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Introduction To The Topic

The document discusses how victims are neglected in the criminal justice system. It notes that while the rights of the accused are protected, victims are not participants in legal proceedings against offenders and their needs and interests have been grossly ignored. Victims suffer harm from both the accused and prosecution agencies. While crimes are considered offenses against society and the state, the document argues victims should have more consideration and compensation under the law for the harms they endure. It quotes a Supreme Court justice noting the weakness of the system is that victims do not receive adequate attention from the law.

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Divya Bharti
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76 views2 pages

Introduction To The Topic

The document discusses how victims are neglected in the criminal justice system. It notes that while the rights of the accused are protected, victims are not participants in legal proceedings against offenders and their needs and interests have been grossly ignored. Victims suffer harm from both the accused and prosecution agencies. While crimes are considered offenses against society and the state, the document argues victims should have more consideration and compensation under the law for the harms they endure. It quotes a Supreme Court justice noting the weakness of the system is that victims do not receive adequate attention from the law.

Uploaded by

Divya Bharti
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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VICTIM: A NEGLECTED SIDE IN THE CRIMINAL JUSTICE SY

VICTIM: A NEGLECTED SIDE IN THE CRIMINAL JUSTICE SYSTEM

A criminal justice system is the system by which society first determines what will
constitute a crime and then identifies the accused, tries him, and if found guilty
convicts him and punishes him for violating the criminal law.Criminal justice
administration is one of the major sectors of public administration, broadly
comprising three principal components, viz., police (i.e., law enforcement);
judiciary (i.e.,adjudication); and correctional institutions. (i.e., jails,
prisons,probation and parole). In a criminal justice system, these distinct agencies
operate together both under the rule of law and as the principal means of
maintaining the rule of law within society. Its basic objective is not only to enforce
law, but also to ensure equity and justice. Its success or failure determines the fate
of societal progress. The principal purpose of criminal justice system is to preserve
and protect the Rule of Law which implies enforcement of law, maintenance of
order, fair trial and punishment of offenders, and their social rehabilitation through
correctional system of justice. To ensure that innocents are not victimized by the
criminal justice delivery system, the accused has been granted certain rights

and privileges.These rights of the accused or the convict are safeguarded by the
constitution as well as various statutory provisions.

The victims who put the law in motion are usually the forgotten people in the
criminal justice delivery system. His participation remains at the periphery of the
criminal justice system as the initiator of the prosecution and as witnesses of the
prosecution when desires. He is neither participant in the proceeding launched
against the offender nor a guiding element in any stage of the prosecution.

There has been gross neglect of the victims need and interest. In addition he is
made to suffer not only in the hand of accused and their associates but at the hand
of prosecution agencies. The law even does not afford him any relief by way of
compensation or reparation for the harm suffered except to a limited extent.
The justification given for the exclusion of the victim from prosecution scene is
stated that the crime by and large is directed against the society as a whole and the
state which has taken upon itself to protect the life; liberty and property of
individual exercise the police power and its justice delivery system. It is also
bound to restrain the individual from taking law into his own hands. Another
reason forwarded is that the intervention of victim in prosecution process may
vitiate the fairness of trial and open the door-way to retributive and vengeful traits
that may vitiate fair trial.1

While highlighting the apathy of our criminal justice system Krishna Iyer, J. in
case of Rattan Singh v. State of Punjab11 aptly remarked thus, it is the weakness of
our criminal justice system that victims of crimes do not attract the attention of
law. In fact, the victim reparation is still the vanishing point of our criminal law.

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