Mallimath Committee relating to Criminal Justice System. The Committee has dwelled upon the victims’ rights that have been recognized internationally and its essential paradigm in Criminal Justice System. It reads as under :–
“6.9.1 Victims of crime are important players in criminal justice administration both as complainant/informant and as witness for the Police/prosecution. Despite the system being heavily dependant on the victim, criminal justice has been concerned with the offender and his interests almost subordinating or disregarding the interest of victim. In the civil law systems generally, the victims enjoyed a better status in administration of criminal justice. Towards the last quarter of the twelfth century, the common law world realized the adverse consequences arising from this inequitable situation and enacted laws giving rights of participation and compensation to the victims. “Victims” mean the persons or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide, an appropriate member of the immediate family of any such person. In the Constitutions of certain countries, rights of victims have been recognized thereby forcing changes in criminal justice goals and procedures. In the United States Supreme Court ruled that consideration of Victim Impact Statements during sentence hearing was Constitutionally permissible (Payne v. Tennessee (1991) III S. Ct. 2597). This enabled victims to describe the extent of any physical, emotional, or psychological effects caused by the crime. Eventually in U. S., Victim Impact Statements became part of plea bargains and parole hearings.”