Traditionally, victims in criminal proceedings have always been downgraded to the role of passive witnesses, while the state dominates the legal process. The victims' statements have barely impacted judicial decision-making in India. Also, victim participation often remains symbolic rather than substantive. There is a struggle to balance victim participation with the rights of the accused in many countries. However, recently, there have been legal developments in both India and international platforms as they have recognised the need for greater victim participation. This paper examines the evolving role of victims in India's Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and compares it with global frameworks, including the UN Declaration of Basic Principles for Victims, along with victim participation mechanisms in the UK and US, In this paper, I would like to analyse the current legal framework in India, including key provisions within the BNSS that define victim rights, such as the right to file an FIR, engage private counsel, claim compensation, and appeal. It evaluates the limitations and inconsistencies of these rights, particularly the restrictions on independent prosecution and decision-making power.
The paper further analyses the right to make personal statements and access to support services provided in the UK’s Victim Code and the USA's Crime Victims’ Rights Act, and how to incorporate these provisions in the Indian legal system.
This research suggests enhancing victim empowerment in India with the help of greater victim participation. Therefore, it involves passing an overarching law encompassing victim rights, active participation in the trial, and securing participation of the victims from investigation to the trial. Finally, a balanced approach is necessary that makes victim rights converge with due process, avoiding secondary victimisation but making the criminal justice system fairer.
