RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx

Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.

1. KAZI NAZRUL UNIVERSITY,ASANSOL,W.B SAIF JAVED STUDENT OF LL.M, CRIMINAL LAW AND CRIMINOLOGY (3rd SEMESTER) REGISTRATION NUMBER – 100223360003 OF 2022-23 COURSE CODE – LLMMJE302

2. RIGHTS OF VICTIM’S “Victims are often the forgotten component in the analysis of crime”

3. INTRODUCTION & DEFINITIONS Victim defines as people who have “suffered harm,including physical or mental injury,emotional suffering, economic loss or substantial impairment of their fundamental rights,through acts or omissions that are in violation of criminal laws”. Section 2( wa ) Cr. P.C. defines victim as; “Victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.

4. RIGHTS OF THE VICTIM To have their case reported and recorded To be informed of all services available to victims To be informed of the progress of the investigation To be told of any arrests and charges To be informed of all hearing dates To be informed of their role as witness To be protected from the accused To be compensated for damages resulting from the crime. Right to privacy Right to restitution Right to speedy proceedings Right to be treated with self-respect Right to be heard.

5. CASE : R V LONGMAN V. THE QUEEN (1989)HCA 60 FACTS: Mr. Longman sexually intervened with his step daughter numerous times while asleep, once when she was six and the other time when she was ten. The victim did not report this crime at the time due to her age and fear of the perpetrator being violent as he has a nature of aggression. Eventually she reported the offence 25 years after the first assault and 21 years after the second assault as to obtain justice from the criminal system . DECISION: Mr. Longman was fined $2000 for each offence and was ordered to be imprisoned until such fines were paid which would not exceed three months imprisonment. Violation of Victims right “to be protected from the accused”.

6. Victim’s Justice in India The UN Declaration recognised four major components of the rights of victims of crime: access to justice and fair treatment; Restitution compensation rehabilitation.

7. Remedial Measures to Victim’s Empowerment Over a period of time, the following measures have been initiated in India for empowerment of victims of crime and human rights violations: *Victims‟ Compensation in the Criminal Procedure Code, 1973 u/s 357-59 *Administrative Measures During last decade, the Government of India has framed various schemes to strengthen victim‟s justice however their implementation at grassroots level has always been questioned due to procedural lapses. *Judicial Measures a)Supreme Court U/A-32, High Court U/A-226 of Indian Constitution.

8. PROBLEMS • According to the International Crime Victims Survey there are more than 50% of victims not satisfied with the treatment of the police to them. • Many others end up severely traumatized by the criminal justice system. • Further 20% stated that the police failed to keep them informed about the progress of the case thus violating the victims' rights of "to be informed of the progress of the investigation".

9. REFORMS The NSW Law Reform Commission states "as society evolves, the law needs to change to reflect, among other things, economic and technological developments, different social values and new concepts of justice. Law reform commissions are one of a number of agents of change which operate to alter our law and its administration"

10. CONCLUSION Justice for society involves the legal system giving members of society the reassurance and peace of mind that they live in a safe environment. Therefore an effective and efficient criminal justice system works together with society and with the victim and offender's rights to obtain the greatest possible happiness for the greatest possible number of people.