Introduction
The Indian criminal justice system has long faced criticism for being offender-centric—where the rights of the accused often outweigh the rights and voices of the victim. However, with the introduction of three new criminal laws in 2023—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—India takes a significant step toward correcting this imbalance.
These new laws aim to recognize, empower, and involve the victim more actively in the criminal justice process, aligning with global principles of victimology.
Evolution from the Past
Under the old regime (Indian Penal Code, CrPC, and Indian Evidence Act), victims had limited roles:
• They could file a complaint, appear as a witness, and seek compensation through Section 357 CrPC.
• Appeals against acquittals were not directly available to victims unless permitted by the state.
But things have changed.
Key Victim-Centric Provisions in the New Laws
- Right to Appeal Against Acquittal (BNSS)
Under Section 372 Proviso of BNSS, the victim is now explicitly empowered to file an appeal against acquittal, discharge, or a lesser sentence—without waiting for state permission.
This marks a powerful shift, recognizing victims as a stakeholder in justice, not just a spectator.
2. Right to Be Heard at Every Stage
BNSS provisions provide greater recognition to the victim’s right to participate:
• In bail hearings
• During plea bargains
• While considering compounding of offences
This ensures that their voice is not ignored in decisions that directly affect their rights.
3. Victim Compensation Mechanism Strengthened
While compensation existed under the old laws, BNSS lays emphasis on the State’s duty to create and fund victim compensation schemes, especially in cases involving serious bodily harm, sexual offences, and acid attacks.
BNS also recognizes “restitution of victims” as a key sentencing objective, not just punishment for the offender.
4. Protection of Identity & Privacy
In line with the victim’s dignity, BNS and BNSS contain provisions that ensure:
• Protection of the identity of victims (especially in sexual offences)
• In-camera trials for sensitive matters
• Witness and victim protection measures to prevent intimidation
5. Time-bound Trials in Heinous Crimes
The new laws stress speedy trial timelines, especially in crimes like rape, child abuse, and murder. A faster process is crucial to reduce the trauma victims face due to long legal battles.
Constitutional Backing
These victim rights are also in sync with Article 21 of the Constitution, which guarantees protection of life and personal liberty. The Supreme Court has interpreted this to include the right to justice, dignity, and participation in the criminal process.
Challenges Ahead
While the legal framework has improved, implementation remains key:
• Awareness of rights among victims is still low.
• Legal aid and support services need to be strengthened.
• Training of police and judiciary is essential to enforce these provisions meaningfully.
Conclusion
The introduction of BNSS, BNS, and BSA marks a paradigm shift in India’s criminal jurisprudence—from being merely offender-focused to being victim-inclusive. These laws give victims not just a place in the courtroom, but a voice in the justice process.
Justice is not complete unless the victim feels heard, respected, and restored.
