Rights of Victims in Criminal Cases in India – Complete Guide 2026

Who is Considered a Victim?

Under Section 2(wa) of BNSS, a victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. The term includes the victim's guardian or legal heir if the victim is dead or incapacitated.

This broad definition ensures that even indirect victims (family members in death cases) can exercise victim rights.

Right to Participate in Criminal Proceedings

The victim has the right to participate in criminal proceedings at various stages. Under Section 230 BNSS, the victim can engage an advocate to assist the prosecution. The victim's advocate can oppose the bail application of the accused, examine witnesses, and make submissions on sentencing.

The Supreme Court in Mallikarjun Kodagali vs State of Karnataka (2018) affirmed the victim's right to be heard at every stage including bail hearings.

Right to Legal Representation

The victim has the right to engage a lawyer of their choice to assist the prosecution. If the victim cannot afford a lawyer, free legal aid is available through the District Legal Services Authority (DLSA) under Section 395 BNSS read with the Legal Services Authorities Act.

The victim's lawyer can file a separate victim impact statement and make submissions on the quantum of punishment.

Right to Compensation - Victim Compensation Scheme

Under Section 395 BNSS, every State Government must establish a Victim Compensation Scheme. The West Bengal Victim Compensation Scheme provides financial compensation to victims of crime or their dependents. The scheme covers loss of life, grievous hurt, rape, sexual assault, trafficking, and other serious offences.

Compensation amounts range from Rs. 1 lakh to Rs. 7 lakhs depending on the nature of the offence and the injury suffered.

Right to Protection and Witness Protection

Victims and witnesses have the right to protection from intimidation and harm. The Witness Protection Scheme, 2018 provides for identity protection, relocation, and security for vulnerable witnesses. Under Section 356 BNSS, courts can hold in-camera proceedings for sensitive cases like sexual offences.

If the victim fears retaliation, they can apply to the court for protection measures.

Right to Information

The victim has the right to be informed about: the progress of investigation, filing of charge sheet, dates of court hearings, bail applications by the accused, final judgment, and any appeal filed by the accused. Under Section 232 BNSS, the investigation officer must inform the victim about the filing of the final report.

The victim can also access case documents including the charge sheet, witness statements, and court orders.

Right to Appeal Against Acquittal or Inadequate Sentence

Under Section 405 BNSS, the victim has the right to appeal against an order of acquittal or inadequate sentence. Previously, this right was limited to the state, but the BNSS has expanded it to give victims direct appellate rights.

The victim must file the appeal within 60 days of the impugned order.

Victim Impact Statement

Under Section 388 BNSS, the victim can present a Victim Impact Statement before the court during sentencing. The statement describes the physical, psychological, emotional, and financial impact of the crime on the victim and their family.

The court must consider the Victim Impact Statement before passing the sentence.

Frequently Asked Questions