Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights
AbstractIn India, the inclusion of victims in the criminal process started slowly with the 1973 Criminal Procedure Code providing for victim compensation from fine imposed on the offender. It has since traversed a patchy path with the major reforms introduced in legislation post recommendations in t...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Taylor & Francis Group
2023-12-01
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| Series: | Cogent Arts & Humanities |
| Subjects: | |
| Online Access: | https://www.tandfonline.com/doi/10.1080/23311983.2023.2286071 |
| _version_ | 1797393532537798656 |
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| author | Megha Nagpal Chandrashekhar Rawandale |
| author_facet | Megha Nagpal Chandrashekhar Rawandale |
| author_sort | Megha Nagpal |
| collection | DOAJ |
| description | AbstractIn India, the inclusion of victims in the criminal process started slowly with the 1973 Criminal Procedure Code providing for victim compensation from fine imposed on the offender. It has since traversed a patchy path with the major reforms introduced in legislation post recommendations in the Malimath Committee Report and the 2009 Amendment to the Code. The present paper highlights crime victim’s position in the Indian Criminal Justice System tracing the evolutionary development of victim justice in India highlighting its reasons and progress while contrasting with that in the United States of America. It brings to light that victim rights in both common law countries have essentially been a result of social movements having the effect of visible changes in legislation. The paper reviews the literature on victims’ rights in a semi-structured method based on thematic analysis by dividing literature into dominant themes: victims’ informational rights, participation rights, and restitution. The paper concludes that though Indian Supreme Court and Law Commission of India recognise the importance attached to crime victim’s role in the formal process, yet concrete rights for the victim have only been achieved in a limited sense. |
| first_indexed | 2024-03-09T00:04:59Z |
| format | Article |
| id | doaj.art-63f651d67eb04e89974702a033e31a8f |
| institution | Directory Open Access Journal |
| issn | 2331-1983 |
| language | English |
| last_indexed | 2024-03-09T00:04:59Z |
| publishDate | 2023-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Arts & Humanities |
| spelling | doaj.art-63f651d67eb04e89974702a033e31a8f2023-12-12T13:29:43ZengTaylor & Francis GroupCogent Arts & Humanities2331-19832023-12-0110210.1080/23311983.2023.2286071Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rightsMegha Nagpal0Chandrashekhar Rawandale1Symbiosis Law School, Symbiosis International, Deemed University, Pune, IndiaSymbiosis Law School, Symbiosis International, Deemed University, Pune, IndiaAbstractIn India, the inclusion of victims in the criminal process started slowly with the 1973 Criminal Procedure Code providing for victim compensation from fine imposed on the offender. It has since traversed a patchy path with the major reforms introduced in legislation post recommendations in the Malimath Committee Report and the 2009 Amendment to the Code. The present paper highlights crime victim’s position in the Indian Criminal Justice System tracing the evolutionary development of victim justice in India highlighting its reasons and progress while contrasting with that in the United States of America. It brings to light that victim rights in both common law countries have essentially been a result of social movements having the effect of visible changes in legislation. The paper reviews the literature on victims’ rights in a semi-structured method based on thematic analysis by dividing literature into dominant themes: victims’ informational rights, participation rights, and restitution. The paper concludes that though Indian Supreme Court and Law Commission of India recognise the importance attached to crime victim’s role in the formal process, yet concrete rights for the victim have only been achieved in a limited sense.https://www.tandfonline.com/doi/10.1080/23311983.2023.2286071crime victim rightsIndian criminal justice systemcriminal procedurevictim justicevictim participation rights |
| spellingShingle | Megha Nagpal Chandrashekhar Rawandale Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights Cogent Arts & Humanities crime victim rights Indian criminal justice system criminal procedure victim justice victim participation rights |
| title | Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights |
| title_full | Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights |
| title_fullStr | Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights |
| title_full_unstemmed | Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights |
| title_short | Tracing journey of crime victim’s position under Indian law with evolutionary insights from the United States’ federal code on victims’ rights |
| title_sort | tracing journey of crime victim s position under indian law with evolutionary insights from the united states federal code on victims rights |
| topic | crime victim rights Indian criminal justice system criminal procedure victim justice victim participation rights |
| url | https://www.tandfonline.com/doi/10.1080/23311983.2023.2286071 |
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