Victim-Centric Criminal Justice under BNSS, 2023: A Comparative Study with erstwhile Cr.PC, 1973

Abstract

The role of Victim in criminal procedures are increasingly at the c enter of legal change and intellectual debate. In India, the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) signifies a significant reform of criminal procedural law, replacing the Code of Criminal Procedure, 1973 (Cr.PC). One of its objectives is to promote a more victim-oriented approach within the Criminal Justice System. This article aims to critically examine whether the BNSS, 2023 effectively enhances the procedural rights and participation of crime victims when compared with the earlier Cr.PC framework. The study seeks to assess the extent to which the new legislation strengthens victim participation in criminal proceedings, improves access to compensation and restorative mechanisms, and expands the procedural recognition of victims within prosecutorial and adjudicatory processes through the analysis of statutory provisions, parliamentary committee reports, institutional policy documents, and relevant judicial decisions addressing victim rights in criminal proceedings. The findings indicate that the BNSS introduces several measures that strengthen the formal recognition of victims within the procedural framework, including improved compensation mechanisms and greater emphasis on victim participation in certain stages of criminal proceedings. However, the reforms largely remain embedded within the traditional state-centric model of criminal prosecution. Consequently, the new law introduces some improvements for victims, but it does not fundamentally change the traditional structure where the State remains the primary actor in criminal prosecution. The article concludes that although the BNSS represents a significant step toward victim-sensitive criminal procedure which could only be achieved by institutional implementation, judicial interpretation, and continued alignment with evolving international standards on victims’ rights.