Access to Justice with special reference to victims of crimes in the Indian legal system

Abstract

The present status of the victim in the Indian legal system is marginalised to that of a serving role before the stakeholders of the criminal justice system. The Uand#771;N Declaration of Basic Principles for Justice for Victims of Crime and Abuse of Power 1985 mandates four principles: access to justice and fair treatment, restitution, compensation, and assistance. It is crucial how the present principles have been incorporated by the countries of UK, USA and in the national laws of India for the protection of victims of acid attack, rape under IPC, 1860 and child victims of sexual crimes under POCSO Act, 2012. The research also undertakes to understand the implementation of the victim compensation scheme in India, which is one of the statutory rights for victims of crime. Further, the research aims to understand how victims of crime get their due justice in the State of West Bengal with reference to disposed of case records of courts and District Legal Service Authorities for the offences of rape, acid attack and POCSO. The research aims to critically analyse laws and judicial decisions in India to make them victim-friendly, which would help to become a survivor of crime where the stakeholders can provide rehabilitation to the victims of crime and limit victimisation. newline