatiya Nagarik Suraksha Sanhita, 2023: A Critical Analysis
Ms. Piyush Umesh KumbharOct 11, 202610.5281/zenodo.23297042pp. 423–43513 pages
The criminal justice system is not concerned only with punishing the offender. It must also recognise the person who has suffered because of the crime. For a long time, criminal proceedings in India were largely understood as a dispute between the State and the accused, while the victim had a comparatively limited role. The development of victim-oriented criminal justice has gradually changed this position. The Bharatiya Nagarik Suraksha Sanhita, 2023 BNSS introduces and continues several provisions which are important from the perspective of victims. These include the right to information, participation in legal aid programmes, compensation, medical facilities, witness protection and the right to appeal. The law therefore gives a right to victims to attempts a more meaningful position in criminal proceedings. However, the existence of a statutory right does not mean that the right will be effectively enjoyed. A victim may have a right to compensation but may face delay in receiving the right. A victim may have a right to information but may not know how to obtain the compensation. This paper critically examines the victim-oriented provisions under the BNSS and considers the gap between legal recognition and practical implementation. It also examines important judicial decisions which have contributed to the development of victim rights in India. The paper argues that the BNSS provides a stronger statutory foundation for victims, but its real success will depend upon awareness, effective legal aid, police and prosecutorial accountability, timely compensation and sensitive treatment of victims. The protection of victims must also be balanced with the accused right to a fair trial.