The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is a victim-centric legislation designed to empower victims by granting them extensive rights. Section 2(1)(y) of BNSS defines a victim as someone who has suffered any loss or injury due to the act or omission of the accused person. It also includes the victim’s guardian or legal heir. This blog explores the key provisions of the BNSS that provide various rights to victims.
Section 18(8) Proviso: Right to Appoint an Advocate
BNSS allows victims to appoint an advocate of their choice, who can assist the public prosecutor. Section 338(2) states that although victims can choose an advocate, their role is limited to assisting the public prosecutor. The advocate can submit written submissions only after the evidence is presented.
However, appointing a separate advocate could lead to conflicting approaches between the public prosecutor and the victim’s advocate during witness cross-examination. The Supreme Court highlighted this concern in the Rekha Murarka vs State of West Bengal case.
Section 173(2): Right to Free Copy of FIR
Victims or informants have the right to receive a free copy of the First Information Report (FIR). This provision ensures that victims are aware of the initial steps in the investigation process.
Section 176(1)(b) Proviso: Right to Record Statement in Rape Cases
In cases of rape, the victim’s statement must be recorded either at her home or a location of her choice, preferably by a woman police officer. This process should occur in the presence of the victim’s family members or a social worker. The statement can also be recorded using audio-video electronic means, including mobile phones. This provision is a new addition under BNSS and was not present in the CrPC.
Section 184: Medical Examination of Rape Victims
BNSS mandates that a registered medical practitioner conduct a medical examination of the woman in cases of rape or attempted rape. The examination must occur within 24 hours of receiving information about the offence. If no government medical practitioner is available, another registered practitioner may conduct the examination with the victim’s consent. The medical officer must send the report to the investigating officer within seven days.
Section 193(3)(ii): Right to Receive Progress Report of Investigation
Police officers must inform the victim or informant about the progress of the investigation within 90 days. They can communicate this information using any means, including electronic communication.
Section 230: Right to Free Copies of Key Documents
In cases filed on a police report, the Magistrate must provide the victim and the accused free copies of the following documents within 14 days:
- Police report
- FIR (as per Section 173)
- Statements of prosecution witnesses (Section 180(3))
- Statements and confessions recorded (Section 183)
- Any other relevant documents submitted to the Magistrate (Section 193(6))
Section 360 Proviso: Right to Be Heard Before Withdrawal of Prosecutor
The BNSS introduces a new provision preventing the court from allowing the withdrawal of any public prosecutor without first giving the victim an opportunity to be heard. This ensures that victims have a voice in crucial decisions during the trial.
Section 395(3): Right to Compensation from the Accused
In cases where the court delivers a sentence without a fine, the court can still require the accused to pay compensation to the victim. This compensation is for the loss or injury suffered as a result of the crime.
Section 396: Right to Compensation from Government
The BNSS mandates state and central governments to establish a scheme for compensating victims or their dependents who need rehabilitation. The District or State Legal Services Authority determines the amount of compensation based on the scheme. However, victims must undergo an additional process to receive this compensation, which could have been simplified if the court directly awarded it.
If the compensation awarded under Section 395 proves insufficient, or in cases of acquittal or discharge, the trial court can recommend additional compensation. When the accused is unidentified, the victim or their dependents can apply for compensation from the State or District Legal Services Authority. The authority must grant the appropriate compensation within two months of the application.
To reduce the victim’s suffering, the State or District Legal Services Authority can order immediate first aid or medical assistance, free of charge, once certified by a police officer or Magistrate.
Section 397: Right to Immediate Medical Aid
All hospitals, whether public or private, must provide immediate and free first aid or medical assistance to victims of rape or offences under the Protection of Children from Sexual Offences Act, 2012. Additionally, hospitals must promptly notify the police about such incidents. Unfortunately, BNSS does not extend this provision to victims of human trafficking or acid attacks, who also require urgent medical care.
Section 413 Proviso: Right to Appeal
Victims have the right to file an appeal against any court order that acquits the accused, convicts the accused for a lesser offence, or imposes inadequate compensation. Such appeals often raise questions about the competence of the public prosecutor.
Conclusion
BNSS aims to empower victims by granting them a wide range of rights. These include the right to appoint an advocate, receive compensation, and access important documents at no cost. While the law attempts to protect victims, certain gaps remain, such as the need to simplify the compensation process. Overall, the BNSS lays a strong foundation for aligning victims’ rights with the pursuit of justice, ensuring victims actively participate in the legal process rather than remain passive observers.
Written by: Shabnam Khatun, 2nd year B.A.LLB, WBNUJS
