RIGHTS OF VICTIM UNDER CRIMINAL PROCEDURE CODE

Introduction

The criminal procedure code provides for the definition of a victim. The term victim under CRPC connotes that; a person suffers any kind of injury or loss in reference to any act or omission which the accused commits. This definition also covers the heir or guardian. When we read about the victim CRPC also talks about some protection and rights given to him.

Talking broadly about the provisions in the same regards; section 160 of the code envisages in itself; that a man or woman, who is under 15 years of age need not show his/ her attendance to a police officer; other than the place where such man or woman resides. This provision is not applicable to a woman or child who is suspicious in that connection.

Provisions under crpc regarding rights of the victim

In section 439 of CRPC; the victim has the power to give an opinion on behalf of granting bail to the accused person. The other provision in the same respect I.e. section 439(2) gives that the victim can move to the high court in respect of revocation of bail; which is granted by the lower court to the accused person.

In respect to the same connotation section 162 of CrPC envisages in itself the protection to the victim against police intimidation. And section 25 of the Indian evidence act also provides the same protection where the witness statement to the police officer is not admissible as evidence. Section 163 of CrPC tries to protect the witness from any kind of threat given to him or the promises made by police officials in respect of the matter in question.

Section 311 of Crpc in that respect gives the power to the police officials that they may summon a witness and can re-examine him; if the evidence given by him is necessary for adjudication purposes and to reach a fair decision in the matter of concern. The victim has also the inbuilt right under section 154(2) of Crpc that he needs to get a copy of FIR immediately and that to be given to him free of cost by the officials.

And if the police officials refuse to report an FIR and refuse to take any action against the same then the victim has the right to report this to the superintendent of police. Section 154(3) talks about it. In the case where the complaint procedure fails in reference to section 190 of crpc, the victim has the power to file before the magistrate a complaint in the same respect. The magistrate will examine the complaint. And will look into the matter in some respect and do the investigation of the case and can also direct the police officials for direct investigation.

Under section 406 of crpc the victim has the power; to apply to Supreme Court so that the trial can be transferred as to free trial right.

Conclusion

The movement for victim assistance will have to take a leap of faith for a long way;  before any tangible result is out. The efforts should be given in respect to make the victims the essential part of the justice system; from the present status position of the forgotten entity in the criminal justice administration. It is to be remembered that; no sound criminal justice administration can afford to ignore the rights and plights of the victims.

The victims should have a say at the investigation stage; at the evidence stage; the stage of deciding the question of bail; at the stage of the imposition of quantum and character of sentence on the accused. And also at the stage of granting parole to the accused post-conviction.

The victimology movement which has emerged in many parts of the world insists on; making victims an integral part of the criminal justice administration by giving them opportunities of hearing. Our criminal justice system needs a system that is more sensitive to the plights of the victims

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