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Does a victim suffer even after the offence?

Introduction

Victim is the one who suffers loss either financially, emotionally, mentally or physically. Even after the crime, they are supposed to get justice but what really happened in our system? We all know that society cannot become a crime less society but what we can expect is to see the offender behind the bar and justice served to the victims. But this doesn’t really happen!

Problem faced by the victims

Firstly, they have internal conflicts of how to respond to the situation as a person can easily fight an external enemy in comparison to an internal enemy. Secondly, they are advised or sometimes pressured to forget everything as a nightmare and if they manage to stand against injustice, Police do not really cooperate in many cases. Section 154 of criminal procedure act 1973 states the procedure to file FIR. It is the duty of the police officer in charge to file an FIR in commission of cognizable offence irrespective of the gravity of the crime. In addition, the concept of Zero FIR was propounded after Nirbhaya gang rape case where the informant can file FIR in any nearest police station. This mode was propounded to minimise the delay in investigation due to jurisdictional limitations.

But Is it really as easy as it looks? No, the ground reality of our system is harsh. People are not getting justice as justice delayed is justice denied. Many a time, either the evidence is destroyed or investigation is delayed and when police investigate and prepare a report then procedure of the court is delayed due to various reasons. For instance – In Nirbhaya gang rape case justice was served after 7 long years then what we expect in other cases?

Recently, an accused was held innocent and found the accusation of rape to be false. The accused name Vishnu Tiwari spent 20 long years in jail due to the false accusation of rape. When he was 23, the trial court found him guilty for rape, sexual exploitation of women & criminal intimidation. So, the court sentenced him to life imprisonment. It took two decades to prove that he committed no crime. How anyone will compensate for the long 20 years which he spent in jail, the mental trauma given to him and his family. Isn’t justice delayed means justice denied? This isn’t the first instance. Many a time, either the report is not registered or the victim suffers due to false accusation.

There are various reason behind the injustice or delay in justice –

1. The no. of police officers & judges are competitively less in no. as compared to the population they are supposed to serve.

2. Lack of infrastructure development

3. Loopholes in system

4. Attitude of ignorance

  • 5. Lack of competency 

6. Jurisdictional limitations and many more.

But the real issue is victims feel lost at the last. They are punished again and again for the offence they never committed.