REPOSITIONING THE VICTIM: A CRITICAL ANALYSIS OF VICTIM CENTRIC JUSTICE IN INDIA

AUTHOR- SHIVIKA GOYAL, JRF PHD RESEARCH SCHOLAR AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

BEST CITATION – SHIVIKA GOYAL, REPOSITIONING THE VICTIM: A CRITICAL ANALYSIS OF VICTIM CENTRIC JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 499-510, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper critically examines the evolving landscape of victim rights in India, with a specific focus on the shift from an offender-centric criminal justice model to one that increasingly recognizes and incorporates the voice, dignity, and rights of victims. Historically, victims in India have been relegated to the margins of the legal process, often reduced to the role of informants or passive witnesses, with little agency or protection. Drawing upon criminological theory and constitutional values, the paper traces the marginalization of victims from ancient legal traditions through colonial codifications and post-independence frameworks. The enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a notable legislative milestone in this journey. The paper explores key victim-centric provisions within the BNSS, such as the right to be heard before withdrawal of prosecution, the introduction of Zero FIR, access to compensation and reimbursement, provisions for in-camera trials, and enhanced protections for vulnerable groups. These reforms demonstrate a growing alignment with global standards on victim justice and reflect the influence of procedural and restorative justice philosophies.  Despite these advancements, the legislative reform alone is insufficient. Challenges such as low legal awareness, undertrained personnel, and systemic apathy continue to obstruct meaningful victim participation. Through case law analysis, policy review, and theoretical reflection, the paper advocates for structural reforms, mandatory victimology training, and institutional mechanisms to ensure effective implementation. Ultimately, the study calls for a more inclusive, participatory, and compassionate justice system one that honors the constitutional promise of justice for all, including the long-overlooked victim.