Safeguarding Victims’ Right: An Analysis of Legislative and Judicial Approaches in India

Victims of crime hold a crucial position in the criminal justice system, often initiating the legal process by reporting offences and acting as witnesses during prosecution. Despite their significant role, the legal system in India has historically centered around the rights of the accused, with victims frequently relegated to the background. Once the State assumes control over prosecution, victims are left with limited involvement and inadequate avenues for redress. This paper critically examines the attitudes of the Indian legislature and judiciary towards the rights and treatment of crime victims, with a particular focus on identifying any evolution or reform in recent years. The research is both descriptive and analytical, and seeks to answer critical questions, including: How effectively has the Indian criminal justice system protected victims' rights? Are special legislations such as the SC/ST (Prevention of Atrocities) Act, the Protection of Women from Domestic Violence Act, and the Juvenile Justice Act truly safeguarding victims? What role has the judiciary played in developing the concept of victim compensation and protection? What are the practical challenges in implementing Victim Compensation Schemes, and should India introduce a statutory Victim Welfare Fund to provide timely support to victims? Finally, the paper explores how victims can be given a more active role in the investigative and trial processes without infringing upon the rights of the accused. The analysis reveals that India lacks a comprehensive and uniform framework to define and uphold victims’ rights within its criminal justice system. Law enforcement agencies and judicial processes often operate without clear protocols for engaging with and supporting victims, resulting in inconsistent practices and secondary victimization—where victims suffer further trauma during the justice process itself. Modern legal procedures have distanced victims from the central role they once held, reducing them to passive observers rather than active participants. This study argues that victims are not merely tools in the pursuit of justice but are rights-bearing individuals whose fundamental human rights are violated when a crime is committed. Therefore, upholding victims’ rights must be seen as an essential component of delivering substantive justice. Recognizing and institutionalizing the rights of victims through legislation, judicial interpretation, and administrative reforms is necessary for creating a more inclusive, responsive, and humane criminal justice system in India.