Justice for Victims: Strengthening Legal Frameworks Under New Laws

Justice for Victims: Strengthening Legal Frameworks Under New Laws


Introduction

The Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam, 2023 (BSA) mark a transformative shift in India’s criminal justice system. These legislations emphasize not just punitive measures but also robust victim compensation mechanisms. The recent RG Kar Medical College case highlights the urgent need for a structured and dignified compensation framework that supports victims’ families without reducing the act to a mere favor.

RG Kar Case: A Turning Point

In this landmark case, a young doctor was brutally raped and murdered while on duty. The court, under Sections 64 (rape), 66 (punishment for causing death), and 103(1) (murder) of the BNS, found the accused guilty and awarded:

  • ₹10 lakh compensation for the victim’s death.
  • ₹7 lakh compensation for the heinous crime of rape.

Judge Das emphasized that since the crime occurred at the victim’s workplace, the state was responsible for compensating her family. This judgment underscores the importance of ensuring that compensation is not seen as charity but as a state obligation.

Provisions Under the New Laws

Bharatiya Nyaya Sanhita, 2023 (BNS)

  • Section 103: Establishes severe penalties for heinous crimes like murder.
  • Section 64: Focuses on sexual offenses, ensuring strict punishments for rape and related crimes.

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

  • Victim Protection Provisions: BNSS emphasizes victim safety during investigations and trials.
  • Compensation Guidelines: Proposes compensation for victims of serious crimes, payable through a Victim Compensation Fund.

Bharatiya Sakshya Adhiniyam, 2023 (BSA)

  • Section 154: Introduces video recording of victim testimonies to minimize trauma during trials.
  • Admissibility of Evidence: Strengthens evidentiary provisions to ensure justice for victims without undue delays.

Why Strict Compensation Rules Are Essential

  1. Justice Beyond Punishment: Compensation addresses the victim’s suffering and the family's financial losses.
  2. Restoration and Dignity: It helps rebuild lives and ensures that victims' families do not feel stigmatized or indebted.
  3. State Responsibility: Crimes like the RG Kar case demand state accountability, especially when they occur in public spaces or workplaces.

Determining Adequate Compensation

To establish a fair and uniform compensation scale, the following factors must be considered:

  1. Nature and Severity of the Crime:

    • Murder or custodial death: ₹25–50 lakh.
    • Rape with grievous harm: ₹10–20 lakh.
    • Acid attacks causing disfigurement: ₹10–15 lakh.

  2. Victim’s Role and Context:

    • Workplace-related crimes or duty-related deaths, as in the RG Kar case, should include enhanced compensation.

  3. Socioeconomic Impact:

    • Medical expenses, rehabilitation costs, loss of livelihood, and education support for dependents.

  4. Uniform Guidelines:

    • The Bharatiya Nagarik Suraksha Sanhita should establish a centralized compensation framework to ensure consistency across states.

Recommendations for a Robust Framework

  1. Centralized Victim Compensation Board:
    Create an independent board to assess and disburse compensation uniformly across the country.

  2. Immediate Interim Relief:
    Ensure interim compensation (e.g., ₹5 lakh) within 15 days of the crime being reported.

  3. Holistic Rehabilitation:

    • Psychological counseling for survivors and families.
    • Skill development programs for dependents.

  4. State and Employer Accountability:

    • Mandate employers to contribute to compensation funds for workplace-related crimes.
    • Ensure swift trials in such cases through fast-track courts.

Conclusion

The RG Kar case is a stark reminder of the need for stringent laws and dignified compensation mechanisms. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam provide a solid foundation to achieve this. However, a more structured, empathetic, and prompt approach is essential to ensure that victims and their families receive the justice and support they rightfully deserve.

Justice must not only be done but also be seen to be done—compassionately and comprehensively. Let’s ensure that compensation is not a favor but a fundamental right for victims and their families.

Location: Pune, Maharashtra, India

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