1. Definition of Victim
The Code of Criminal procedure, 1973 (“CrPC”) did not define the term ‘victim’ in definitional clause under Section 2. The Apex Courts interpreted the term ‘victim’ in various instances. The new CrPC (Amendment) Act, 2008 (“2008 Act”) defined the term ‘victim’ as 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 and the expression ‘victim’ also includes his or her guardian or legal heir.
2. Representation by Lawyer
Any criminal act is considered as a wrong against the State and hence it is the duty of the State to institute the case on behalf of primary victim. The CrPC provides for the appointment of Public Prosecutor and Assistant Public Prosecutor to represent the case of victim on behalf of the state. The 2008 Act added a clause in section 24 that the court may permit the victim to engage an advocate of his choice to assist the prosecution under sub-section (8) of section 24.
Any criminal act is considered as a wrong against the State and hence it is the duty of the State to institute the case on behalf of primary victim. The CrPC provides for the appointment of Public Prosecutor and Assistant Public Prosecutor to represent the case of victim on behalf of the state. The 2008 Act added a clause in section 24 that the court may permit the victim to engage an advocate of his choice to assist the prosecution under sub-section (8) of section 24.
