Public Prosecution and Victim Support: Bridging the Gap in India’s Criminal Justice System

The system of administration of justice in India is beset with numerous challenges, especially in relation to public prosecution and victim support. Society now appreciates the need for victim rights. This brings in another challenge, the necessity of bringing these elements into one cohesive structure that not only addresses crime but more importantly, crime victims and their needs. This article takes a look at the current state of affairs of public prosecution in India, along with victim assistance and the measures that need to be taken to fill in the voids that are present.??

The primary institution in the criminal justice system of India is the first police investigation of the crime followed by the filing of the charges and prosecution by public advocates. The assistant public prosecutor following the territories delineation introduced with the Code of Criminal Procedure (CrPc)1973 has not only been made answerable to the District Magistrate but also to the Director of Prosecutions at the State level opening up a wide gulf of police prosecution nexus.

The Supreme Court has specified the duties of a public prosecutor to represent the State during the conduct of trials, but in doing so, the prosecutor is required to act in a manner that does not obliterate the rights of the accused over and above clean convictions. However, in the 197th Law Commission report, it is argued concerning the decision of the Supreme Court in R. Sarala v. T.S. Velu, that the position of the prosecutor should be confined to the interiors of the court post-investigation.

Understanding Public Prosecution in India

The role of the public prosecutor in India is the establishment of public order since it is the state that is represented by the prosecutor. Their role is to present the case against the accused in court, ensuring that justice is served on behalf of the community. Despite this, a lot of challenges that are inherent to the system limit the effectiveness of public prosecutors, such as poor training or few resources to accomplish the goals, while others are beyond control such as working with the police.

The legal system in India pays great attention to upholding the right to a fair trial and to the presumption of innocence but at times this can result in victims’ rights being overlooked. Even though the prosecutorial function is meant to be a loyal institution of justice, the victims’ voices and concerns are more often subjected to a back seat. Crime victims are often on the margins of the criminal justice process and as such they incur a sense of powerlessness and detachment.

The Importance of Victim Support

The Support offered to victims of crime is an integral part of the humanizing picture of a person who becomes a victim of crime. Within support provided to victims is a series of services helping victims, as include, to operate within the legal system and its abuses resources, and provide them with comfort. In India, the approach toward victimization or victim rights has developed in a slow process, and in this respect, recently, some legislative measures, transforming the situation of victims, have been adopted.

The Criminal Law (Amendment) Act 2013 contains a number of different provisions for the protection of the rights of the victim, for example, the right to be heard, the right to compensation, and the right to legal aid for the victim and witnesses of the crime. However, how these provisions are applied varies from one jurisdiction to the next. In practice, these victims face obstacles like the unawareness of any provisions available for their assistance, the social stigma associated with being a victim, and the non-availability of relevant services.

Integrating Public Prosecution and Victim Support

To make the criminal justice system more accessible to all citizens, a comprehensive approach to public prosecution and victim support is necessary. Notably, the following solutions can be pursued:

1. Training and Capacity Building: Public prosecutors should undergo training that goes beyond the law to include a more victim-centered form of prosecution. Knowledge of trauma principles should be included in this training so that prosecutors can handle victims carefully.

2. Collaboration with NGOs: The involvement of non-governmental organizations devoted to the amelioration of victims’ plight can help ease some of the burdens on public prosecutors. For example, NGOs can avail services such as counseling and legal representation to ensure that victims are prepared before and during the course of any proceedings.

3. Victim Impact Statements: In trial proceedings, the inclusion of impact statements by victims has a positive bearing as well, where their voices are heard in court and the impact of the crime is explained in full to the court. This allows for the recognition of the victim and promotes healing justice.

4. Legislative Reforms: Legislative reforms centered on the enhancement of victims’ rights and benefits have to be duly supported. This means that laws, practices, and even policies should be reviewed and all aimed at putting victims at the center of the entire criminal justice system.

5. Public Awareness Campaigns: Enhanced awareness amongst the general public about victims’ rights narratives and the value of victim support initiatives would help address stereotypes and assist many victims in seeking help. Such programs can also educate people on the role of public prosecution as well as the necessity for teamwork in the criminal justice system.

Bridging the Expectation Gap: Three Models

The prosecution service in India can be assessed through three models, namely, Operational Efficiency, Credibility, and Restoration:

1. The Operational Efficiency Model relates more to the effective administration of the prosecutors, equality in recruitment as well as other resources that help to keep the morale and quality of work. It also stresses the need to achieve a proper balance between the number of prosecutors and the volume of work to avoid convicting or acquitting the innocent.?
2. The Credibility Model addresses the issue of public belief in the functioning of the criminal justice system, alongside the prevention of crime, focusing on other aspects. It contains standards of responsibility for the reasons of preventing the possibility of misuse of authority or corruption in the system. The public is not likely to be engaged properly without sharing transparency about the workings of public prosecutors.?
3. Usually, The Restoration Model seeks to return the victim to their pre-crime status, as well as involve them in the process of law. It involves informing and keeping the victims engaged during the trial, as well as offering a grievance redress mechanism.?

These models highlight a critical need for balance in satisfying the victims’ expectations and the duties imposed on public prosecutors which in the end helps in bridging the existing ‘expectation gap’ in the criminal justice system.

Conclusion

The Indian Criminal Justice System has to commence proper reform by balancing the responsibilities of the public prosecutor and victim advocacy. It is important to appreciate these components if the system is to be fair and equitable to the victims of crime and adhere to law and order at the same time. Filling this gap not only adds to the weight of criminal law and justice but also builds and nurtures attitudinal values where the rights of the parties to the case are observed without prejudice.?

Lawmakers, legal practitioners, and civil society should understand that transformations, including more active victim involvement in the legal process, are possible and, more importantly, necessary. This way, Indian society can hope to see a more balanced and fair criminal justice structure.