Tracing journey of crime victim's position under Indian law with evolutionary insights from the United States' federal code on victims' rights

In India, the inclusion of victims in the criminal process started slowly with the 1973 Criminal Procedure Code providing for victim compensation from fine imposed on the offender. It has since traversed a patchy path with the major reforms introduced in legislation post recommendations in the Malimath Committee Report and the 2009 Amendment to the Code. The present paper highlights crime victim's position in the Indian Criminal Justice System tracing the evolutionary development of victim justice in India highlighting its reasons and progress while contrasting with that in the United States of America. It brings to light that victim rights in both common law countries have essentially been a result of social movements having the effect of visible changes in legislation. The paper reviews the literature on victims' rights in a semi-structured method based on thematic analysis by dividing literature into dominant themes: victims' informational rights, participation rights, and restitution. The paper concludes that though Indian Supreme Court and Law Commission of India recognise the importance attached to crime victim's role in the formal process, yet concrete rights for the victim have only been achieved in a limited sense.