Abstract

One of the most transformative legal reforms achieved by the victims' rights movement has been the introduction of Victim Impact Statement (‘VIS’) during the sentencing. This was aimed at improving the treatment of crime victims, restoring their dignity, and providing them with a meaningful voice and enhanced satisfaction in judicial procedure. It sought to address the historical and adversarial marginalization of victims who were relegated to the position of witnesses and who were not allowed to voice their concerns. Such marginalization was sought to be addressed by India using several amendments in its criminal laws, including recent reforms in 2023, but its impact on the position of victim is still speculated upon. Indian system, as an adversarial set up, prioritizes impartiality and procedural fairness over the idea of victim participation and views victim input in sentencing as a potential threat to established values. This paper is an attempt to analyze such resistance and to seek the perspectives of law professionals with respect to victim participation and feasibility of introducing VIS as a victim input in Indian criminal trial. The study was based on the interview of 35 law professionals including magistrates, prosecutors and judges. It concludes with the findings with respect to feasible model of the VIS which may be accommodated in India and contribute to restorative justice.

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