Crime Victims and Criminal Justice System: A Comparative Analysis

  • Humaira Gull
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  • Humaira Gull

    PhD Scholar in India

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Abstract

The Present Paper is an attempt to make a comparative analysis of the position of crime victims in various Crimi-nal Justice Systems across the globe. It also examines their outstanding role in bringing the rights of the crime victim to some extent in tune with their Justice Delivery system. Laws protecting crime victims in India, in particu-lar, are argued to be insufficient. In India, the criminal justice system has been functioning well below average, and many would argue that it has failed to inspire public confidence. Until the criminal justice system takes vic-tims' interests into account, it is now widely acknowledged that no amount of criminal law or criminal procedure will ever result in justice being served. The victim is not merely a tool in the prosecutor's arsenal for securing con-victions. If the victim is merely employed in the reporting of the crime and subsequently as a witness, they should be treated as human beings with their own rights that should be taken into account at all phases of the criminal investigation and final prosecution. Further, the Research paper will look into the changing dimension of the sta-tus of victim’s till date under various International instruments and their impact on developed, developing and under developed countries. The Indian Criminal Justice System's limited provisions for the protection of crime victims are also mentioned. Without being oppressive, criminal law must be powerful enough in its content as well as its implementation. Victims, on the other hand, have been reduced to mere witnesses in criminal trials down the ages. In this way, the role of victim has changed dramatically in human history. As legal conceptions have evolved over time, so too have the methods used to address victims of crime in the criminal justice system. The current research is only devoted to doctrinal issues.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 762 - 773

DOI: https://doij.org/10.10000/IJLMH.113403

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