This article delves into a significant legal issue addressed by the Patna High Court: the definition of "victim" within the context of India's Code of Criminal Procedure (CrPC), and its implications for the rights of those affected by crime. The court examined several criminal revision cases to determine whether the complainants or informants in these cases should be considered "victims" under Section 2(wa) of the CrPC. This section defines a "victim" as someone who has suffered loss or injury due to the actions or omissions of the accused. The legal determination of this definition impacts whether an individual can file an appeal or a revision application against a court's decision, particularly in cases of acquittal.
The Core Legal Question
The central question in these cases was whether the petitioners, who were complainants or informants, should be classified as "victims." If classified as victims, they would be entitled to file an appeal under Section 372 of the CrPC. If not, their ability to challenge a court's decision, especially an acquittal, would be more limited, restricted to a revisional application under Sections 397 and 401 of the CrPC. The distinction is crucial because an appeal allows for a broader examination of both the facts and the law, whereas a revision has a narrower scope, primarily focused on the legality, correctness, or propriety of the court's decision.
Brief Overview of the Cases
The Patna High Court consolidated several criminal revision applications to address this common legal question. Here’s a snapshot of each case:
Criminal Revision No. 133 of 2020: The petitioner was the informant in a case involving an assault on her husband. The accused were acquitted, and the informant filed a revision petition challenging this acquittal.
Criminal Revision No. 137 of 2020: The informant challenged the acquittal of the accused in a case involving charges of assault and other offenses.
Criminal Revision No. 136 of 2020: The complainant alleged torture and harassment by her husband and his relatives. She challenged the dismissal of her appeal against the acquittal of the accused.
Criminal Revision No. 131 of 2020 & Criminal Revision No. 138 of 2020: These cases involved similar facts where the complainants alleged physical and mental torture. The petitioners, daughters of the original complainant (now deceased), claimed to be victims and challenged the acquittal of the accused.
Legal Provisions in Question
The court examined the following sections of the CrPC:
Section 2(wa): Defines "victim."
Section 372: Deals with the right to appeal.
Sections 397 and 401: Relate to the High Court's power of revision.
Court's Analysis and Decision
The Patna High Court analyzed the definition of "victim" under Section 2(wa) of the CrPC, interpreting it to include those who have directly suffered loss or injury due to the accused's acts or omissions. The court emphasized that the injury should have a proximate relationship to the person claiming to be a victim.
The court made the following observations:
In Criminal Revision Nos. 131, 136, 137, and 138 of 2020, the petitioners were indeed considered victims. In the cases related to matrimonial disputes, the daughters of the deceased complainant were also recognized as victims, as they suffered harm due to the acts committed against their mother.
In Criminal Revision No. 133 of 2020, the court acknowledged that the informant suffered mental trauma due to the injury caused to her husband and hence was a victim. However, the court held that the informant, being a victim, was entitled to file an appeal against the acquittal under Section 372 of the CrPC.
Concluding Remarks
The Patna High Court’s decision clarifies and reinforces the rights of victims in the Indian criminal justice system. By interpreting Section 2(wa) of the CrPC, the court has ensured that individuals who suffer harm, whether physical, mental, or emotional, due to a crime, have the right to challenge the decisions of lower courts. This is a progressive step that empowers victims and provides them with a more effective means of seeking justice. The court's emphasis on the right to appeal, rather than relying solely on the more limited revisional jurisdiction, strengthens the position of victims in the legal process.
Read the full judgement Below;
https://patnahighcourt.gov.in/viewjudgment/NyMxMzMjMjAyMCMxI04=---am1--AppndLWsqs=
