Abstract
The rights of the crime victims have been increasingly gaining prominence as an important element of the contemporary criminal justice system, where the traditional offender-oriented approach is being increasingly substituted with the balanced one. In spite of numerous legal reforms made, the victims of the crimes still confront a number of difficulties as regards their participation in criminal procedure, their right to receive information about the process, the right to protection, to receive compensation for damages suffered, to get legal aid and to be rehabilitated. The present study is devoted to the comparative analysis of the legal framework regarding the rights of the victims of the crimes in India, the United Kingdom and the United States with special reference to the issue of victim participation and procedural rights. The purpose of this research is to review the legal provisions protecting the rights of the victims of crimes, compare the legal approaches used by the three jurisdictions, point out some gaps in implementation of those and establish what measures should be taken to improve the situation in India. The comparative doctrinal approach is used in the study; the main sources of data for this research are statutory and constitutional provisions, case laws, international instruments related to victims’ rights, peer reviewed journals, reports from law commissions and governments, research papers, commentary materials and international organizations such as the United Nations.
Keywords: Crime Victims, Victim Rights, Criminal Justice System, Victim Compensation, Comparative Law.
- Introduction
Victims are a vital stakeholder in the criminal justice system, although their rights and needs have not received the necessary attention as far as the system has been traditionally concerned with the offenders and the prosecution process. In the traditional model of criminal proceedings, the State and the offender were seen as parties involved in a dispute. Consequently, victims had to play an inconspicuous role in the process in spite of the fact that they were the direct victims of crimes committed.[1] Gradually, however, there occurred a paradigm shift in the global justice system with the introduction of the idea of victimology and the realization that victims of crime are not simply witnesses to the criminal act but rights holders with the “right to dignity, participation, protection, compensation, and rehabilitation”. A major breakthrough in this respect was the adoption of the “United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985, as international standards of ensuring access to justice, fair treatment, restitution, compensation, and assistance” to the victims. To that end, many countries have initiated reforms and changes in legislation to incorporate victims’ rights in their criminal justice systems.[2] India is no exception. In the same vein, the United Kingdom has devised a complete Victims’ Code and a range of support structures, and the United States has legislated the Crime Victims’ Rights Act and the Victims of Crime Act, guaranteeing extensive procedural and compensatory rights at the federal as well as state level. However, notwithstanding these developments, there persist a number of differences when it comes to the extent, functioning, and efficacy of victim rights laws in various countries.[3] Some of the common difficulties include delays in justice delivery, inadequate compensation, lack of involvement in the criminal process, absence of sufficient psychological support, and non-enforcement, among others. In light of these considerations, a comparative study of the legal framework relating to victim rights in India, the United Kingdom, and the United States has become absolutely imperative, with the aim of assessing the strengths and weaknesses of each system and developing international benchmarks.[4]
[1]O O John, O T Annah, B W Olayinka and K Rasheed, ‘The Roles of Victims of Crimes in the Administration of Criminal Justice’ (2025) SSRN 5897002.
[2]A Matviichuk, V Shcherbak, V Sirko, H Malieieva and Y Leheza, ‘Human Principles of Law as a Universal Normative Framework’ (2022).
[3]S P Andrusenko, ‘A Comparative Study of the Formation of Doctrinal Directions of the Institution of Legal Protection of Crime Victims in the USA and the United Kingdom of Great Britain and Northern Ireland’ (2023) 27(4) RUDN Journal of Law 1028–1042.
[4]M Lhosmot-Marquet and others, ‘Cocaine Use in Europe: The Need for Cross-Sectoral Collaboration Between Security, Justice, Health, and Social Systems’ (2026) 11(1) The Lancet Public Health e61–e68.