RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

TERM PAPER – LLM (OYC)

TOPIC:
Victim Impact Statement: Justice through Victim’s Perspective

Name - Jannat Deep Bhaura

Roll no. - 22523
Batch - Semester 1 (LLM)
Date of submission: 23.11.2022

Supervisor – Dr. Gurmanpreet Kaur

Associate Professor,
RGNUL Punjab
 Term Paper – LLM (OYC) – Rajiv Gandhi National University of Law, Punjab

Acknowledgment

First and foremost, I would like to express my gratitude to my supervisor, Dr. Gurmanpreet Kaur,
who was a continual source of inspiration. She pushed me to think imaginatively and urged me to
do this research enthusiastically. Her vast knowledge, extensive experience, and professional
competence in the field of Law enabled me to successfully accomplish this paper. This endeavour
would not have been possible without her help and supervision.
I’d like to thank Rajiv Gandhi National University of Law, Punjab, for providing me with the
opportunity to work on the paper titled – ‘Victim Impact Statement: Justice through Victim’s
Perspective’.
Last but not least, I would like to express my gratitude to my family, siblings, and friends for their
invaluable assistance, and I am deeply grateful to everyone who has contributed to the successful
completion of this project.

Jannat Deep Bhaura

LLM (OYC), 1st Semester
RGNUL, Punjab
 Bonafide Research Certificate

This is to certify that the Term Paper entitled: ‘Victim Impact Statement: Justice through Victim’s
Perspective’ has been submitted to Rajiv Gandhi National University of Law, Punjab in fulfilment
of the requirements for LLM (OYC), first semester is an original and bona-fide research work
carried out by Jannat Deep Bhaura under my supervision and guidance.

Dr. Gurmanpreet Kaur

Associate Professor,
RGNUL, Punjab

2
 TABLE OF CONTENTS

1. INTRODUCTION ................................................................................................................ 4

1.1 DEFINING ‘VICTIM’ .......................................................................................................... 5

2. VICTIM IMPACT STATEMENT .................................................................................... 12

2.1 INTERNATIONAL PERSPECTIVE ....................................................................................... 13

3. VIS IN INDIA...................................................................................................................... 16

3.1 IMPACT .......................................................................................................................... 22

4. SIGNIFICANCE AND ISSUES ........................................................................................ 24

4.1 SIGNIFICANCE IN GRANTING COMPENSATION ................................................................ 24

4.2 ADVANTAGES OF VIA.................................................................................................... 26
4.3 ISSUES WITH IMPLEMENTATION OF VIR MODEL ............................................................ 27

5. VIS AND RESTORATIVE JUSTICE .............................................................................. 29

6. SUGGESTIONS AND CONCLUSION ............................................................................ 32

7. BIBLIOGRAPHY ............................................................................................................... 36

3
 1. Introduction

In criminal justice system and criminal law, a crime victim is the identified individual who has
been hurt personally and directly by the offender or defendant, as opposed to just society as a
whole. This might not always be the case, though, since victims of white-collar crime are
frequently refused their identity as victims due to the social construct of the term. These victims
may not always be easily identified or directly connected to the crime. A person who has suffered
physical, moral, material, or social harm as a result of being the direct or indirect target of
depredation is said to have been a victim of crime. Every crime must have a victim, either directly
or indirectly.
A crime is considered to be a social offence. One of the biggest abnormalities in our criminal
justice system is unintentionally introduced by this presumption: that the victim ends up being
compared with any other piece of evidence at some point along the dehumanising process. The
victims invariably find themselves without a voice or prompt reparation when the state is fully in
control of the path to "justice." In other words, the state guarantees to the victims only retributive
justice through its institutions, omitting its compensatory, distributive, social, and restorative
components. According to Hobbes, the Leviathan fails the victims two times: the first time by
failing to protect their life, liberty, and property from the wrongdoings of another, and the second
time by failing to entirely and completely put them back in their appropriate place. The fact that
the figure of Lady Justice holds a sword and a scale in each hand is a simple yet insightful
observation. It denotes that judgement will be fair and that those who have mistreated others will
face the full force of the sword. Such historical symbolic meanings may have been accurate in
describing the political systems of the past, but they cannot stand up to the strict examination of
the rights-based approach to justice used in the twenty-first century. The Lady Justice of today
needs a few extra limbs and tools to carry out her job.1

1
Duties of Front Line Professionals Towards Securing Justice for Victims : A Manual, available at
https://nludelhi.ac.in/download/publication/2017/Duty%20of%20Frontline%20Professionals%20Towards%20secu
ring%20justice%20for%20victims.pdf.

4
 1.1 Defining ‘Victim’
The authors of the 1985 UN Declaration on Basic Principles of Justice for Victims of Crime and
Abuse of Power2 purposefully gave the term "victim" the broadest amplitude when defining it to
guarantee that it was covered as much ground as possible. First, regardless of the stage of the trial
apprehension, prosecution, or conviction of the perpetrator, or even the perpetrator's relationship
to the victim—the victim persists to be treated as a victim. Second, in appropriate conditions, it
treats as victims all individuals, including the victim's family, who suffer harm in the course of
intervention to help the victim or stop the perpetrator.3 We adopt the following definition provided
by the declaration verbatim for the aforementioned reasons and the intent of this document:
“Victims” means persons who, individually or collectively, have suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment
of their fundamental rights, through acts or omissions that are in violation of criminal
laws operative within Member States, including those laws proscribing criminal abuse of
power.”
Now that the scholarly debate on the importance of the victim's status in a criminal justice system
has been thoroughly discussed, it has the potential to affect the laws governing justice systems
around the world. The sentences carefully summarize the outcome of the discussion in Directive
2012/29/EU of the European Parliament providing “minimum criteria on the rights, support, and
protection of victims of crime”4:
“…victims of crime should be recognised and treated in a respectful, sensitive and
professional manner without discrimination of any kind based on any ground such as
race, colour, ethnic or social origin, genetic features, language, religion or belief,
political or any other opinion, membership of a national minority, property, birth,
disability, age, gender, gender expression, gender identity, sexual orientation,
residence status or health. In all contacts with a competent authority operating within
the context of criminal proceedings, and any service coming into contact with victims,

2
Available at https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-basic-principles-justice-
victims-crime-and-abuse (Hereinafter referred to as ‘UN Declaration of 1985’).
3
Duties of Front Line Professionals Towards Securing Justice for Victims : A Manual, available at
https://nludelhi.ac.in/download/publication/2017/Duty%20of%20Frontline%20Professionals%20Towards%20secu
ring%20justice%20for%20victims.pdf.
4
Available at https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:315:0057:0073:EN:PDF
(Hereinafter referred to as ‘EU Directive).

5
 such as victim support or restorative justice services, the personal situation and
immediate needs, age, gender, possible disability and maturity of victims of crime
should be taken into account while fully respecting their physical, mental and moral
integrity. Victims of crime should be protected from secondary and repeat
victimisation, from intimidation and from retaliation, should receive appropriate
support to facilitate their recovery and should be provided with sufficient access to
justice.”5
The term "victimisation" has two definitions: “adversity resulting from being made a victim" and
"an act that exploits or victimises someone.” These two definitions of the same word, although
different, both highlight the issue of victimhood. Victimization is one of the more divisive
subtopics within the general theme. Victim-blaming, also known as the concept of “victim-
proneness”, is a “very moralistic approach of assigning culpability” to the victim of a crime.
Victim blaming is the practice of putting the blame for an unfortunate incident that has happened
in someone's life entirely or in part on the victim of a crime, an accident, or any other form of
abusive maltreatment, frequently when the victim had done nothing to cause the incident.6
It also involves placing the blame for personal suffering or social problems on the individual rather
than the other parties involved or the larger social structure in place. Recent research have
attempted to assess the true extent of victim-proneness. Contrary to popular belief, men in their
prime (aged 24 to 34) are more likely to become victims of repeated crimes than women are. This
is contrary to the stereotype that women are more likely to become repeat victims and are therefore
more victim-prone. Despite the fact that each study's methodology was unique, its findings must
be taken seriously, and more research is necessary.
The “culture of victimhood”7, in which the victim of a crime declares that self-created
victimisation throughout a community by gaining the sympathy of experts and peers, may also be
included in the study of victimology. The study's findings for juvenile offenders also demonstrate
that victims of serious crimes committed by persons they know are more likely to become victims
themselves. Sexual assault, common assault, and homicide were the most prevalent crimes

5
Available at https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:315:0057:0073:EN:PDF
(Hereinafter referred to as ‘EU Directive).
6
Tripathi S., ‘A Comparative Study of Laws Protecting Rights of Victim’, 2018, Faculty of Law, available at
http://hdl.handle.net/10603/259832.
7
Ibid.

6
perpetrated by adolescents against people they knew. Prevalent assault, forceful imprisonment,
armed robbery, and robbery were the most common crimes committed by adolescents who preyed
on strangers.
In the Indian criminal justice system, crime victims face a number of issues. After the crime, he
must submit a case with the police or a private complaint with the court, both of which present
onerous tasks for him. When a crime occurs, the state is required to file a case against itself. The
state must be notified of the incident, but the victim of the crime bears full responsibility for filing
the report and presenting his or her side of the story to the witnesses. The investigating phase of
the incident is also a trying time for the Indian victims. Investigations that are flawed or malicious
hurt the victims the most. The investigation officer has the option of changing the probe's course.
In a number of cases, the accusing party cooperates with the investigating police as they wrap up
their inquiries. The lengthy investigation is another major obstacle to the victims receiving
government compensation. Many different issues are brought on by various forms of crime for
various types of victims. The following four statutes control the entire criminal justice system in
India:
a) Indian Evidence Act of 1872,
b) Indian Penal Code of 1860,
c) Code of Criminal Procedure of 1973,
d) Constitution of India
The victim's role in the current criminal justice system is limited to that of a prosecution witness.
While the accused has a number of rights for their protection during the criminal trial, he has no
such rights for his atonement and rehabilitation. Victims need just wait for the court's decision.
The victim has no right to defend their interests while the matter is being tried. Modern victimology
acknowledges that victims of crime have the right to be fairly compensated, rehabilitated, and
mended regardless of the identification and prosecution of the offender, and that the State should
be responsible for making such payments.8
The victim's right to participate in the prosecution of the case opened up on the basis of a police
report is not recognized under the current code of criminal procedure. The victim in a State versus
case is only a witness. The victim is thus left to make his own recovery. The second concern is the

8
Tripathi S., ‘A Comparative Study of Laws Protecting Rights of Victim’, 2018, Faculty of Law, available at
http://hdl.handle.net/10603/259832.

7
inadequacy of the rewards given to the Victims in exchange for their reparation. It can be quite
difficult to define who is a victim, especially when determining compensation. Any plan for crime
victim compensation must include provisions for both the direct and indirect victims if it is to be
truly beneficial. India's victim compensation programme is ineffective and insufficient.
According to Section 2(wa)9 of the CrPC, 1973, the term "victim" has the same meaning in Indian
law as "person who has suffered any loss or injury caused by reason of the act or omission for
which the accused person has been charged." This definition includes the accused person's
guardian or legal heir. But there are evident flaws with this definition. The loss or injury, to start,
is not precisely defined and is up to judicial interpretation. Also, the use of the phrase "act or
omission of the accused person" reveals a compartmentalized mentality that ignores the secondary
victimisation that happens when victims struggle to obtain justice in the compensatory,
distributive, social, and restorative senses of the word or are unable to do so. The definition also
falls short of guaranteeing rights to anyone injured while offering assistance or putting an end to a
crime.10
Unlike the definition used in India, the European Union's Directive 2012/29/EU defines a victim
as a natural person who has endured harm, such as physical, mental, or emotional harm or
economic loss, which was directly brought on by the criminal offense. Additionally included are
the harmed family members of the deceased, whose death was directly brought on by the criminal
act. The term "family member" is used to refer to the victim's spouse, anyone with whom they had
a committed intimate relationship, members of their immediate family, siblings, and dependents.
The EU Directive11 and the UK Code of Practise for Victims12 of Crime both share the same
definition of victim.
According to the Canadian Victims Bill of Rights13, a victim is someone who has suffered financial
loss, physical or emotional harm, or property damage as a result of an actual or alleged crime.

9
Section 2(wa), Code of Criminal Procedure, 1973, states –
Victim - "A victim would mean a person who has suffered any loss or injury caused by reason of the act or
omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or
legal heir”.
10
Tripathi S., ‘A Comparative Study of Laws Protecting Rights of Victim’, 2018, Faculty of Law, available at
http://hdl.handle.net/10603/259832.
11
Available at https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:315:0057:0073:EN:PDF.
12
Available at
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974376/victims-
code-2020.pdf.
13
Available at https://laws-lois.justice.gc.ca/eng/acts/c-23.7/page-1.html.

8
When a victim is deceased or unable to exercise his or her rights, the act permits the victim's
spouse, anyone living with the victim in a conjugal relationship, a dependent or relative, and the
victim's actual or legal guardian to act on the victim's behalf and exercise the rights granted by the
act.14
For access to justice and help, some victim groups need specific services. Numerous support
systems are now available for victims of crimes against women such as rape, outraging women's
modesty, stalking, voyeurism, workplace sexual harassment, domestic violence, dowry demand,
acid attack, bigamy or polygamy, female foeticide, trafficking or prostitution, indecent
representation, etc. thanks to a complex legal framework.15 Mechanisms are also available in cases
of violations of the right to live in dignity, the freedom to choose one's spouse, the right to equality
in employment and education, and the apathy of the police toward women.
This paper examines the plight of victims in criminal justice system and the much needed Victim
Impact Statements are then discussed in the study. The laws favouring the victims are examined
and the applicability of Victim Impact Statements is analysed. The paper then goes into potential
faults or issues involved in this mechanism. It then outlines the researcher's opinion in form of
recommendations and concluding statement.

The following has been discussed in the paper –

1. The essence of the concept to be discussed in subsequent chapters.
2. Research Question –
a) Whether Victim Impact Statements are an effective mechanism in providing justice to
the victims ?
b) What is the significance of Victim Impact Statements in the criminal justice system ?
c) What issues entail the appropriate implementation of the Victim Impact Statements in
India ?
3. Hypothesis –

14
Duties of Front Line Professionals Towards Securing Justice for Victims : A Manual, available at
https://nludelhi.ac.in/download/publication/2017/Duty%20of%20Frontline%20Professionals%20Towards%20secu
ring%20justice%20for%20victims.pdf
15
Ibid.

9
 a. The victim's role in the current criminal justice system is limited to that of a prosecution
witness. While the accused has a number of rights for their protection during the
criminal trial, he has no such rights for his atonement and rehabilitation.
b. Under none of India's current prudential statutory rules is it necessary to have a VIA in
order to conduct business there at this moment. However, in recent years, a number of
judicial opinions have urged towards the integration of VIS as a tool to rehabilitate the
criminal justice system.
c. The framework of the model victim impact statement that is utilised in the criminal
justice system is based on the principle of restorative justice, which serves as the
guiding principle.
4. Research Methodology – The doctrinal methodology is employed to do the research work.
The process has been done meticulously and effectively by analysing case laws, concepts,
works from other authors, reports, etc.

5. Research Objective –
a. To trace evolution and need of victim impact statements
b. To analyse the framework for victim impact statements in India
c. To examine the significance and issues involved in implementation of victim impact
statements
d. To make recommendation for adequate implementation of victim impact statements

6. Literature Review
a) Tripathi S., ‘A Comparative Study of Laws Protecting Rights of Victim’, 2018,
Faculty of Law16
b) Erez E., Victim Impact Statements - Trends and Issues in Crime and Criminal Justice,
33 Australian Institute of Criminology (1991).
c) G.S Bajpai, Mainstreaming Victims of Crimes, Victim Impact Statement, February
201917

16
Available at http://hdl.handle.net/10603/259832
17
Available at: https://www.researchgate.net/publication/331045772_Victim_Impact_Statement

10
 d) J.V. Roberts and M. Manikis, Victim Personal Statements: A Review of Empirical
Research, Report for the Commissioner for Victims and Witnesses in England and
Wales, 2011.
e) Shreya Kaul, ‘Victim Impact Assessment - A Beacon of Hope for the Victim in the
Rigmarole Indian Criminal Justice’, 202118
f) Sarita K. Sharma, Feasibility and Acceptability of Victim Impact Report (Delhi Vir
Model) in India – An Analysis, 3 (4) IJLSI Page 358 - 371 (2021)19
g) Hervina Puspitosari and Bintara Sura Priambada, ‘Victim Impact Statement Model in
Criminal Justice System in Restorative Justice Perspective’, SHS Web Conf., 54
(2018) 0700620
h) Avesta Vashishtha, ‘The Relevance of Victim Impact Statement in the Legal
System’21

18
Available at https://www.nujssacj.com/post/victim-impact-assessment-a-beacon-of-hope-for-the-victim-in-the-
rigmarole-indian-criminal-justice.
19
DOI: https://doij.org/10.10000/IJLSI.11899.
20
Available at https://www.shsconferences.org/articles/shsconf/pdf/2018/15/shsconf_icolgas2018_07006.pdf.
21
Available at https://www.ccvrgnul.com/post/the-relevance-of-victim-impact-statement-in-the-legal-system.

11
 2. Victim Impact Statement

Following the commission of a crime, the victim is interrogated to supply articulations of some
kind, either verbally or in writing, that can be used to the task of determining the extent of the harm
that has been caused.22 "Victim Impact Statements"23 is the term that's used to refer to these
statements. To put it another way, victim impact statements are something that are submitted as a
part of the Victim Impact Assessment24 process. In the vast majority of instances, the victim's
friends and family members also give statements. These comments have the potential to unearth
and reveal information (about the true impact of the crime) that the court otherwise would not have
had access to if it had not been for these comments. The VIS can include, in addition to the victim's
considerations and opinions with regard to the crime and the severity of the sentence for the
accused, the intricacies and subtleties related to the economic impact of the crime, such as the costs
of medical treatment and/or counselling, the loss of salary or wages, property damage, and earnest
pleas for providing compensation or guaranteeing restitution. This information can be included in
addition to the considerations and opinions of the victim with regard to the crime On top of the
victim's thoughts and feelings about the crime, these specifics and nuances can be thrown in as
evidence. In the vast majority of instances, the prosecutor will offer assistance to the victim in
order to assist them in filling out a standardised and comprehensive form. The victim may provide
testimony of the factual circumstances, the seriousness of the crime that was committed, and the
repercussions that were borne by the victim by narrating in detail the level of damage that was
caused by the crime. This may be done by describing the extent of the victim's suffering as a result
of the criminal act. In a system that is adversarial, the arguments of the accused persons and the
victims are typically antithetical and conflicting versions of one another which results in a distorted
layout of the facts. This is because the defendants and victims are attempting to prove that the
other side is wrong. This results in the evidence being arranged in an abnormal fashion. As a result
of this, a VIS can serve a hugely crucial role in terms of reflecting the detailed and defining
elements of the victim's side of the tale. This is because of the fact that a VIS can serve as a victim
impact statement. This is due to the fact that having such an understanding is necessary in order to

22
Erez E., Victim Impact Statements - Trends and Issues in Crime and Criminal Justice, 33 Australian Institute of
Criminology (1991).
23
Hereinafter referred to as ‘VIS’.
24
Hereinafter referred to as ‘VIA’.

12
accomplish goals such as acquiring a robust comprehension of the case and gaining a clear grip on
the exact nature of the facts. Even while the VIS is not the only aspect that will determine the
outcome of the case, it nonetheless supports a perspective that is compassionate and understanding
of the victim, which helps to keep the scales of justice in a more even position. The progression of
each case is determined by its own distinct set of merits, and the simple acquisition of a VIS is
neither irrefutable proof of the guilt of the accused nor a suitable substitute for the evidence and
arguments that are legally submitted in a court of law. Each case is evaluated on its own merits as
it moves forward. However, it is possible that justice will be served most efficaciously only when
the authority that is determining the case has a deep understanding of the harm that was perpetrated
on the victim by the use of a VIS.25 This is because it is possible that justice will be served most
efficiently only when the authority that is determining the case has a profound understanding of
the case. The VIA reports can be of assistance in comprehending the psychological distress that
was produced due to the crime, and as such, they can serve as an integral part in the process of
computing damages for the process of mental anguish that was caused to the victim by the criminal
activity.

2.1 International Perspective

Within the context of the global community, VIA plays a crucial role in addressing the needs of
the victims in the following ways:
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, which
was adopted by the United Nations in 1985 (Declaration)26 was the foundational document that
paved the way for the victim empowerment movement. It set the groundwork for the
movement. This proclamation had the audacity to say that the victims should have the loudest
voices throughout the trial, which assisted in advancing the rights of victims with regard to
protection, assistance, and involvement in the judicial system. The Declaration gives victims a
forum in which they can voice their concerns at various phases of the trial, without compromising
in any way on the rights of the person who committed the crime.27

25
Bajpai, GS., Mainstreaming Victims of Crimes, Victim Impact Statement, February 2019, available at:
https://www.researchgate.net/publication/331045772_Victim_Impact_Statement.
26
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, G.A. Res. 40/34, United
Nations (November 29, 1985).
27
Supra note 19.

13
In the United States, the case known as Payne v. Tennessee28 was a landmark legal decision came
to the conclusion that the Violence Against Women Act did not go against the Constitution because
it followed the principle of proportionality. In 2004, Congress had passed the Crime Victims’
Rights which acknowledged and honoured the rights of victims to act as full participants in the
legal system. This was done by recognising and recognising the rights of victims to act as full
participants in the legal system. Additionally, victims were granted the dignity they earned as a
result of this measure.
In Canada, victims not only have the right to narrate their VIS, but the court is also permitted to
enquire, from the prosecutor, about whether or not a reasonable chance has been granted to make
a VIS. This is in addition to the fact that victims already have the right to narrate their VIS. This
comes on top of the fact that victims have the right to narrate their Victim Impact Statements (VIS).
In addition, the court might delay the proceedings so that the victim can present a victim impact
statement at a later time (VIS).29
The Victim Impact Assessment (VIA) process was first used in Scotland in 2009, and it enables
victims of serious crimes to present written statements to the court outlining the mental, bodily, or
monetary suffering that has been caused as a direct result of the crime. These statements can be
presented in the form of a victim impact statement or a victim impact statement summary. Certain
information, however, should not be shared in the victim impact statement (VIS), and this includes
the victim's opinion of the suitable sentence that should be handed down to the accused as well as
how the occurrence impacted others.30
In England and Wales, a VIS is more commonly referred to as a Victim Personal Statement (VPS).
This statement achieves the goal of conveying an account of the severity of the impact the crime
had upon the victim, which was the primary motivation for making the statement. The
establishment of guidelines for the submission of VPS information and its use in legal proceedings
is based on the Code of Practice for Victims of Crime, which serves as the basis for the construction
of these guidelines.31

28
Payne v. Tennessee, 501 U.S 808, 808–10 (1991).
29
The Criminal Code of Canada, 1985, Section 722.2.
30
Roberts, J.V. and Manikis, M., Victim Personal Statements: A Review of Empirical Research,8Report for the
Commissioner for Victims and Witnesses in England and Wales, 2011.
31
Cps.Gov.Uk, Joint Agency Guide to the Victim Personal Statement, available at:
https://www.cps.gov.uk/sites/default/files/documents/legal_guidance/joint-agency-guide-victim-personal-
statement_0.pdf.

14
When the subject of international law is brought into the limelight, it gradually becomes evident
that the Indian court system ought to make the adoption of a VIA mechanism a necessary
requirement. This realisation comes about when the topic of international law is brought into the
focus. In a country in which the victim must wait an excessive amount of time for justice and is
exposed to exploitation at multiple levels of the system, the Victims' Rights Advocacy Association
(VIA) would act as an obvious advocate for the victim's rights.32
In a decision that will be remembered as a watershed moment throughout history, the Supreme
Court of the United States inferred that victims have an unquestionable right to initiate an appeal
in which they object to the acquittal of the guilty party. This decision will go down in history as a
landmark. In addition, a considerable amount of emphasis has been focused on the notion that a
VIA is solemnly obligated to make judgements concerning situations in a more enhanced manner.
In addition, the Court has emphasised that the state is required to provide acceptable rules in order
to acquire a correct and uniform form of VIA reports for future adjudication. These reports are
going to be utilised for upcoming cases.

32
Kaul, Shreya, ‘Victim Impact Assessment - A Beacon of Hope for the Victim in the Rigmarole Indian Criminal
Justice’, 2021, available at https://www.nujssacj.com/post/victim-impact-assessment-a-beacon-of-hope-for-the-
victim-in-the-rigmarole-indian-criminal-justice.

15
 3. VIS in India

To use a phrase that is typical in the majority of legal systems across the world, we can say that
for a very significant amount of time the victims of crime in India were forgotten by the Indian
judicial system. This was the case for a very long time. The welfare of those accused was a primary
consideration for the people who drafted Articles 20 and 22 of the Constitution of India, which are
both lengthy and painstakingly produced documents. Both of these articles were included in the
Constitution. On the other hand, the victims of these crimes were not afforded any special
fundamental rights, leaving them to fend for themselves in the aftermath of the atrocities. The
upper levels of the judicial system have, on multiple occasions, stepped in to assist rape victims.
For instance, they have decided that even a person who works in the sex industry has the right to
privacy, and that the two-finger test is a violation of the right to privacy, which is a component of
the right to life.
Additionally, they have decided that the right to privacy is available even to someone who works
in the sex industry. In addition to this, they have decided that even a person who works in the sex
industry has the right to privacy. In the first draft of the Criminal Procedure Code, which was
completed in 1973, the function of a victim was envisioned as being little more than that of a
spectator who helps the state in a criminal trial as a witness. This conception of the victim's role
has since been revised significantly. The Declaration of Basis Principles of Justice for Victims of
Crime and Abuse of Power, which was adopted by the United Nations General Assembly in 1985,
served as the impetus for the commencement of a movement that attempted to give victims all
over the globe more agency.33
Both the Malimath Committee Report and the Justice Verma Committee Report addressed the gaps
that exist within the system of criminal justice in terms of protecting the interests of victims and
provided suggestions to fill such gaps. The Justice Verma Committee Report also provided
recommendations to address these gaps. In 2008, for the first time, and then again in 2013,
provisions were added that defined a victim, provided for victim compensation by the state,
provided for the victim's right to engage an advocate of his or her choice, provided for the victim's

33
Bajpai, G.S, Mainstreaming Victims of Crimes, Victim Impact Statement, February 2019, available at:
https://www.researchgate.net/publication/331045772_Victim_Impact_Statement.

16
right to appeal, and included other provisions such as specific directions to be followed in rape
trials, amongst other things. These provisions were added for the first time in 2008.

The landmark decisions include, among others:

In the case of Sakshi v. Union of India34, the Supreme Court of India published rules for the conduct
of trials involving allegations of rape and sexual abuse of children. These instructions were
included in the judgement that was handed down in this case.
In the case of Nirmal Singh Kahilon v. State of Punjab35, the Honorable Apex Court stated that the
right to a fair inquiry and trial is a right of the victim under Article 21 of the Indian Constitution.
This statement was made in reference to the fact that the case was heard. In light of the
circumstances surrounding the case, this right was acknowledged.
In the case of Bodhisattwa Gautam v. Subhra Chakraborty36, the Supreme Court of India ruled
that if a court that is trying an offence of rape has the authority to give compensation at the
conclusion of the trial, then that court also has the authority to provide compensation at any point
in the course of the trial. This was the decision that the Supreme Court of India made.
In the case of Puran v. Rambilas37, the Supreme Court of India interpreted Section 439 (2) of the
Criminal Procedure Code in such a way that it gives the victim a role in determining whether or
not an accused person is granted bail. This decision was made in light of the fact that the accused
person was the subject of the case.
In the case of Mallikarjun Kodagil v. State of Karnataka38, the Supreme Court of India ruled that
victims have the right to file appeals under the Criminal Procedure Code in higher courts to
challenge the acquittal of accused individuals, and it emphasised the necessity of having a victim
impact statement. In addition, the court ruled that a victim impact statement is necessary
(hereinafter referred to as VIS).
Under none of India's current prudential statutory rules is it necessary to have a VIA in order to
conduct business there at this moment. However, in recent years, a number of judicial opinions
have urged towards the integration of VIS as a tool to rehabilitate the criminal justice system.

34
1999 CriLJ 5025
35
AIR 2009 SC 984
36
1996 AIR 922
37
(2001 (6) SCC 338)
38
Mallikarjun Kodagali (Dead) v. The State of Karnataka on 12 October 2018.

17
These rulings have shown favourable traction towards VIS and have showed favourable traction
towards VIS.
The idea that a victim has a right to a trial that is free, fair, and free from bias has only recently
been given some consideration by the Supreme Court. When deciding whether or not to grant
bail,one of the most important considerations is the perspective of the victim of the alleged
wrongdoing.
In a recent case of Mallikarjun Kodagali39, the Apex Court, concerning the rights of the victims
of a crime, moved one step forward. Its emphasis on the need to give a hearing to the victim on
sentence. The observation of the Court was that-
“8. Among the steps that need to be taken to provide meaningful rights to the victims of
an offence, it is necessary to seriously consider giving a hearing to the victim while
awarding the sentence to a convict. A victim impact statement or a victim impact
assessment must be given due recognition so that an appropriate punishment is awarded
to the convict. ...”40
In the light of this judgment, it would be interesting to see whether the Victim Impact report can
be substituted by the Victim Impact Statement to award compensation also.
Victim Impact Report41 was already stated. In terms of the cost of repetition, VIR refers to the
report that will be created by a third party using data that has been given to it. There are three
sections to it. First, a description of the harm the convict's crime caused the victim(s), second, a
breakdown of the convict's financial resources, and third, a suggestion from a third party regarding
the compensation component.
The report must be presented in court, where the judge will decide whether to compensate the
victims. However, the Court must assess the amount of compensation in light of the evidence
submitted by the parties and the argument put forth. The VIR can therefore best be described as a
document that provides information about the salary for the aforementioned employment.
The hurt, losses, injuries, or damages incurred by the victim(s) are described in a victim impact
statement, which also includes the victim(s)' expressions of the emotional, physical, psychological,
and financial harm they believe they have endured as a result of the conduct of the crime. 19 As it

39
Mallikarjun Kodagali (Dead) v. The State of Karnataka on 12 October 2018
40
Ibid.
41
Hereinafter referred to as ‘VIR’.

18
enables the victim to express sentiments and views that would not otherwise be permitted during
trials, it represents the victim's active engagement in the criminal justice system. Additionally, it
provides an opportunity to subjectively record the impact of harm from the victim's perspective
for the court's records.
So, one of the victim's rights is to take part in the legal process. The Apex Court, which was
pragmatic about the necessity of including the Victim Impact Statement in sentencing policy, also
highlighted this point. The victim's participation in the proceedings adds to their sense of
satisfaction with the legal system and opens a path to their psychological recovery and restoration.
The VIS has drawbacks as well; for example, victims may abuse it and use it as a tool for
vengeance or payback. In other words, if the victim chooses not to participate, he or she will not
be coerced from sharing the statement. Sharing VIS is a free act on the victim's behalf. The criminal
may have the chance to cross-examine the victim in a particular situation, but, if the victim choose
to disclose the Victim Impact Statement. 42
Victim Impact Reports tend to be pro-restorative, whereas Victim Impact Statements tend to be
pro-retributive. The investigation or analysis of the impact of the harm inflicted to the victim as a
result of the conduct of a crime is a common core issue that is addressed by both, though.
Therefore, it is reasonable to assume that they could each serve as a replacement. Which one might
be preferable, though, is still up for debate.
Karan vs. State NCT of Delhi43 was a case that went before the High Court of Delhi, on November
27, 2020, and resulted in the court passing a historic verdict in favour of the most unfortunate and
forgotten people in the criminal justice administration system. The High Court has acknowledged
the difficulties that victims have in obtaining compensation for their injuries as a result of criminal
activity in this case. Concern was expressed by the Court on the fact that the provision of the
Criminal Procedure Code relating to victims' compensation was not being enforced. The
importance of ensuring that victims' rights are protected was emphasised repeatedly by the court.
As a result, the Supreme Court has unequivocally said that providing monetary compensation to
victims of crime is an acceptable means of defending their rights. In addition to this, it was
underlined that the needs of victims and their relatives (also known as secondary or tertiary

42
Kaul, Shreya, ‘Victim Impact Assessment - A Beacon of Hope for the Victim in the Rigmarole Indian Criminal
Justice’, 2021, available at https://www.nujssacj.com/post/victim-impact-assessment-a-beacon-of-hope-for-the-
victim-in-the-rigmarole-indian-criminal-justice
43
Karan vs. State NCT of Delhi, Delhi High Court, dated 27.11.2020 in Crl. A. No.352 of 2020

19
victims) may not be the same; rather, they are likely to be wide and varied. Therefore, the court
arrived to the conclusion that monetary compensation for victims of crime, despite the fact that it
cannot make up for the losses those victims have had, may nevertheless provide some measure of
comfort to such victims.
Chapter XXVII of the Criminal Procedure Code of India contains the rules for victim
compensation that are mandated by the Indian Criminal Code (CrPC). On the other hand, the same
has only infrequently been used by the Courts that are concerned. Because the discretionary powers
of the Court in the chapter indicated above are only relevant to the amount of compensation
awarded to victims of crime, it is a misconceived notion to consider using the discretionary powers
in question for a hearing on compensation issues. The provisions relating to victim compensation
are obligatory.
In light of the information presented above, the High Court of Delhi ordered the lower courts to
exercise the authority granted to them by Section 357(3) of the Criminal Procedure Code in order
to award compensation. The High Court further directed the DSLSA to submit a Victim Impact
Report (VIR) along with their recommendations to the Trial Court in the prescribed format that
was provided in the judgement. The Trial Court is then responsible for determining the amount of
compensation after taking into consideration the VIR and their recommendations. The Victim
Impact Rating (VIR) is a scale that measures how a crime affected the victim. A further purpose
of this investigation is to evaluate the accused party's capability of estimating the victim's losses
and compensating them accordingly. From the perspective of victimology, the primary goal and
objective of developing such a resolution process is to provide victims with justice that is
comprehensive and sufficient to meet their needs.44
The Indian court has always served as a watchdog and protector of the constitutional and
fundamental rights of the country's population. Compensation is a progressive step that can be
considered an integral aspect of judicial activism since it involves the formulation of a technique
that is concerned with the victim. The judicial system has started the machine that distributes
justice. On the other hand, the strength of the spikes on the wheel has not been evaluated as of yet.
It is necessary that it abide by the norm of executability. In this article, an effort was made to

44
Jadhav, Dhruv, and Khalkho, Sushant Safeguards for Marginalised a Must if India Wants to Adopt 'Victim Impact
Statement', 2020, available at https://thewire.in/law/criminal-law-reform-victim-impact-statement.

20
investigate the challenges associated with putting the Victim Impact Report- Delhi Model45 into
practise and to investigate the model's potential applicability across the entirety of India.
It is important to keep in mind that the Victim Impact Profile (VIP) and the Victim Impact
Statement or Assessment (VIS) are not the same thing at this stage. However, they both take the
same contextual approach, which is to say that they evaluate the extent to which the victim was
harmed or suffered loss as a result of the criminal activity perpetrated by the offender. However,
they are not interchangeable with one another due to the differences in their scope, purposefulness,
and the application of method. The Victim Impact Statement or Assessment, sometimes known as
a VIS, is an established document in the study of victimology. The Victim Impact Statement (VIS)
is a document that a victim submits to the court in order to indicate how the crime has affected or
is continuing to affect him or her. When determining the appropriate punishment for the convicted
individual, this paper is taken into consideration.
In contrast, the VIR is a report that was compiled by an independent organisation following the
completion of a brief investigation. It is to decide the compensation for the sufferer. In this
particular piece of work, only a small portion of VIS that is pertinent to comparative studies has
been taken into consideration. In addition, the purpose of this article is to investigate whether or
not the mode and procedure outlined in the ruling are appropriate for the distribution of
compensation.
A discussion of the Victim Impact Report has already taken place. Concerning the reiteration cost,
the VIR is the report that is going to be generated by a third party using the information that is
given to it. It is made up of three separate components. The first component is a description of the
harm that was caused to the victim(s) as a result of the convict's commission of a crime, the second
component is an assessment of the convict's ability to pay, and the third component is a
recommendation regarding the compensation component made by a third party. The report needs
to be filed with the court, where the judge will evaluate it before deciding whether or not to award
compensation to the victims. However, the court is required to arrive at a decision regarding the
amount of compensation by considering both the evidence that the parties have submitted into the
official court record as well as the arguments that have been presented. As a result, the VIR can,

45
Sharma, Sarita K., Feasibility and Acceptability of Victim Impact Report (Delhi Vir Model) in India – An
Analysis, 3 (4) IJLSI Page 358 - 371 (2021), DOI: https://doij.org/10.10000/IJLSI.11899

21
at best, be described as an instructive document concerning the sum of money that would be
received in the scenario described above.
A statement of the harm, losses, injuries, or damages suffered by the victim(s) regarding their
perception and expressions of the emotional, physical, psychological, or economic harm they
suffered as a result of the commission of a crime is referred to as a victim impact statement. This
type of statement is also known as a victim impact report.46
Because it allows the victim to convey thoughts and sentiments that are otherwise not allowed at
trials, it is a sign of the victim's active engagement in the system of criminal justice. This is because
the victim is allowed to do so. In addition to this, it provides the opportunity for the victim to place
on the record in a subjective manner the impact of the injury that was caused to them by the
defendant. As a result, one of the rights afforded to the victim is the opportunity to take part in the
legal procedures. The same thing has been stressed by the Apex Court, which stated that it was
realistic about the necessity of the Victim Impact Statement to incorporate in the policy about
sentence. Participation by the victim in the processes not only provides the victim with an increased
sense of satisfaction with the legal system but also opens the door to psychological healing and
restoration. The Victim Impact Statement has a number of drawbacks, one of which is that it has
the potential to be abused by the victims, who may use it as a tool for exacting revenge or reprisal.
Because providing VIS is a voluntary act on the side of the victim, it is important to note that the
victim will not be coerced into providing the statement if they do not wish to participate in the
programme. The offender may have the option to cross-examine the victim in a particular case if
the victim decides to share the Victim Impact Statement. However, if the victim does not share the
statement, the offender will not have this opportunity.

3.1 Impact47
In the recent case of Karan vs. NCT Delhi48 that was heard by the Delhi High Court in India, the
court ruled that the filing of victim impact reports should be made mandatory, and that courts
should order the accused to pay compensation to the victim, particularly in instances where ne

46
Jadhav, Dhruv and Khalkho, Sushant Safeguards for Marginalised a Must if India Wants to Adopt 'Victim Impact
Statement', 2020, available at https://thewire.in/law/criminal-law-reform-victim-impact-statement.
47
Halder, , Prof. (Dr.) Debarati VICTIM IMPACT STATEMENT AND ITS IMPACT ON INDIAN LEGAL
EDUCATION, 2022, available at https://www.ccvrgnul.com/post/victim-impact-statement-and-its-impact-on-
indian-legal-education.
48
Karan vs. State NCT of Delhi, Delhi High Court, dated 27.11.2020 in Crl. A. No.352 of 2020.

22
does not form a part of the sentence. The victim impact report has to go via the District Legal
Services Authorities in order to be processed, as this is the only way to verify the effect that the
victimisation of the crime had on the victims and the offender's ability to pay. The important thing
to take away from this is that the previously mentioned case includes information regarding a
victim impact report, which, despite the fact that it is not the same thing as a victim impact
statement, has been interpreted in a way that is pretty similar to the latter. The term "victim impact
statements" may refer to a broader concept, one that may include an open and honest declaration
made by the victim about how he or she feels about being a victim of the crime, as well as the
behaviour of the offender and the entirety of the criminal justice system that had dealt with the
case.49 This assists the court in determining the appropriate sentence and in providing both moral
and financial support to the victim, particularly victims of domestic violence, victims of child
abuse, victims of cybercrimes, and victims of elder abuse. The victim impact report could actually
lead to a better understanding of where 'repairing' needs to be done and how much it could end up
costing to repair the damage. However, when looking at it from the perspective of the purpose of
such a victim impact statement and/or victim impact report, it is also important to understand that
victimology and understandings of compensatory jurisprudence for realising the right to restitution
of the victims have played a significant role in completing this long absent issue in the Indian
criminal justice system. This is something that must be understood. This is the In this context, it is
essential not to overlook the significance of victimology as a subject studied within the context of
traditional legal education. It is necessary to include the concept of victim impact statement in the
credit courses that are offered in legal education because the concept is relatively new to the Indian
judicial system. This is necessary so that future judicial officers, prosecutors, and defendants
would be notified about this, who in turn might very well make the victims empowered in this
regard and could also make the defendants ready to recognise their liabilities.50

49
Halder, Prof. (Dr.) Debarati, VICTIM IMPACT STATEMENT AND ITS IMPACT ON INDIAN LEGAL
EDUCATION, 2022, available at https://www.ccvrgnul.com/post/victim-impact-statement-and-its-impact-on-
indian-legal-education.
50
Kaul, Shreya, ‘Victim Impact Assessment - A Beacon of Hope for the Victim in the Rigmarole Indian Criminal
Justice’, 2021, available at https://www.nujssacj.com/post/victim-impact-assessment-a-beacon-of-hope-for-the-
victim-in-the-rigmarole-indian-criminal-justice.

23
 4. Significance and Issues

4.1 Significance in Granting Compensation

It would appear that the Victim Impact Report is the least important document for the court to
consider when deciding whether or not to grant victim compensation in accordance with Section
357 of the Criminal Procedure Code for the following reasons51:
a) If everything is as it seems, the Trial Court will have to decide the amount of compensation
based on the evidence that was presented and the arguments that were made by both sides.
b) As a result, the VIR is relevant for evaluation of the injuries produced as well as the
convict's ability to pay for those harms. Nevertheless, it is not necessary to comply with
the recommendation that was provided by the DSLSA. Even after the entire process that
was outlined above has been completed by DSLSA, it is reasonable to assume that all of
the arguments regarding the amount of compensation that will be given will continue to be
open for consideration by the Trial Court.
c) As another illustration, there is no possibility of giving recommendations if the DSLSA
determines that the convicted individual does not possess the financial ability to pay.
d) In addition, in the event that the trial court discovers the precise status of the accused, the
Court is required to utilise Section 357A of the Criminal Procedure Code. In that event, the
DSLSA will be notified once more to review the situation. In addition, it is important to
keep in mind that the victim's compensation plan that is outlined in this article is only
applicable to particular serious offences. It does not protect victims of all types of crimes,
for example, it does not cover the victim's loss or damage that was incurred as a result of
an offence against property.
e) In the event that Section 357A is triggered, a distinct procedure is to be followed. This is
due to the fact that, in this scenario, the compensation is not to be given by the convict to
the victim; as a result, the convict does not have any part to play in this scenario. The
DSLSA is going to pay the compensation out of the fund that was set up specifically for
this purpose. However, in accordance with subsection (3) of section 357 of the Criminal

51
Sharma, Sarita K., Feasibility and Acceptability of Victim Impact Report (Delhi Vir Model) in India – An
Analysis, 3 (4) IJLSI Page 358 - 371 (2021), DOI: https://doij.org/10.10000/IJLSI.11899.

24
 Procedure Code, the convicted party is required to compensate the victim using finances
of their own.
As a result, the convict has a good chance of successfully challenging the inquiry or the VIR in
front of a court of law on a variety of grounds. These could include refuting the harm and its impact
that was claimed therein, a lack of fairness in the inquiry, or a report that was based on incorrect
information facts.
It would appear that the victim's account of the harm that occurred is not accompanied by any type
of consequence in the Victim Impact Report. Because of this, it would show a lack of fairness
against the criminal who is instructed to recompense the victim without the convict himself
receiving the opportunity to cross-examine the victim in reference to this matter.
The process that is prescribed looks to be difficult to understand, time-consuming, and expensive.
It also requires a significant amount of human resources, and the Victim Impact Report is not
particularly useful.
For example, the DSLSA will continue to monitor all of the cases until they reach a conclusion. In
other words, until all of the available legal options up to the Supreme Court have been exhausted
by the parties. Because of this, the legal cell authority's sources, cash, and resources will be
diverted away from their other important and practical activities; or
There is also the possibility that issues pertaining to other statutory provisions will emerge, such
as those pertaining to the right to appeal, revisions, the effect on limitation periods, the multiplicity
of litigations (for example, two appeals may be preferred first against the judgement of conviction
and another later against the verdict on sentence), bail, jail, or parole.
An analysis reveals that in addition to other complexities, the VIR-Delhi Model (emphasised) lacks
the voluntariness of victim participation. This is due to the fact that the procedure of victim
participation has been made obligatory in all conviction instances.
Taking into account the size of India's population, this undertaking is not only difficult but also
pricey and time-consuming as well. For example, in the year 2019, the total number of cases that
resulted in a conviction in Delhi included 17,57430 instances prosecuted under the Indian Penal
Code and 6356 cases prosecuted under special legislation. Even if we assume 365 days to be
working days, the ratio of cases that go through the VIR-D process will be 48 cases under IPC
alone every day. This is the case even if we consider 365 days to be working days. One must also
take into consideration the other aspects, which include the population-to-police-personality ratio,

25
the number of cases handled by each judicial officer, and the infrastructure. The number of people
who have been found guilty in India as a whole comes to 8,37,07531 cases under the Indian Penal
Code and 13,78,32232 cases under special laws.52
The points that were made earlier serve as examples. The empirical data in this regard allowed for
the explanation and interpretation of the ground reality. In the absence of empirical data, the author
makes assumptions about the problems, performs analysis of those hypotheses, and makes an
attempt to interpret the rules based on the known legal characteristics of the criminal justice
delivery system. In a nutshell, there is a need for modification in both the defined mode and the
formulation of the victim Impact report in order to improve the real practicability and applicability
of the procedure. It's possible that in its current shape, the same mechanism won't be able to provide
and guarantee full justice for any of the parties involved.

4.2 Advantages of VIA

This results in the production of clear imagery for the court to adjudicate upon, which places the
court in an enhanced condition from which to determine the proper amount of compensation as
well as the punishment magnitude. VIA reports have the potential to offer an account of the case
that is both detailed and well-clarified. This results in the production of a clear imagery for the
court to decide upon.
Because the courts will have a comprehensive and exhaustive understanding of the case, which
will not solely revolve around the accused, a thorough VIA may also help a victim to indirectly
obtain bail orders that are dispensed with. This is because the courts will have an extensive and
all-encompassing understanding of the case. This is due to the fact that the courts will be aware of
the existence of a thorough VIA.
Victims who have access to VIA reports will have a higher level of satisfaction with the sentence
that is handed down by the court, and they may also have a more unwavering faith in the legal
system as a result. Complaints lodged by the victim stem more from the fact that they were left out
of the process than they do from the fact that they were handed an unfair decision. When compared
to victims whose voices were hushed, victims who could afford to communicate their wishes and

52
Sharma, Sarita K., Feasibility and Acceptability of Victim Impact Report (Delhi Vir Model) in India – An
Analysis, 3 (4) IJLSI Page 358 - 371 (2021), DOI: https://doij.org/10.10000/IJLSI.11899.

26
opinions are relatively more delighted with the final rulings. victims who had their voices masked
were unable to speak out about what happened.
Additionally, parole officials have the ability to use VIS in order to set limits for the release of
convicted offenders who are utilising the tool. This ability is made possible by the VIS. It is crucial
to point out that because crimes can incur great mental and emotional trauma, the telling of a VIS
can be a cathartic experience and has been proven to imitate the beneficial effects of therapy. It is
also important to point out that because of this, it is important to point out that it has been shown
to replicate the beneficial effects of therapy. There is a need to make mention of this particular
point. Not only is the victim the most appropriate person to represent the social alarm bells that
have been rung in his community due to the occurrence of the crime, but the victim also possesses
the competence to describe the crime impact statements in ways that would assist in the
legitimization of the procedure of punitive action and could possibly invoke regret and a sense of
realisation within the accused.
Social alarm bells have been rung in his community due to the occurrence of the crime. The victim
is not just the most appropriate individual to stand in for the social warning sirens that have been
sounded in his society as a result of the fact that the accused individual would have the opportunity
to learn the precise ramifications of the crime, in addition to the anguish that he is responsible for
causing, which would inspire him to participate in self-reflection and possibly rehabilitation in the
future. The victims will no longer be seen as if they were only bystanders, but rather as essential
cogs in the machinery of the legal system. This indicates that they will have the opportunity to
play important roles in the administration of justice within their own communities.53

4.3 Issues with Implementation of VIR Model

The author is aware that in order to apply the procedure in terms of the Karan Case as outlined
above, all of the parties involved in the administration of justice will need to confront unique
fundamental obstacles. It is quite likely that there will be a holdup in the process of passing
judgement on the punishment if there is a waiting time of at least sixty (sixty) days, which should
ideally occur in every conviction case.

53
Prof. (Dr.) Debarati Halder, VICTIM IMPACT STATEMENT AND ITS IMPACT ON INDIAN LEGAL
EDUCATION, 2022, available at https://www.ccvrgnul.com/post/victim-impact-statement-and-its-impact-on-
indian-legal-education

27
It is presumed that all of the parties will fulfil their obligations within the allotted amount of time.
Despite the lack of empirical data, it is important to keep in mind the external factors that could
have a negative impact on the time frame. These external factors include the general pendency of
cases in Trial Courts, the working culture of legal professionals and the courts, and the availability
of competent and authorised human resources at the appropriate time. For example, a delay in
submitting the convict's affidavit of more than ten days or a delay in filing the prosecution's
affidavit of more than thirty days cannot be ruled out even if it is assumed that the delay was caused
by some plausible and justifiable reasons. The longer the delay, the more likely it is that the
conviction will be overturned.
In a similar vein, the trial court is not required to send any pertinent records to the DSLSA within
a certain amount of time. After "immediately" receiving the affidavit from the convicted
individual, according to the stipulated rule. The phrase "immediately" should not be taken to mean
"before hands;" rather, the action in question should be fair and carried out within a reasonable
amount of time or proceed without undue delay.
It is not possible to rule out the possibility of a delay in the mandatory inquiry, recommendation,
preparation of the VIR, and submission of the same by the DSLSA beyond 30 days from the date
of receiving all of the documents from all concerns. This is especially true when the Authority has
to depend on individuals from different departments who are not directly under their control or
supervision. Additionally, there is not a specific time limit or set of obligatory regulations that
have been specified for the aid in inquiry that must be completed within 30 days. e. Additionally,
after the Trial Court has obtained the VIR from DSLSA, there is no predetermined timetable for
making a decision regarding the compensation.
As a result, it is impossible to rule out the possibility that there would be a delay in delivering
justice to the satisfaction of all of the relevant parties.54

54
Kaul, Shreya, ‘Victim Impact Assessment - A Beacon of Hope for the Victim in the Rigmarole Indian Criminal
Justice’, 2021, available at https://www.nujssacj.com/post/victim-impact-assessment-a-beacon-of-hope-for-the-
victim-in-the-rigmarole-indian-criminal-justice.

28
 5. VIS and Restorative Justice

The fundamental objectives of the restorative justice process are to reroute situations away from
the formal system of criminal justice and into the formal system of formal justice, where they can
be resolved through the use of discussion. This is achieved through the utilisation of discretion as
well as various forms of sentencing.
In a system of criminal justice that employs restorative justice, the role of the victim impact
statement is necessary so that it can place a stronger emphasis on what the victim intends in the
hopes of achieving substantial justice between victims and perpetrators. This is done in order to
prevent injustice from being perpetuated in the relationship between victims and perpetrators. This
ensures that the system does not only prioritise the system of incarceration, but also takes into
account alternatives to prosecution, for instance the social work system and compensation, with a
significantly larger emphasis placed on highlighting the restoration of links between victims and
perpetrators. Alternatives to criminal prosecution include the social work system and
compensation.
There are a few different categories of criminal law, the most common of which are the material
criminal law and the formal criminal law. A judicial network that is a material component of
criminal law is what we refer to as the justice system. However, when analysing this organisation,
one must take into account the social context in which it operates. Because of the nature of being
overly formal, if it is founded on only legal concerns, it would result in an injustice that is incapable
of being repaired. The phrase "integrated criminal justice system" refers to a coordination or
opportunity that can be subdivided into the following groups:
a) "Structural synchronisation" refers to "uniformity and harmony within the framework of
the relationship between law enforcement agencies;
b) "Substance synchronisation" refers to "vertical and horizontal uniformity and harmony in
relation to positive law;
c) "Structural synchronisation" refers to "uniformity and harmony within the framework of
the relationship between law enforcement agencies;55

55
Puspitosari, Hervina and Sura Priambada, Bintara, ‘Victim Impact Statement Model in Criminal Justice System in
Restorative Justice Perspective’, SHS Web Conf., 54 (2018) 07006 available at
https://www.shs-conferences.org/articles/shsconf/pdf/2018/15/shsconf_icolgas2018_07006.pdf.

29
Since some crimes are never reported, the justice system is unable to address all of the issues that
are brought on by criminal activity in society. This is one of the reasons why society is in such a
state of disarray. The commission of crimes must first be reported to the authorities, and then the
perpetrators of such crimes must be brought to justice. Only then can the criminal justice system
operate effectively. The final step is for the court to hand down a ruling, which, in the end, must
return the results of the criminal activity to the society from which it arose.
The significance of the role that criminal legislation performs in the administration of criminal
justice originates from the fact that legislation confers authority on decision-makers and provides
a legal groundwork for the policies that are put into effect. This makes the role of legislation in the
administration of criminal justice an extremely important one. Institutions of law not only take part
in the process of establishing policies, but they also provide the legal framework that is essential
to do so, and they also put in place predetermined policy programmes. As a consequence of this,
each and every one of these things is a component of legal politics, which is comprised of three
major functions: the formulation of laws, the implementation of laws, and the exercise of power
and competence.
As a result of a victim impact statement in the criminal justice system, restorative justice is more
on the priority list of the victim's will as an effort to recover from the loss of the victim as a result
of the crime committed by the perpetrator in a perspective. This is done in an effort to recover
from the loss of the victim as a result of the crime committed by the perpetrator. This is an attempt
to make amends for the death of the victim that was brought on by the criminal's actions. Therefore,
in order to reform criminal law, it is important to make updates to the Criminal Procedure Code as
well as substantive changes to the terms of the sanctions that are contained within the Criminal
Code. Together, these changes must be made in the Criminal Code. 56
A Victim Impact Statement is a written statement that provides specifics about the impact that
criminal acts perpetrated against a person as a victim have had on the life of that person as a victim.
This statement is typically requested by law enforcement after a crime has been committed against
a person. A victim impact statement was given to the judge who ultimately decided the sentence
for the criminal so that the judge may acquire a deeper comprehension of the victim's point of

56
Puspitosari, Hervina and Sura Priambada, Bintara, ‘Victim Impact Statement Model in Criminal Justice System in
Restorative Justice Perspective’, SHS Web Conf., 54 (2018) 07006 available at
https://www.shs-conferences.org/articles/shsconf/pdf/2018/15/shsconf_icolgas2018_07006.pdf.

30
view. In light of the fact that the court is aware of the repercussions that the unlawful act has
brought about, it is obligatory for the court to take into consideration the impact statement system
when making a decision regarding the case.
The Victim Impact Statement can take the form of specific details of personal injury, loss, or
damage suffered by a victim as a result of a criminal offence, both in the short term and the long
term, which is a direct result of the criminal act. These details can be presented in either a
chronological or non-chronological format. These particulars may be outlined in either a
chronological or a non-chronological fashion, depending on one's preference. You have the option
of giving specifics on emotional and psychological ailments, as well as attaching relevant medical
documents and expenses related to such injuries. You also have the choice to include information
on how much you have spent on treatment for those injuries. The person who was the target of the
criminal activity is the one who is responsible for writing the Victim Impact Statement. In the
event that the victim is unable to write it himself, however, in some situations other people,
including members of the victim's family, may be able to write it for the victim.57

57
Puspitosari, Hervina and Sura Priambada, Bintara, ‘Victim Impact Statement Model in Criminal Justice System in
Restorative Justice Perspective’, SHS Web Conf., 54 (2018) 07006 available at
https://www.shs-conferences.org/articles/shsconf/pdf/2018/15/shsconf_icolgas2018_07006.pdf.

31
 6. Suggestions and Conclusion

Recent events have resulted in the Allahabad High Court 58 making a request to the Supreme Court,
that it take into account the reports of Victim Impact Statements while dealing with "severe and
heinous violations." However, the issue of whether or not the accused received an unfair
punishment in certain circumstances has been brought up on multiple occasions. The practise of
basing assessments on purely subjective elements like feelings is frowned upon by a number of
social scientists. It is generally accepted that each victim has a unique capacity for coping with the
trauma they have experienced, and that the effects of a specific crime may not be the same on
various people. Therefore, taking into account the victim impact reports may lead to an unfair
treatment of the guilty while still requiring them to face punishment.
It has also been suggested by many schools of thought that permitting a victim to dehumanise an
accused person, sometimes even through the use of rhetorical language, can influence the juror
and lead to a decision that is biased. The facts that the victim asserts may not be relevant to the
case at hand, but they have the potential to sway the judge in their favour and amplify the findings
of the investigation. This will make it more difficult for the judge to form an opinion that is in line
with the requirements of a just legal system.59
When a person who has been the victim of a crime in India seeks to get justice, he frequently
discovers that he is stuck in a swamp of intolerance, apathy, and laxity in the process. If the author
of this essay does not present a set of suggestions that are workable and have the potential to
contribute to an improvement of the discouraging condition, then the goal of the essay will not be
achieved. The author proposes that the following list of measures should be applied in order to
improve the dangerous condition, and it is presented below for your convenience:
It would be beneficial for victims to engage in the VIA process if enabling instructions were
published and made available to them. To achieve this goal, it may be necessary to conceal VIS
from the accused or to conduct proceedings in private in order to safeguard the victims
constitutionally protected right to have their right to privacy respected.

58
Available at https://www.barandbench.com/news/litigation/victim-impact-assessment-report-should-be-
considered-before-granting-bail-in-serious-cases-allahabad-high-court-to-supreme-court
59
Vashishtha, Avesta, ‘The Relevance of Victim Impact Statement in the Legal System’ available at
https://www.ccvrgnul.com/post/the-relevance-of-victim-impact-statement-in-the-legal-system

32
Additionally, in order to prevent the misuse of VIA reports, the victim should not have the
authority to decide the length of the punishment; rather, he should simply be required to explain
the severity with which he was affected by the crime as well as the losses that he had to endure.
This should be done in order to prevent the victim from abusing the VIA report system.
Instruction and training of physicians, psychologists, and other specialists to prepare long-lasting
VIA reports that do not in any way unjustly impede the cause of the victim in any way, but also
do not belligerently fixate the blame upon the alleged perpetrator, should be a highest priority for
the government, which should take the lead in allocating substantial resources and funds for this
purpose.
During the process of filing the FIR itself, there is a possibility that the Victim Impact Statement
(VIS) would be recorded. This would make the process easier to follow, save time, money, and
effort, and remove the risk of the victim having an unfavourable predisposition as a result of their
decaying memories. In addition to this, doing so would make it possible to prevent the potential
of the victim's traumatic experience leading to the development of a negative predisposition.
The framework of the model victim impact statement that is utilised in the criminal justice system
is based on the principle of restorative justice, which serves as the guiding principle. The
fundamental objectives of the restorative justice process are to reroute situations away from the
formal system of criminal justice and into the formal system of formal justice, where they can be
resolved through the use of discussion. This is achieved through the utilisation of discretion as
well as various forms of sentencing.
In a system of criminal justice that employs restorative justice, the role of the victim impact
statement is required so that it can place a greater emphasis on what the victim wants in order to
achieve substantial justice between victims and perpetrators. This is done in order to prevent
injustice from being perpetuated in the relationship between victims and perpetrators. This ensures
that the system does not only prioritise the system of imprisonment, but also takes into account
alternatives to criminal prosecution, such as the social work system and compensation, with a
greater emphasis placed on prioritising the restoration of relationships between victims and
perpetrators. Alternatives to criminal prosecution include the social work system and
compensation.
In the setting of restorative justice, the actual impact of a victim impact statement on the criminal
justice system is the achievement of yet more justice on the priority of the victim's will as part of

33
a process to recover from the loss of the victim as a result of the crime committed by the
perpetrator. This is done as a part of an attempt to recover from the loss of the victim as a result of
the crime that was committed by the perpetrator. This is done as part of an effort to make amends
for the loss of the victim as a direct result of the criminal act perpetrated by the perpetrator. An
effort to reform criminal law is essential because it is necessary. This is due to the substance of the
provisions of the sanctions contained in the Criminal Code as well as amendments to the Criminal
Procedure Code.
A Victim Impact Statement is a written statement that provides specifics about the impact that
criminal acts perpetrated against a person as a victim have had on the life of that person as a victim.
This statement is typically requested by law enforcement after a crime has been committed against
a person. A victim impact statement was given to the judge who ultimately decided the sentence
for the criminal so that the judge may acquire a deeper comprehension of the victim's point of
view. In light of the fact that the court is aware of the repercussions that the unlawful act has
brought about, it is obligatory for the court to take into consideration the impact statement system
when making a decision regarding the case.
Therefore, in order to instil confidence in the judicial system among the general public, both of
these objectives should be given equal weight. The judicial system deserves praise for the
initiatives that it has achieved. On the other hand, the mechanism that was developed for
enforceability had the impression of being more promising on paper from the aspect of its
practicality. It requires a great deal of tweaking or modifying in any way.
In light of this, it is recommended that the implementation of the Victim Impact Report Delhi (also
known as the VIR-Delhi Model) be postponed for the time being. Instead, comprehensive
empirical and legal research should be carried out in a time-bound manner in order to achieve
fruitful results in the future. Also, until there is a process that is fully functional, the Trial Courts
can be directed to issue a notice to the victim stating that, if the victim so chooses, they may
participate in the proceedings and share their Impact Statement (VIS) verbally or in writing before
it. This can be done either before or during the proceeding.
In a similar vein, the court in question has the authority to order the accused person or the convicted
person to submit an affidavit of assets and income or a statement that he or she is insolvent along
with all pertinent information. After that, the court may conduct investigations in such
circumstances as it deems necessary before deciding whether or not to grant compensation. The

34
considerations for taking into consideration the impact of the harm that are indicated in the VIR-
D will serve as a reference for the Court to use when determining the amount of compensation to
be awarded.

35
 7. Bibliography

Research Papers, Reports and Articles

i. Duties of Front Line Professionals Towards Securing Justice for Victims : A Manual,
available at
https://nludelhi.ac.in/download/publication/2017/Duty%20of%20Frontline%20Profess
ionals%20Towards%20securing%20justice%20for%20victims.pdf
ii. Tripathi S., ‘A Comparative Study of Laws Protecting Rights of Victim’, 2018,
Faculty of Law, available at http://hdl.handle.net/10603/259832
iii. Erez E., Victim Impact Statements - Trends and Issues in Crime and Criminal Justice,
33 Australian Institute of Criminology (1991).
iv. G.S Bajpai, Mainstreaming Victims of Crimes, Victim Impact Statement, February
2019, available at:
https://www.researchgate.net/publication/331045772_Victim_Impact_Statement
v. J.V. Roberts and M. Manikis, Victim Personal Statements: A Review of Empirical
Research,8Report for the Commissioner for Victims and Witnesses in England and
Wales, 2011.
vi. Cps.Gov.Uk, Joint Agency Guide to the Victim Personal Statement, available at:
https://www.cps.gov.uk/sites/default/files/documents/legal_guidance/joint-agency-
guide-victim-personal-statement_0.pdf
vii. Shreya Kaul, ‘Victim Impact Assessment - A Beacon of Hope for the Victim in the
Rigmarole Indian Criminal Justice’, 2021, available at
https://www.nujssacj.com/post/victim-impact-assessment-a-beacon-of-hope-for-the-
victim-in-the-rigmarole-indian-criminal-justice
viii. Sarita K. Sharma, Feasibility and Acceptability of Victim Impact Report (Delhi Vir
Model) in India – An Analysis, 3 (4) IJLSI Page 358 - 371 (2021), DOI:
https://doij.org/10.10000/IJLSI.11899
ix. Hervina Puspitosari and Bintara Sura Priambada, ‘Victim Impact Statement Model in
Criminal Justice System in Restorative Justice Perspective’, SHS Web Conf., 54
(2018) 07006, available at

36
 https://www.shsconferences.org/articles/shsconf/pdf/2018/15/shsconf_icolgas2018_07
006.pdf
x. Avesta Vashishtha, ‘The Relevance of Victim Impact Statement in the Legal System’
available at https://www.ccvrgnul.com/post/the-relevance-of-victim-impact-
statement-in-the-legal-system

Statutes
i. The Code of Criminal Procedure, 1973
ii. The Criminal Code of Canada, 1985

Internet Sources
i. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-basic-
principles-justice-victims-crime-and-abuse
ii. https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:315:0057:0073:
EN:PDF
iii. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachm
ent_data/file/974376/victims-code-2020.pdf
iv. https://laws-lois.justice.gc.ca/eng/acts/c-23.7/page-1.html
v. https://www.barandbench.com/news/litigation/victim-impact-assessment-report-
should-be-considered-before-granting-bail-in-serious-cases-allahabad-high-court-to-
supreme-court

37