Victims’ Rights and Participation in Criminal Justice: A Victim-Centred Legal Approach

Authors

  • Dr. Vidushi Puri
  • Shambhavi Gour

Keywords:

Victims’ Rights, Victim-Centred Justice, Criminal Justice System, Victim Participation, Compensation and Rehabilitation, Restorative Justice

Abstract

Over the years, criminal justice systems across jurisdictions have largely remained accused-centric, resulting in the marginalisation of victims within legal processes. Victims have traditionally been confined to the role of witnesses, often facing secondary victimisation, procedural exclusion and inadequate redress. This paper examines the emerging paradigm of victim-centred justice, which recognises victims as rights-bearing participants in the criminal justice system rather than passive observers. It analyses the conceptual foundations and legal evolution of victims’ rights, focusing on their protection, participation and rehabilitation within criminal proceedings. The study critically evaluates statutory frameworks, judicial interpretations and international legal standards aimed at strengthening victim participation and safeguarding dignity, security and access to remedies. It argues that an effective and legitimate criminal justice system must strike a principled balance between the due process rights of the accused and the rights, agency and restorative needs of victims. By foregrounding victim participation and protection, the paper highlights the transformative potential of victim-centred justice in enhancing procedural fairness, accountability and public confidence in the criminal justice system.

References

Doak, J. (2005). Victims’ rights in criminal trials: Prospects for participation. Journal of Law and Society, 32(2), 294–316. https://doi.org/10.1111/j.1467-6478.2005.00318.x

Vanfraechem, I., Pemberton, A., & Ndahinda, F. M. (2014). Justice for victims: Perspectives on rights, participation and restorative justice (pp. 3–9, 42–47). Routledge.

Herman, J. L. (2003). The mental health of crime victims: Impact of legal intervention. Journal of Traumatic Stress, 16(2), 159–166. https://doi.org/10.1023/A:1022847223135

United Nations Office for Victims of Crime. (1999). Handbook on justice for victims: On the use and application of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (pp. 9–15, 43–49).

Walklate, S. (2011). Reframing criminal victimization: Finding a place for vulnerability and resilience (pp. 18–26, 87–94).

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How to Cite

Dr. Vidushi Puri, & Shambhavi Gour. (2025). Victims’ Rights and Participation in Criminal Justice: A Victim-Centred Legal Approach. International Journal of Engineering Science & Humanities, 15(4), 441–455. Retrieved from https://www.ijesh.com/j/article/view/452

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