VICTIM RIGHT OF APPEAL
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Keywords:
Victim, Right of Appeal, Criminal Procedure Code, Complainant, StateAbstract
Over the two Decades the New Jurisprudential study has increased regarding the role of victim which is very less, for this Several initiative were taken Internationally by the UN Declaration of Basic Principles of Justice for the Victim of Crime and Abuse of Power, 1985, Nationally by Recommendation of 41st, 48th, 154th as well as 221st Law Commission Report and lastly by the Malimath Committee Report in 2003. The main reason behind that, it is the people by and large have lost confidence in the Criminal Justice System. There is need to carry fair and equal opportunity justice to victim participation as they are sitting outside the court in mute spectator though they are the primary victimization of offence. In this regard 2008 Amendment Act in the Code of Criminal Procedure, 1973 brought significant changes in terms of Victim role, but still there is no Unanimity amongst different High Court. While considering this in the Present Paper the Author address following issues Firstly, as to What is the true meaning of the expression ‘Victim’ as define in section 2(wa) read with proviso to section 372. Secondly addressing, in regards to the Status of Complainant is that Whether the Complainant consider as Victim for the purpose of proviso to 372 Criminal Procedure Code. Thirdly addressing, Whether the Victim after Right to Appeal is accessory or auxiliary to State power to appeal. Fourthly addressing, Whether Victim has to obtain Leave to Appeal as required by the State to appeal against acquittal under section 378.
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