The Supreme Court has granted a significant right to crime victims and legal heirs. The court clarified that if an accused is acquitted by a trial court or High Court, the right to appeal against it will no longer be limited to the state government or the complainant.
New Delhi: In a landmark judgment, the Supreme Court of India has provided major relief to crime victims and their legal heirs. Now, if an accused is acquitted in a case by a lower court or High Court, or receives a relatively lenient sentence, not only the state government but also the victim and their heirs will be able to appeal against it.
This important decision was delivered by a two-judge bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan. The Court stated that the rights of victims are equal to the rights of the accused, and therefore, they should be given every opportunity to appeal.
What was the rule until now?
Until now, under the Indian Code of Criminal Procedure (CrPC), if a trial court or High Court acquitted an accused, the right to appeal against it was only with the state government or the original complainant. This meant that the person directly affected by the crime, i.e., the victim or their heirs, did not have the right to appeal.
The Supreme Court, expanding this scope, has clarified that the victim and their legal heirs can also appeal. This decision is being seen as a major step towards victims' rights in the Indian justice system.
Victims' rights equal to those of the accused
In her 58-page judgment, Justice Nagarathna wrote: A crime victim should have the same rights as the accused. Just as an accused can appeal unconditionally under Section 374 of the CrPC, the victim should also have the right to appeal against a lesser sentence, compensation, or acquittal.
The Court also clarified that this right of victims cannot be limited in any circumstance. The bench further broadened the definition of "crime victim." If a victim of a crime dies after filing an appeal, their legal heirs can continue that appeal. The Court said: If the victim of a crime has the right to appeal against the release or lesser sentence of the accused, then their heirs should also have the same right.
While delivering the verdict, the Supreme Court also cited several previous judgments and recommendations of the Law Commission. The Law Commission has long been recommending that the role of victims be strengthened in the Indian justice system and that they be given the same rights as the accused.
