Criminal Justice System and the Victim: A Critical Analysis through Indian Perspective

“For too long, the law has centred its attention more on the rights of the criminal than on the victims of the crime. It is high time that we reversed this trend and put the highest priority on the victims and potential victims.” The article discusses the current criminal justice system and lists the several issues that victims encounter. The ideal criminal justice system would ensure that victims obtain justice in the fullest meaning of the word, however there are other issues that victims must deal with, such as social judgement, lack of compensation for injuries they have sustained, psychological stress, etc. This paper has addressed these issues and offered recommendations for implementing a successful restorative justice system in India. A couple of the prerequisites for restorative justice are family group conferences and healing circles. Examples from law commission reports, committees, other nations, Supreme Court justices, and suggested revisions have all been included in this paper. In the end, reparative justice for victims was highlighted in the reports of the Malimath Committee and the 154th Law Commission. India's victimology underwent an enormous change in 2009 when the historic Cr.PC amendment was passed, establishing a victim-centric system. The study primarily explores the issue in two stages: first, it addresses the notion that victim compensation is an effective solution, and second, it addresses the philosophy of victim support services. The article concludes with recommendations for strengthening the current system and outlining next steps for the victim's better recovery. Determining the degree to which judges, police, prosecutors, defence attorneys, and the general public completely understand the most recent amendments is the biggest problem facing the legal system.