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Victimology in India: history, the UN Declaration and the legal framework

Penology and Victimology · Unit V · Topic 16 of 17 · 6 min read

How Indian law moved from treating the victim as a witness to recognising rights of information, participation, appeal and compensation, the UN Declaration of 1985 that guided it, the Malimath Committee's proposals, and the victim's rights under the BNSS.

On this page
  1. 1. History of victimology in India
  2. 2. The UN Declaration of Basic Principles of Justice for Victims, 1985
  3. 3. The Malimath Committee on victims
  4. 4. The victim's rights under the BNSS
  5. 5. The right to be heard
  6. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The structure of the answer. India's victim law grew in three stages: an old and little-used power to compensate from fines (1898 to 1973); a period of judicial creativity (1980s to 2000s); and statutory rights from the 2008 amendment of the CrPC, carried into the BNSS in 2023. Present it as that sequence, with the UN Declaration and the Malimath Committee as the drivers of the third stage.

1. History of victimology in India

2. The UN Declaration of Basic Principles of Justice for Victims, 1985

Adopted by the General Assembly as resolution 40/34 on 29 November 1985, the Declaration is the international charter of victims' rights. It is not a treaty and does not bind as such, but Indian courts and committees have relied on it. Its parts:

3. The Malimath Committee on victims

The Committee on Reforms of the Criminal Justice System (Justice V.S. Malimath, report of March 2003) found that the victim was the forgotten party in the Indian criminal justice system and recommended that:

Most of these recommendations have since been enacted in some form, though impleadment as a party has not.

4. The victim's rights under the BNSS

5. The right to be heard

The Supreme Court has read these provisions broadly. In Mallikarjun Kodagali v. State of Karnataka, 2018 INSC 969, (2019) 2 SCC 752, it held that a victim may appeal against acquittal under the proviso to section 372 as of right, without seeking leave, and that the right is a substantive one. In Jagjeet Singh v. Ashish Mishra, 2022 INSC 427, (2022) 9 SCC 321, arising out of the Lakhimpur Kheri killings, it set aside bail granted without hearing the victims, holding that a victim has a legally vested right to be heard at every step after the occurrence of an offence, including bail, and that the victim is distinct from the informant or complainant.

The balance. Victims' rights operate alongside the accused's right to a fair trial under Article 21; they do not replace the Public Prosecutor, who still conducts the case. An answer that suggests the victim now runs the prosecution has overstated the law.

How this is examined

“History of victimology in India” (August 2024, short note); “Discuss the concept of victimology in Indian context” (October 2023, 10 marks); “Victims rights to be heard” (October 2023, short note); “Justice Dr. V.S. Malimath Commission Report on Victims Compensation” (February 2025, short note); and “Explain the legal provisions/legal response for compensation to victims in India” (August 2024, February 2025). For the Malimath note, use section 3. For the right to be heard, sections 4 and 5. For the compensation essay, combine section 1 here with the BNSS note on sections 395 to 397 and the next note on the courts.

Now try the real questions: Penology and Victimology past question papers.