Lok Sabha Question No. 387 (UNSTARRED), answered on 2025-02-04
Subject: Victim Centric Justice
Ministry: HOME AFFAIRS
Asked by: Dr. Sambit Patra

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 387

TO  BE  ANSWERED  ON  THE  04 TH   FEBRUARY,  2025/  MAGHA  15,  1946 (SAKA)

VICTIM CENTRIC JUSTICE

†387.     DR. SAMBIT PATRA:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the new criminal laws provide for victim-centric justice;

(b) if so, the details thereof;

(c) whether zero FIR has been institutionalised in these laws; and

(d)  if  so,  the  details  of  the  relevant  provisions  of  Bharatiya  Nagarik Suraksha Sanhita?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI BANDI SANJAY KUMAR) (a)  and  (b):  Yes  Sir.  The  details  of  victim-centric  provisions  in  the  new criminal laws are given in Annexure. (c)  and  (d):  Section  173  of  the  Bharatiya  Nagarik  Suraksha  Sanhita (BNSS),  2023,  inter-alia,  provides  that  every  information  relating  to  the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station. *****

## Details of the v ictim-centric provisions in the new criminal laws

- i. Report  Incidents  Online:  A  person  may  now  report  incidents  by electronic communication. This allows for easier and quicker reporting, facilitating prompt action by the police.
- ii. Filing of FIR at Any Police Station: With the introduction of Zero FIR, a  person  can  file  a  First  Information  Report  (FIR)  at  any  police station, regardless of jurisdiction. This eliminates delays in initiating legal proceedings and ensures immediate reporting of the offence.
- iii. Free Copy of FIR: Victim is entitled to receive a free copy of the FIR, ensuring their participation in the legal process.
- iv. Right to Inform Upon Arrest: In the event of an arrest, the individual has the right to inform a person of his choice about their situation. This  will  ensure  immediate  support  and  assistance  to  the  arrested individual.
- v. Display of Arrest Information:  Every police station and district must now have a designated police officer not below the rank of ASI and the  information  of  all  arrested  individuals  shall  now  be  prominently displayed  in  every  police  station.  This  safeguards  the right of the accused persons and mitigates instances of custodial violence and illegal detention by police.
- vi. Progress Updates to Victims: Victims are entitled to get update on the  progress  of  their  case  within  90  days.  This  provision  keeps victims  informed  and  involved  in  the  legal  process,  enhancing transparency and trust.
- vii. Supply of police report and other documents: Both the accused and the victim are entitled to receive copies of the FIR, police report/chargesheet,  statements,  confessions  and  other  documents within 14 days.
- viii. Witness Protection Scheme:  The  new  laws  mandate  all  State Governments to implement Witness Protection Scheme to ensure the safety  and  security  of  witnesses,  enhancing  the  credibility  and effectiveness of legal proceedings.

- ix. Exemption  from  going  to  police  station:  Women,  persons  below  15 years, persons above 60 years, and those with disabilities or acute illness are exempt from attending police stations.
- x. It is mandated  that victim be heard before withdrawal from prosecution in Section 360 of BNSS. The statutory recognition of the right  of  the  victim  to  be  heard  is  a  significant  example  of  a Nyaya centric approach to criminal justice system. By mandatorily hearing the victim in proceedings regarding withdrawal of cases, the justice system  becomes  more  responsive  to  the  needs  and  concerns  of those directly affected by crime.

*****