RIGHTS OF ACCUSED, SUSPECTS AND PRISONERS AS VICTIM OF CRIME UNDER CRIMINAL JUSTICE SYSTEM OF INDIA

Dr. Vijesh Bhanwarlalji Munot

Abstract


The primary objective of Criminal Justice System is to protect the rights of individual including suspects, accused and prisoners. This class does not become non-person merely as they are in conflict with law. In India, the criminal law provides compensation to the victims and their dependants only in a limited manner. The legislature has taken progressive measures by amending the Code of Criminal Procedure to ameliorate the woes of victims of crime and providing them comprehensive scheme for compensatory justice.

Earlier, it was policy of the Court, under the jurisdiction conferred by Article 32 and Article 226 of the Constitution not to pass an order for the payment of money if such an order was in the nature of compensation consequential upon the deprivation of a fundamental right. The Court’s attitude was that if a public servant committed a wrongful act under the powers delegated to him for discharge of sovereign function of the State, no legal action for damage could be taken against him or his employer, the Government. The Constitution of India is protector of basic human rights. However, this position has been substantially altered by the apex court by its various decisions. In course of time, the judicial activism in India has given new dimension to Article 32 and 226 of Constitution. Apex court in India aptly moulded, fabricated and develops Compensatory Jurisprudence and expands its wing to award compensation to the victim crime, which includes accused, suspects and prisoners under Criminal Justice System. Now, the defense of sovereign immunity being inapplicable and alien to the concept of guarantee of fundamental rights, justifies award of monetary compensation.

Keywords


Rights of accused, prisoners, victim of crime, criminal justice system, compensation, compensatory jurisprudence.

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References


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Acts:

Indian Evidence Act, 1872

Protection of Human Rights Act, 1993

The Code of Criminal Procedure, 1973

The Constitution of India Act, 1950

The Indian Penal Code, 1860

International Charters:

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, 2005

Declaration on Basic Principles of Justice for Victims and Abuse of Power, 1985

International Covenant on Civil and Political Rights, 1966

Universal Declaration of Human Rights, 1948


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