THE EFFECT OF WITHDRAWAL FROM PROSECUTION ON VICTIMS RIGHT: AN ANALYSIS
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Keywords:
Withdrawal from Prosecution, Victims’ Rights and Natural JusticeAbstract
Every civilized State has obligation to protect its citizens in all sphere of life. This is one of the predominant duties of the State in the modern period. The duty of the State in Civil sphere is to ensure and protect the people rights and in Criminal sphere is to protect the people from culprits and to maintain the law and order in the society. Therefore, the administration of justice is the firmest pillar of government. This is to fuel the legal justice through which ensures uniformity and certainty in the administration of justice.
The foremost object of the Code of Criminal Procedure is to ensure fair, just and reasonable trial to every accused person. The notion of the criminal trial is very relevant to the human rights. The Code of Criminal Procedure has adopted the concept of adversary system of trial based on accusatorial method. The adversary system of trial enables and ensures independent, impartial, reasonable and just trial which should be conducted in the open and competent court. However the Criminal Procedure Code provides certain anarchy provision which says the State has power to withdraw the prosecution case at any stage of a case. This provision has obviously in violation of the basic judicial tenets of the natural justice which leads to the suppression of the victim rights and moreover certain circumstance it also against the maintenance of the social order in the State. In this backdrop, this paper analysis the criminal administration system, State’s role on prosecution, provisions on the withdrawal of prosecution in the Code of Criminal Procedure, its effect on victim’s right and role of supreme court to protect the victim’s rights.
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