Unit 3: Right and Role of Victim

1. Rights of victims
2. Role of victim in criminal justice system
3. Victim’s assistance as witness
4. Victim support management
 1. Rights of Victim contd:…..

• The rights of a victim refer to the set of entitlements and protections that are
designed to ensure victim to receive fair treatment, support, and justice within the
criminal justice system.
• If the rights of a victim are violated, the victim may have the right to seek legal action,
filing a complaint with law enforcement or initiating a civil lawsuit. If the violation is
proven, the culprit will go criminal or departmental action and the victim may be
entitled to remedies and compensation.
• Rights are entitlements and they are fixed by law.
• Two jurisdiction:
o International: instruments and practice,
o Domestic: law and practices
 1. Rights of Victim
Right of victim can be different among varies legal system or countries. However,
following are rights of victim in all jurisdictions and criminal justice system:
1. Right to prompt justice, 1. Right to application or written application,
2. Right to be treated with fairness, respect, and 2. Right to (interim or permanent)
dignity, restitution or reparation,
3. Right to be free from discrimination (race,
3. Right to compensation, i.e. medical
gender, religion, nationality, or any other
characteristic). expenses, property damage, lost wages,
4. Right to privacy, and other economic losses,
5. Right to information, 4. Right to support services: i.e. shelter,
6. Right to protection (from intimidation, counseling, medical assistance and legal
harassment, retaliation and wrong medical aid
treatment etc.), 5. Rights to rehabilitation
7. Right to participate in the criminal justice
6. Right to appeal etc.
process: bail, hearings, sentencing etc,
 1. Rights of Victim contd:…….

UN Basic principles, victim Justice System, constitution and laws

describe, the rights of victim is to have:
Respect and recognition,
• The first and most fundamental need for victims is recognition,
• Human dignity is a fundamental right,
• Constitution Right
• Victims should be treated with compassion and respect for their dignity.
• Treating victims with compassion and with respect for their dignity is a
fundamental aspect of providing victims with justice
• These are core value of VJS.
 United Kingdom
• The most prominent legislation in England that showed concern for crime victims
was Criminal Justice Act, 1972. According to this Act payment of compensation was
the most appropriate action after the conviction of the offender. This Act was
subsequently replaced by Criminal Court Act, 1973.
• This Court Act empowered the courts to make the compensation order under Section
35(1) “by or before which a person is convicted of an offence”. The Criminal Court
Act, 1973 also went through several amendments and lastly replaced by Criminal
Justice Act, 1988.
• Apart from the compensation to the victim of crime by the offender, there is also a
scheme which provides compensation to the victim of crime by the State. The
Criminal Injuries Compensation Scheme was first introduced as an experiment on a
non-statutory basis in the year 1964 to provide ‘ex-gratia compensation’ to the
victims of crimes of violence and to those hurt in their attempts to arrest the
offenders and to prevent crimes. This scheme was revised in the year 1979.
 United Kingdom contd:….

The compensation awarded through the State Funded Criminal Injuries Schemes which
began in 1964 was modified in 1969, and 1990. Finally the Criminal Injury
Compensation Act, 1995 established a new tariff approach based on types of injuries
rather than individualized consideration of harm or damage.
The Act set a standard fixed payment ranging from 1000 to 250,000 pounds depending
upon the severity of injuries which were grouped into twenty five bands. The
subsequent enactments in UK considered reparation as other mode of doing justice
crime victims.
The Crime and Disorder Act, 1998, the Youth Justice and Criminal Evidence Act, 1999
have provisions of:
• Recognition of their status as a party of the dispute
• Reduce risk of inflicting further psychological harm on the victim
• Victim corporation, contd:…
 United Kingdom contd:….

• Preventing from the offender

• Improved efficiency of the system
• Sentencing, criminal justice agency
• Code of Practice for victim's crime 2006
• To appoint a police officer for coordination for victim and his/ her family
• Criminal injuries compensation
• Notice for victim for support program etc.
 USA
The victims’ movement in the United States involved the confluence of five
independent activities:
1. The development of a field criminology, called victimology,
2. The introduction of state victim compensation programs,
3. The rise of the women’s movement,
4. The rise of crime that was accompanied by a parallel dissatisfaction with the
criminal justice system,
5. The growth of victim activism.
The Victim Witness Protection Act, 1982 anticipated the recommendations of
the Task Force Report and incorporated important provisions concerning victims’
rights which included restitution by the victim impact statements at sentencing
of offenders. The Act also required the Attorney General to lay down the policies
for the protection of victims and witnesses.
• Crime Victim Compensation Program 1965 (California)
• In 1981 (April 19), President of Ronald Regan declared the week of Victim urging all
Federal, state and local officials involved in the criminal justice system to devote
special attention to the needs of victims of crime, and to redouble their efforts to
make system responsive. All elected and appointed officials to join in this effort to
make justice system more helpful to those whom it was designed to protect. And all
citizens, from all walks of life, to remember that the personal tragedy of the victim is
their own tragedy as well.
• Victim relief found 1984 was established by the Victims of Crime Act (VOCA) of 1984
which included:
o Medical costs.
o Mental health counseling.
o Funeral and burial costs. Contd:…..
Contd:….
o Lost wages or loss of support.
o Crisis intervention.
o Counseling.
o Emergency shelter.
o Criminal justice advocacy.
o Emergency transportation.

• The Mandatory Restitution Act, 1996 authorized the federal judges to order full
restitution from the offenders in the specific cases of fraud, property crimes,
consumer product tampering and drug crimes etc.
In 1990, Arizona passed ‘Arizona Victims’ Bill of Rights’. The following year, legislation
was implemented guaranteeing specific rights for crime victims.
To be treated with fairness, respect, and dignity, and to be free from intimidation,
harassment, or abuse, throughout the criminal justice process.
1. To be treated with fairness, respect, and dignity, and to be free from intimidation,
harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released
from custody or has escaped.
3. If the victim requests it, to be told about and be present at all criminal
proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a
negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant,
the defendant’s attorney, or any other person acting on the defendant’s behalf.
6. To speak with the prosecution after criminal charges are laid, before trial, or
before the case is decided, and to be told how the case is decided.
7. To read pre-sentence reports relating to the crime against the victim when they
are available to the defendant.
8. To receive prompt restitution from the person or people convicted of the crime
that caused the victims’ loss or injury.
9. To be heard at any proceeding when any post-conviction release from
confinement is being considered.
10. To a speedy trial or decision and prompt and final conclusion of the case after the
conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in
all criminal proceedings protect victims’ rights.
12. To be informed of these constitutional rights.
 Australia
• As in Europe and USA, victim support system started from 1970s-1980s. Women's
Refuges and Rape Crisis Centers, Royal Commission into Aboriginal Deaths in
Custody (1987-1991), and Establishment of Victim Support Programs (1980s-1990s,
National Framework for Victim Assistance (2003), National Compensation Scheme
(2009) etc. are major achievement.
• The Australian government established a National Compensation Scheme in 2009 to
provide financial assistance to victims of crime. Over the years, the victim support
system in Australia has continued to evolve and expand.
• Efforts have been made to enhance the accessibility of services, improve support for
specific groups such as children, victims of domestic violence, and victims of human
trafficking.
• Some states have established specialist victim support units within their police forces
to provide immediate assistance to victims at the scene of a crime.
 Victim's Charter Act 2006
• The Victims’ Charter, or Victims Charter Act 2006 (State of Victoria), provides
principles to ensure victims and persons adversely affected by crime are
acknowledged, respected and provided with necessary support.
• The Victims’ Charter outlines cultural and behavioural expectations for agencies and
their staff of which 8 principles apply to all agencies, 2 principles apply to
investigatory agencies, 5 principles apply to prosecuting agencies and 2 principles
apply to victim services agencies that provide support for victim impact statements
and the victims register.
• These 17 principles are about to recognise the impact of crime on victims, including
the impact on victims' families, witnesses and in some cases, the broader community,
should be treated with respect and should be offered certain information to help with
the recovery process, victim's role as a participant, but not a party, in proceedings for
criminal offences, to reduce the likelihood of secondary victimisation by the criminal
justice system etc.
These 17 principles of Victim's Charter Act 2006
1. Treatment with courtesy, dignity, 10. Victims’ property used as
and respect; evidence (to be handled in a
2. Special treatment of victims, lawful, respectful and secure
3. Special treatment of manner before it is returned)
disadvantaged persons 11. Updates on charges and bail
4. Information on available services 12. Victims giving evidence
and support 13. Updates on prosecution events
5. Making a complaint 14. Updates, consultation, and
6. Communication needs and reasons for prosecution decisions
preferences 15. Minimised contact between
7. Protecting personal information victim and accused
8. Victim representatives 16. Victim impact statements
9. Updates on investigations 17. Victims registers
 Germany:
Witness Protection Act, 1998 is in practice. The Act includes:
• Use of video technology for interviewing at risk witnesses (especially children
testifying as victims),
• Improved possibilities for ensuring the confidentiality of personal data of witnesses
at all stages of criminal proceedings,
• Provision of legal assistance for victims and witnesses.

Colombia:
• Office of the Attorney General has equal obligation to provide protection for
witnesses, victims and other parties to criminal proceedings.
• Faceless court.
 India
• Studies on victims started in India during the late 1970s. Since the 1980s, many
scholars have conducted studies in victimology.
• The Indian Constitution has not specific provision however the Constitution illustrates
that the state shall make effective provision for “securing public assistance in cases of
disablement and in other cases of underserved” as in Article 4 which has relevance to
victimology in a wider perspective.
• Article 51-A makes it a fundamental duty of every citizen of India “to protect and
improve the natural environment and to have compassion for living creatures” and
“to develop humanism.”
• This mandate expressly provided for in the Constitution, broadly forms the
constitutional underpinnings for victimology. Further, the guarantee against
unjustified deprivation of life and liberty has in it elements obligating the state to
compensate victims of criminal violence.
 India contd:…..
• The Code of Criminal Procedure 1973, Sec 358 has recognized the principle of victim
compensation. It authorizes magistrates to manage to provide compensation. It
further empowers the court to order a person to pay compensation to another person
for causing a police officer to arrest such other person wrongfully.
• Section 357A of the 1973 Criminal Procedure Code establishes a framework for
compensating victims, which was amended in 2009 by the Code of Criminal
Procedure Amendment Act, 2008. The same statute included a proviso to section 372
granting victims the right of appeal.
• In "Rattan Singh v. State of Punjab“, Justice Krishna Ayyar, 1980 mentions, It is a
weakness of our jurisprudence that the victims of the crime, and the distress of the
dependants of the prisoner, do not attract the attention of the law. Indeed, victim
reparation is still the vanishing point of our criminal law. This is a deficiency in the
system which must be rectified by the Legislature. We can only draw attention in this
matter.
• No dedicated law for victim.
• Malimath Committee (headed by Justice V.S. Malimath, former Chief Justice, Karnataka
and Kerala High Courts, constituted by union government, DPM LK Advani, on 2000)
study/recommend to improve India’s Criminal Justice System) recommended to
formulate a witness protection programme, reclassify offences, and involve the victim
in all stages of the trial. Recommendation about Justice to victims of crime were:
o The victim should be allowed to participate in cases involving serious crimes and
also be given adequate compensation.
o If the victim is dead, the legal representative shall have the right to implement
himself or herself as a party, in case of serious offences.
o The State should provide an advocate of the victim’s choice to plead on his/her
behalf, where the state bears the cost
o Victim compensation is a State obligation in all serious crimes.
o The Victim Compensation Fund can be created under the victim compensation law
and the assets confiscated in organised crimes can be made part of the fund.
• National Commission to review Constitution 2002 (establish to review the working
of the Constitution led by Justice Manepalli Narayana Rao Venkatachaliah was set
up 22 February 2000 (by Atal Bihari Vajpayee) to suggest possible amendments to
the Constitution of India, suggested to put greater emphasis on rights of victim
under the criminal justice system.
• Two major legislative actions which refer to victim assistance are Criminal Law
Amendement Act 2013 (Sec. 375C), Criminal Procedure code, 1973 guidelines and
protocols on medico-legal care for survivors/victim of sexual violence.
• They together create a duty on the public and private hospitals or health service
providers to give free and immediate medical treatment to victims of sexual
offences and acid attacks.
 Nepal
Constitution, specific Act, specific provisions of o
Sec 8: Right to information relating
related Acts court decisions and government to prosecution
policies. o
Sec 9: Right to information relating
• Constitution: Art 20 (8),(9),(10); (notification, to judicial proceedings
hearing, representation) 21 (1) (2), 38 (3), 39 o
Sec 10: Right to become safe
(10), 51 (policies- mediation/arbitration). o
Sec 11: Right to express opinion
• The Crime Victim Protection Act 2075 (S. 4-21) o
Sec 12: Right to appoint legal
o
Sec 4: Right to get fair treatment practitioner
o
Sec 5: Right against discrimination o
Sec 13: Right of attendance and
o
Sec 6: Right to privacy participation in hearing
o
Sec 7: Right to information relating to o
Sec 14: Right to stay in separate
investigation chamber in the course of hearing
o
Sec 15: Right to have property returned
o
Sec 16: To hold discussion as to the case related to offence
o
Sec 17: Right to make written application:
o
Sec 18: Right to get information as to compensation
o
Sec 19: Right to compensation and social rehabilitation
o
Sec 20: Right to make application and appeal
o
Sec 21 Duties of the victim: For the purposes of this Act, the duties of the victim shall
be as follows:
o
(a) To inform the offence on time to the competent body or authority
o
(b) To assist the investigating or prosecuting authority in the course of investigation
and prosecution of the offence,
 o
(c) To appear before the investigating authority or court to making statement,
deposition or submitting any evidence
o
(d) To provide real name, surname, address, telephone number, email address and
provide information of the change etc.
Sec 29: Power to order interim compensation,
Sec 41: Provision to compensation levy:
Sec 47: To provide from the fund (if not paid by the perpetrator)
 Nepal contd:…..

Domestic Violence (Offence and Punishment) Act, 2066,

• Sec 6: Interim protection order
• Sec 9, the Government of Nepal, as per necessity, may establish Service Centers for
the purpose of immediate protection of the Victim, and for the separate
accommodation of the Victim during the course of treatment. The Service Centre
shall provide, as per necessity, legal aid, psycho-consultation service, psychological
Service and economic aid to the Victim.
• Sec. 11. Service Centre,
• Sec. 12: Service Fund: (1) The Government of Nepal shall establish a Service Fund for
the operation of Service Centers
 Human Trafficking and Transportation (Control) Act, 2064

Sec. 13: Rehabilitation Center (1) Nepal government shall establish

necessary rehabilitation centers for physical and mental treatment, social
rehabilitation and family reconciliation of the victim.
(2) Any organization can obtain permission to establish and run rehabilitation center.
(3) Nepal government may provide economic support as well as other assistance, as
prescribed, to the center run under Sub-section (2).
(4) Center shall manage for the social rehabilitation and family reconciliation of the
person stationed at the Center.
(5) Center shall manage for the medical treatment and consultation service and facility
to the victims.
(6) No one shall make the victim in the Center engage in any work against his/her wish.
(7) Management, operation standard, monitoring of the rehabilitation center, skillful
training and employment, rehabilitation, family reconciliation.
Sec 14: Rehabilitation Fund : (1) Nepal government shall establish a rehabilitation
fund for operation of the rehabilitation center established
(2) The fund established under the Sub-section (1) shall receive contributions as
follows:
a) Funding received from Government of Nepal,
b) Funding received from national and internationalorganizations, and
individuals,
c) Half of the amount received as fines under
Compensation :
(3) Management and operation of the rehabilitation fund shall be as prescribed.
 The Caste-Based Discrimination and Untouchability
(Offence and Punishment) Act, 2068
Sec 9: Compensation (1) If a person is convicted of an offence under this Act, the
court may order the offender to provide compensation to the victim in a sum not
exceeding two hundred thousand rupees.
(2) If the offender has caused any physical harm or loss to the victim, the court may,
one the basis of the nature of such harm or loss, order the offender to provide
medical treatment cost or reasonable cost for additional damage or harm to the
victim.
(3) If it is not possible to have the amount referred to in sub-section (1) or (2)
recovered from the offender at the moment, such amount shall be recovered from
the victim relief fund in accordance with the prevailing law, and the amount so
recovered shall be recovered from the concerned offender and reimbursed into that
fund.
The Act Relating to Children 2075:
Sec 11, Art 78: right to privacy,
Sec 25: right to child victim: child friendly justice, in every stage of investigation,
prosecution and judicial process:
• (a). To get information on the language he or she understands,
• (b). To participate or be involved,
• (c). To keep the details of personal identification confidential,
• (d). To get recovery of the reasonable compensation from the offender (shall
not be considered as limiting the opportunity of the victim to receive
compensation from the State.
• (e). To get free legal aid and socio-psychological counselling service as required
and to appoint a separate legal counsel if he or she so wishes,
• (f) To get free service of the translator, sign language expert or interpreter if the
victim does not understand the language used by the investigating authority or
Juvenile Court,
 The Act Relating to Children 2075 contd:….

• (g) To get, free of cost, the copy of the documents including the decisions and
orders made by the investigating authority or Juvenile Court,
• (h) To get police protection for safety against the probable threat that may be
caused from the offender or his or her party,
• (i) To have his or her case heard in camera,
• (j) To have the indirect presence of the defendant in the course of hearing of
the case as required
Sec 28: (c), 29 right to victim in diversion,
Sec 35: Camera court,
Sec 70: Rescue, protection and health check-up of victim,
Sec 71: Rehabilitation centre,
Sec 73. Compensation etc.
 Vehicle and Transportation Management Act 2049
Preamble: …..enabling the victims of accidents to have compensation, ………..
Sec 163. Payment of medical expenses, obsequies expenses and compensation:
(1) (a) In the case of death, Ten Thousand Rupees as obsequies expenses and an
amount equivalent to personal accidents insurance to which the third party is
entitled pursuant to this Act if no third party insurance has been procured, as
compensation to the successor of the deceased;
(1) (b) In the case of disablement which is not functional despite being cured, an
amount equivalent to personal accidents insurance to which the third party is
entitled pursuant to this Act for disablement if no third party insurance has been
procured for compensation against the disablement, and Five Thousand Rupees as
medical expenses if such organ is functional.
(6) Payment of insurance amount for compensation to be borne by an insurance
company in accordance with the provisions set forth in this Section shall be caused to
be made as soon as possible.
 Vehicle and Transportation Management Act 2049 contd:……

Sec. 133 (Duty of driver in case of accident): (1) If an accident is caused by a motor vehicle,
the driver, conductor, security personnel of, or other employee working in, the motor vehicle
shall immediately make necessary arrangement for the treatment of that person.
(2) In the event of the absence of police personnel at the place where the motor vehicle has
met accident as mentioned in Sub-section (1), the driver shall immediately report to the
nearest police office, with information and particulars of the accident. If any police personnel
enquire the concerned driver of any matter connected with the accident, the driver shall
answer all matters asked.
Sec. 152. Third party insurance: (1) The owner or manager of a motor vehicle shall procure a
third party insurance of such amount as may be prescribed for the purpose of providing
compensation against a loss, if any, caused to a third party or any property belonging to the
third party in any manner due to the accident.
(2) If a motor vehicle accident results in a loss to a third party or any property belonging to
the third party, the third party or his or her successor is entitled to for compensation against
the loss.
 Muluki Criminal Code (MCC) 2074
• Sec. 32: Victim of crime to be entitled to obtain information of proceedings of case
and compensation:
• Sec 38(g)(छ): having confessed the offence committed and provided or agreed to
pay compensation to the victim, becomes mitigating factor of crime, vice versa Sec
39.
• Sec 48: Power of court to order interim compensation:
• Sec 136: Compensation to the victim of arm and ammunition victim.
• Sec 145: Compensation for victim of arms and ammunition victim.
• Sec 169: Reasonable compensation for the victim of torture.
• Sec 186: compensation to be paid for homicide offences,
 Muluki Criminal Code (MCC) 2074 contd:…

• Sec 193: Total compensation for victim of acid or other chemical, biological or toxin
substance.
• Sec 198: Compensation for victim of hurt or grievous hurt.
• Sec 204: Compensation to the victim of unlawful detention.
• Sec 217: Compensation to victim of kidnap and hostage taking
• Sec 228: Compensation to the victim of rape and sexual crime,
• Sec 239: Compensation to the medical negligence,
• Sec 254, 255, 256: Compensation to cheating, extortion, chemical mischief, larceny
etc victim
• Sec 303: Compensation for unauthorized damage
• Sec 307: Compensation in libel and slander act etc.
 Muluki Criminal Procedure Code (MCPC)
2074
• Sec. 32 (1) (m) (ड): While presenting a charge sheet, it should be mentioned that
the amount of compensation, if any, required to be awarded to the person who has
sustained injury from the offence,
• Sec. 34 (4) (5), (not to file a minor case of minor offence but) to forfeit the claimed
property and to establish ‘victim relief fund’ to cover failing such victim,
• Sec. 156 (5): If any defendant is not arrested, his property to be attached and
compensated to victim,
• Sec. 157: If any defendant is not arrested or died, his property may be auctioned
and compensated to victim, and extra property should be returned.
• Sec 158: If a defendant is died, his crime is excused but the victim should be
compensated.
• Sec. 165: Procedures for recovering personal claimed amount or compensation,
• Sec. 166. Recovery of amount under judgment from bail/bond,
 The Criminal Offences (Sentencing and Execution) Act, 2074
• Sec 13: Purposes of sentencing to be taken into account for giving justice to victim, (f)
victim’s satisfaction is recognized.
• Sec 16: Compensation and consideration of victim benefit’s benefit to be taken in
account while sentencing.
• Sec 18: One of the ground for determination of sentence of fine is deposition of victim
relief fund.
• Sec 19: In determination of fine, compensation to victim is also taken in consideration.
• Sec 24: To suspend the sentence of imprisonment, assistance in any work of victim is
to be considered.
• Sec 41: Payment of compensation to be ordered in case of injuries to victim,
• Sec 41(3): Compensation to hurt or grievous hurt including funeral and obsequies
expenses.
• Sec 41(7): If the victim of offence died, the amount of compensation to be given to
heir.
• Sec 42: Compensation to fulfill immediately
• Sec 44: agreement between victim and offender,
• Sec 45: Imprisonment for not-payment of compensation,
• Sec 47 (4): Criminal damage should be compensated.
• Sec 48: Victim Relief Fund,
• The amount of compensation under sub-section (1) shall be determined, having
regard to the following matters: (a) physical, bodily, mental and emotional injury
caused to the victim, (b) where the victim has died, the injury caused to his or her
heir, (c) the offender's financial source and condition, (d) condition of the victim and
his or her dependent, (e) such other matters as the Court holds appropriate.
Various Acts (studied in Unit 1):
• Torture Related Compensation Act 2053
• Child Labor (Prohibition and Regulation) Act, 2056
• Human Right Commission Act 2058
• Foreign Employment Act 2064 and Rule 2064
• Gender Equality Act 2063
• The enforced Disappearances enquiry Truth and reconciliation commission
Act,2071
• Labor Act 2074: protection of victim (Sec 132, victim’s family member and
trade union can file case)
• National Women Commission Act 2074
 Various Acts studied in Unit 1 contd:……
• National Minimum Standard, 2068 for the protection of the victim of Human
Trafficking and Transportation.
• The Crime Victim Protection Rule, 2077
• Prime Minister Helping Fund Rules, 2059 (to help renowned needy person)
• विशेष प्रकृतिका मुद्दाहरूको कारवाहीमा पक्षहरूको गोपनीयता कायम
राख्नेसम्बन्धी कार्यविधि निर्देशिका, २०६४ (enacted on 2064.09.10)
• Gender Based Violence Elimination Fund Regulation 2067
• Many national level Commissions and Committees have strongly advocated
victims’ rights and reiterated the need for a victims’ law.
• Victimology, victims’ rights and victim justice system are officially and
academically accepted in most of the syllabus of PSC, Law Universities and
various training centers like JSTC, NJA and Nepal Police Academy etc.
 2. Role of Victim in Criminal Justice System
• The criminal justice system is typically focused on the role of accused. It totally
ignores the victim’s concern. So it can be said that, there is no role in criminal justice
system. If victim doesn’t want to complain, victim never come into contact with the
criminal justice system.
• The traditional role of victims thinks that providing a victim the right to participate in
criminal justice proceedings leads to “secondary victimization.”
• Victim’s role is a Just a witness, or information provider,
• The Rome Statute of the International Criminal Court has expanded the role of the
victims: Article 53: to initiate investigation, the Prosecutor shall consider the gravity
of the crime and the interests of victims, Article 68: Protection of the victims and
their participation {(3): victims right to present their views and concerns directly to
the ICC Judges}, Article 75 Reparations to victims, Article 79 Trust Fund etc.)
 2. Role of Victim contd:……

Recent thought about role of victim is:

• The right of victims to participate helps to give effect to their right to reparations.
• Participation helps to afford victims a remedy and promotes restorative justice in the
affected communities.
• The participation of victims may lead to more successful prosecutions.
• Victims can be a rich source of information about their own abuse as well as the
victimization of others
Duty of victim (Crime victim Protection Act 2075, Sec 21) finds the role of victim in
CJS:, For the purposes of this Act, the duties of the victim:
• (a) To make or give information on time to the competent body
• (b) To assist the investing or prosecuting authority in the course of investigation
• (c) To appear before the investigating authority or court and to give proper
statement, deposition or submit evidence (not to refrain)
• (d) To provide accurate name, surname, address, telephone and details
 2. Role of Victim contd:……

The role of the victim in the criminal justice system is crucial and has evolved over time
to ensure their rights, protection, and participation in the legal process. Historically,
victims were often overlooked, with the primary focus being on prosecuting the offender.
The victim's role in the criminal justice system:
1. Reporting the Crime
2. Witness Testimony
3. Victim Impact Statements:
4. Restitution:
5. Victim Advocacy: Victim advocates
6. Victim Rights: to be informed about court proceedings, the right to be present at
certain hearings, and the right to be treated with fairness and respect.
7. Protection and Safety
 2. Role of Victim contd:……

8.Restorative Justice:
In some cases, restorative justice practices may be employed, which involve bringing
together the victim, the offender, and other affected parties to address the harm caused
by the crime and find ways to repair the damage.

9.Collaborating with Prosecutors

Recognizing the role of victims in the criminal justice system not only promotes their
rights and well-being but also contributes to a more comprehensive and fair approach to
addressing and preventing crime. It empowers victims etc.
 2. Role of Victim contd:……
In other words, the role of victims are:
• To inform of Crime
• To give real name and details
• To help for collect the evidence
• To help to arrest accused
• To be involved in decision making
• To be engaged in ‘Restorative Justice’
• To be involve in judicial processes
• To be involved in compensation and restitution
• To be involved in victim -offender meeting
• To help to frame ‘Victim Impact Report’
• To be involved in rehabilitation
• To appeal if not satisfied
• Duty of victim: constitution, law etc.
 Rights and Role of Victims
• Rights to access to justice and fair treatment: It includes information giving to concern
authority to fair and compassionate treatment with dignity, prompt redressal, fair and
inexpensive judicial trail mechanism, inclusion of mediation and arbitration and disposal
of case.
• Right to restitution: Fair restitution, replacement of community facilities and
reimbursement of the expenses of relocation whenever such harm results in dislocation
of a community, medicial expenses etc. (गुमेको सम्पत्ती फिर्ता र
क्षतिको सोधभर्ना)
• Right to compensation: If compensation is not fully recoverable from the offender or
other sources, it should be imbursed by the state. Financial compensation shall be
payable to victim who sustained significant bodily incury of impairment of physical or
mental health as a result of crime .
• Right to Assistance: Form of necessary material, medicial, psychological or social
assistance through governmental, voluntary person and institution. Availability of health
and social service and other personal concered, training to senitize these service for
 3. Victim’s Assistance as Witness
• The objective of the ‘victim’s assistance as witness’ ( promoted by ‘Victim Witness
Assistance Program’) is to ensure that victims and witnesses of crime, who have
suffered physical, financial, or emotional trauma, are informed of their rights, receive
the assistance and protection to which they are entitled under the law.
• Victim assistance means psychological, social and therapeutic assistance which differs
from other forms of intervention because of the content, intensity and frequency of
contacts with the victim furthermore ‘victim’s assistance as witness’ means assistance
particularly in ‘witness role’ means in investigation , prosecution and adjudication
process.
• Victim's assistance as a witness refers to the support and protection provided to
individuals who have experienced harm or trauma and are called upon to testify in a
legal case, typically as a witness. The importance of victim's assistance as a witness
lies in ensuring that witnesses feel safe, empowered, and supported throughout the
legal process.
 Victim’s Assistance as Witness contd:….

• Mainly it includes, to assist the victim after and during trial to cope with the
psychological and practical obstacles of testifying,
• Witnesses can play a crucial role in the justice system in various ways which are
discussed in “roles of victim’. Therefore assistance is a prime concern of justice
systey.
• Furthermore, various constitutional and legal, international and domestic
responsibilities urge for the victim’s assistance as witness.
• It is to use protective measures before, during and after hearing or trial for at risk
witness. It also include to insure the witness safety while testifying in the court
even a covert witness protection program.
• Victim’s Assistance as witness is systematically done by “Witness Assistance Service
(WAS)”
 Witness Assistance Service (WAS)

• Aim of providing information and support to victims, witnesses and their families
at increased vulnerability due to the nature of the alleged offences against them,
and / or the nature of their personal circumstances.
• The WAS provides a state-wide information, education, support and referral
service to victims of crime, witnesses for the prosecution, and their immediate
families in matters
• The WAS ensures that all victims of crime and their immediate family members
have access to information, support services and are aware of their rights and
responsibilities when dealing with the criminal justice system.
• Clear principles governing how victims of crime are to be treated in the criminal
justice system, and gives statutory recognition to victims of crime and the harm
that they suffer from criminal offending
 The Witness Assistance Service may include:

1. Information and Support: They provide witnesses with information about their
rights, the legal process, and what to expect during their involvement in the case.
This helps witnesses feel more comfortable and informed about their role.
2. Preparation for Testimony: Witnesses might be nervous or anxious about giving
testimony in court. The Witness Assistance Service can assist in preparing them for
their court appearance, providing guidance on how to give clear and accurate
testimony.
3. Protection and Safety: In some cases, witnesses may require protection or security
measures, especially if they fear retaliation or intimidation. The Witness Assistance
Service can coordinate with law enforcement to ensure the safety of witnesses.
4. Updates and Communication: The service may keep witnesses updated on the
progress of the case and any changes that may affect their involvement..
 The Witness Assistance Service may include contd:…

6. Referral to Other Services: If witnesses require additional support services,

such as counseling or victim assistance programs, the Witness Assistance
Service can refer them to appropriate resources.
7. Accompaniment to Court: In some instances, the Witness Assistance Service
may accompany the witness to court to provide emotional support and answer
any last-minute questions.
8. Post-Trial Support: The service may continue to provide support after the trial is
over, ensuring that witnesses have access to resources if they need ongoing
assistance etc.
Some common aspects of victim's assistance as a witness:

Legal systems should recognize the vulnerabilities and needs of witnesses and victims and
provide appropriate support and protection throughout the legal process. This not only
ensures justice but also encourages cooperation from witnesses, leading to a more
effective criminal justice system. Some common aspects:
1. Witness Protection: In cases where witnesses might be at risk of harm or retaliation,
witness protection programs may be offered. These programs can include measures
like providing a new identity, physical relocation, or security arrangements to ensure
the safety of the witness and their family.
2. Emotional Support: Testifying in court can be a stressful and emotional experience for
witnesses, especially for victims of crimes. Victim support services can provide
emotional support, counseling, and resources to help witnesses cope with the
process.
 Some common aspects of victim's assistance contd:….

3. Information and Preparation: Witnesses may receive information about the

legal process and what to expect during their testimony. They may also receive
assistance in preparing for their court appearance, such as mock trial sessions
or meetings with prosecutors or victim advocates.
4. Accompaniment: Some jurisdictions allow witnesses to have a support person
or advocate present with them during their testimony. This can help the
witness feel more at ease and supported during the often-intimidating court
proceedings.
5. Compensation and Restitution: In some cases, witnesses who have suffered
financial losses or other damages as a result of the crime may be eligible for
compensation or restitution from the offender. with the case etc.
 Some common aspects of victim's assistance contd:….

6. Legal Rights and Notification: Witnesses have specific rights in the legal
process, such as the right to be informed about court dates, case
developments, and the right to be treated with dignity and respect.
7. Privacy Protection: In certain situations, witness information may be kept
confidential to prevent potential harm or interference with the case etc.
 Victim's Assistance as witness

Following are core activities of Victim Assistance:

• Reparation/restitution
• Compensation
• Rehabilitation
• Social Security
• Victims Relief Fund
• Victim -witness Assistance
• Cancelling
It fundamentally serves two purposes:
(1) It restores victims to wholeness in the aftermath of victimization.
(2) It provides mechanisms for reducing the risk of re-victimization.
 4. Victim Support Management (VSM)
Victim Support Management is also called as “Witness Protection Program’. It is
supported by:
• Best Evidence
• Witnesses Priority
• Section 10 of Evidence Act:
Immediately expressed fact:
(1) If any of the following persons express any fact immediately or immediate before or
after, regarding any act, incident or condition/situation such fact may be taken as
evidence:
(a) The person who had done that act or who had directly seen or known the act,
incident or condition/situation,
(b) The victim of the act, incident or condition/situation.
 4. Victim Support Management (VGM) contd:…..
• Victim Support Management refers to a structured and organized approach to
providing assistance and care to individuals who have been affected by various
forms of victimization.
• It includes a holistic support to victim with empowerment and dignity, reduces
trauma effects, access to resources, preventing secondary victimization,
collaboration and coordination, accountability and Justice, preventing
revictimization, building resilience (effective support management can contribute to
the development of resilience in victims. By offering coping strategies, counseling,
and social support, victims can learn to adapt and recover from their experiences
more effectively), community well-being, etc.
• Victim Support Management is necessary to ensure that those who have
experienced victimization receive the care, resources, and attention they need to
recover and rebuild their lives. It helps prevent further harm, empowers individuals,
and promotes a more just and compassionate society.
 4. Victim Support Management (VGM) contd:…..
• Victim support refers to the assistance, care, and services provided to individuals who
have been affected by crime, abuse, or traumatic events. Victim support can
encompass emotional support, practical assistance, counseling, legal advice, and
more, depending on the specific needs of the individuals involved.
• "Victim Support Management" were to be used as a term, it might imply the
administrative and organizational aspects of running a victim support program or
service. This includes resource allocation, program development (designing and
implementing support programs that address the diverse needs of victims), training
and supervision, data and evaluation, coordination with other agencies, policy and
advocacy etc.
• Core principles of justice for victim of crime are: to access to Justice, to get fair
treatment, to obtain restitution, to be compensated and to get assistance and various
services. These all are covered by VSM.
 4. Victim Support Management (VGM) contd:…..

• Victim Support Management recognize the vulnerabilities and needs of witnesses

and victims and provide appropriate support and protection throughout the legal
process.
• This not only ensures justice but also encourages cooperation from witnesses,
leading to a more effective criminal justice system.
• Victims should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary,
• Victims should be informed of the availability of health and social services
• Police, justice, health, social service and other personnel concerned should
receive training to sensitize them to the needs of victims, and guidelines to
ensure proper and prompt aid.
 What does ‘Victim's Support Management’ do?:

• Supports victim according to legal provision.

• Serves as an independent charity.
• Provides emotional and practical help for people who suffer because of a crime .
• Committed to heel victims.
• Helps victims to cope and recover as well as to empower them to ensure their
voices are heard individually and collectively at a local and national level.
• Provides comprehensive guidance of crime right from the time of incident.
• Is committed to the best interests of victims of crime by actively supporting them,
identifying their needs and advocating their rights.
• Protects from being victimized again.
 Essences of Victim Support Management

• Impartiality
• Comprehensive
• Realistic approach
• Informed consent
• Witness focused
• Witness to suspect and defendants
• Simplicity
• Transparency and accountability
What are the areas of ‘Victim Support
Management’?
• Compensation / reimbursement)
• Rehabilitation
• Social security
• Victim Relief Fund
• Victim Witness Assistance
• Counselling
• Medical treatment
• Crisis management
Who can support to crime Victims as a part of
VSM
• Government
• Non- Government organization
• Community
• Lose network or other Groups, i.e. Maiti Nepal, Human Right
Defender ,
• Voluntary person and institution
 VSM for trauma sufferer victims:
To assist victims in dealing with emotional trauma, participating in the criminal
justice process, obtaining reparation and coping with problems associated with the
victimization.
• Rehabilitation Centers / Safe Homes
• Victim Protection Suggestion Committee
• District Hospital
• Women and Children Cell
• District Government Attorney Offices
• Victim Relief Fund
• Legal Aid/Pro Bono
• #100/Hello Witness/Hello Adalat
 Some ongoing official ‘Victim Support Management’ activities:
• Notifications
• Secrecy procedures,
• Separate rooms,
• First priority,
• Priority to listen victims,
• Compensation and priority,
• Daily and travel allowances for victim,
• Access to justice Center (supported by projects)
• Establishment of ‘Execution Directorate’
• Incamera Proceedings
• Confidentiality maintained in the documents,
• Mutual Legal Assistance,
• Power to examine witness on commission (बन्द सवाल)
• Security provided in case, if needed etc.
For Family and Friends of a Victim of Crime
• Listen carefully.
• Spend time with the victim.
• Offer your assistance, even if they haven't asked for help.
• Help with everyday tasks like cleaning, cooking, caring for the family, minding
the children.
• Give them private time.
• Don't take their anger or other feelings personally.

And, duties of victims:……..constitutional and legal.