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Protection of Victims

A victim is an individual person or group of persons which is harassed by the another person by their any act or omission, or abuse of their any power. Victims have certain rights which is given and prescribed by the law. Protection of the victim is the fundamental duties of the government. Dignity and the rights of the victim should be protected by the law. it will help to get the justice.

Victims also have right to privacy. And they also have the right to dignity and fair justice. Section 228 A of the Indian penal code protects the victim to disclose their identity and published their name.

Introduction:
The word " victim" is not defined anywhere in the Indian law. There is no proper definition of the victim. But victim is a person who has been harassed by the society or by any individual person and violates his legal rights. If a crime is commit against any person then the person is a victim. Victim can be any male or female. In some cases children's are also victims.

In our Indian society the word victim is used for the sympathy, but the victim is the strongest person who suffers from the heinous crime against him. Sometimes, even victim are hiding their crime for their dignity, and some cases victims even don't know that the crime is commit against him/ her. Basically, the word victim is used to hide the identity of the person from the society.

Victim is a very deep word it hides a lot of faces and a lot of names. Sometimes victims are even torture by the police or the society. A victim is someone who has been hurt or killed. A victim is someone who has suffered as a result of someone else's actions or belifes, or as a result of unpleasant circumstances. A person or animal that is injured, killed or hurt by somebody.

Legal Provision In India Related To Protection Of Victim:

Section 228A In The Indian Penal Code

228A. Disclosure Of Identity Of The Victim Of Certain Offences Etc:

  1. Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
     
  2. Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is:
    1. by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
       
    2. by, or with the authorisation in writing of, the victim; or
       
    3. where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim: Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

      Explanation:
      For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institution or organization recognised in this behalf by the Central or State Government.

     
  3. Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

    Explanation: The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.

Section-228A, Indian penal code-1860, gives certain rights to the victim. It protects the rights of the victim. Section 228A of the Indian penal code prohibits every one to print or published the name of the victim of the sexual offences. It is illegal to print or publish the name of the victim. If victim is authorized to print or published his/her name in the newspaper or any electronic or print media then the name can published. Sec 228A of the Indian penal code also prohibits to publish any photo or any personal details of the victim, except with the prior permission of the victim.

This provision is plays a major role to hide the identity of the victim. If the identity of victim is not hidden the victim will face many troubles in their social life. It also helps to protect the family of the victim. Indian court should also follow the section 228A of the Indian penal code.

Publication of the name of the victim in the judgment of the hon'ble supreme court or the high court of India is exempted from the section 228A of the Indian penal code.

The point to be addressed was that of victim's name being mentioned in the judgments of the trial court and high court, which was inconsistent with section 228-A OF Indian penal code the supreme court while stating that the courts should make every attempt in not disclosing the identity of the victim, relied on the case of State of Punjab v. Ramdev Singh ( 2004 ) 1 SCC421.

The high court for making appropriate changes in the record and passing of appropriate directions so that the trial courts comply and understand the essence of section - 228A of Indian penal code.

If any person publish the identity of the any victim of the sexually offence it is illegal. If person published or disclose the identity of the victim ten he will be punished imprisonment for two years. And it is a bail able offence.

Supreme court of India also gives a lot of judgment related to the protection of victim or hide or not to disclose the identity of the victim. Disclosing the identity of the victim is protect the dignity of the victim and their family. It should be strictly followed by the public. It helps the victim to recover from the mental trauma which she has been faced due to the heinous crime commits by the accused against her.

Rights Of Victim:

Right To Be Treated With Fairness, Dignity, Sensitivity And Respect:

Every victim deserves the right to be treated as a fairness. Victims should be treated with the dignity and the self respect. No person has right to treat with the victim inhuman. Every victim have a dignity and a self respect in the society.

Victim also have right to live with the full dignity in the society. the word victim is basically uses in the sensitive matters, sensitive matters are deal with very carefully by the court. Because these matters are related to the dignity of the victim. Victim has right to be treated with the fairness, she would not be discriminate on any of the ground. She also has the equal social and legal rights.

Right To Attend The Criminal Judicial Proceedings:

Right to attend criminal judicial proceedings include that the victim has right to attend the criminal trial and gave the statement before the hon'able court. She has right to give his statement on its own. A victim rights to attend the criminal proceeding is limited in cases where the victim is also a witness in the criminal case. Crimes victim may benefit from having a support person present during proceedings. Victim have right to attend the trial and get the fair justice. Victim can also give his statement in his own case.

Right To Protection From Intimidation And Harassment:

It is the duty of the government and the society that the victim should be fell protected in the society. no person has right to intimidate or harass or the victim on any of the ground. It is the basic right of the victim to fell protected in the society. Victim should not be harassed or intimidate by any person. If any person doing this then he will be punish according to the penal provisions.

Government should also given police protection to an from court. It should provide secure waiting areas separate from the accused and his / her family, witness and friends during the court proceedings. Government should run witness protection program from time to time it helps to protect the witness from and harassment. If any person found guilty of harassed a victim then it should be penalized according to the law.

The protection of victim is very much important to get the fair trail and justice. If the victim is harassed by the accused or the society then it is not possible to get fair trail or justice. Justice will only done when the victim is protected or not harassed by the society.

Right To Get Compensation:

Right to get compensation means victim has right to compensate by the accused. Crime victim program is runed by the the government to compensate the victim. Surviving or affected member of the family also gets the limited compensation. A few allows victims of serious financial crime to seek compensation for counseling expenses. Compensation can be paid even when no one is arrested or convicted for the crime. Those who pay for the funeral or medical expenses is also liable to get compensation. Victim is liable to get compensation in each and every case. She is also eligible to get all the medical expenses and legal expenses.

Right To Privacy:

Right to privacy means victim has right to hide their identity. According to sec 228A of the Indian penal code. This provision is also helps to hide the identity of the victim. It protects the rights of the victim. Section 228A of the Indian penal code prohibits every one to print or published the name of the victim of the sexual offences.

It is illegal to print or publish the name of the victim. If victim is authorized to print or published his/her name in the newspaper or any electronic or print media then the name can published. Sec 228A of the Indian penal code also prohibits to publish any photo or any personal details of the victim, except with the prior permission of the victim. Publish and disclose the identity of the victim is barred by this law. If any person published or disclosed the identity of any victim is penalized according to the law.

Right To Speedy Trial:

Right to get speedy trial means that trial should be held on the fast track court. It is the right of the victim to get his case in the fast track court. It helps the victim to get justice quickly. If any person is getting delay in justice then it is not justice for them. Delaying of justice is also equal to non- justice.

If the case of the victim is on the fast track court then it will help to the victim to get justice earlier. It is the right of the every victim to get speedy and fair trial. To deliver the justice to the victim it is necessary that a case should be on fast track court or on the speedy trial. In ruling on a continuance requested by a party , the court must also consider the impact of the delay on the victim.

They may require that cases involving children or vulnerable elderly victims, be given preferences in setting the court docket . speedy trial also helps to protect the dignity of the victim. It also makes our legal system strongest. It helps the victims to get justice on time.

Conclusion:
Though we can say that positive changes been brought that try to make sure that in the whole process of delivering justice to the victim, interests and rights are not completed ignore. Victim has given certain rights from time to time, which helps to get justice. The are a lot of landmark judgments of the supreme court of India which protects the rights of the victim. Rights of victims and the laws related to the protection of the victim should be strictly implemented in India.

It helps the victims to get justice. Victim is already harassed by the accused, if victim is also harassed by the law then it will harm the dignity of the victim. Victim should also eligible to get compensation of their legal and medical expenses and also the damages which he / she suffered due to the crime commit by the accused upon him. A victim is always a victim doesn't matter crime is heinous or not. To ensure that our legal system is in consonance with the principle of natural justice, it is important to ensure that we do not overlook to the victims. The rights of the victim for protecting their interest are equally, if not , more, important.

Written By:
  1. Tarun Goyal &
  2. Sanskar Singhal

    Awarded certificate of Excellence
    Authentication No: OT42779516379-30-1022

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