Access to Justice for Victims of Crime in India: An Analysis of Section 372 CrPC

Abstract

This article focuses on the right of victims to invoke Section 372 of the Code of Criminal Procedure. In India, over the past decade or so, concerns about victims of crime have increased significantly and the need for victims to participate in criminal proceedings has practically been built into the legal framework. Perhaps, the judicial process lacks in assisting the victims in a trial. This article focuses on cases where the victim appeals against an acquittal or for lesser offences or imposes inadequate compensation. Notwithstanding an appeal, this proceeding can also be dismissed for several reasons. While this paper builds the rationality behind invoking this section, it also looks into the extent to which this section could provide justice to the victims. This goes in line with the UN Declaration of basic principles such as access to justice and fair treatment, restitution, compensation and victim assistance. The absence of a definition of appeal in the statutory law and provisions for victims’ right to appeal delimits the scope of enhancement of sentence for the accused which is a right reserved only to the State. Moreover, this article helps researchers deepen their research on the perspective of victimology and the need for victim service providers to uphold victim justice.