Victim of crime should have a say in punishment: SC

Krishnadas Rajagopal

NEW DELHI, OCTOBER 15, 2018 00:00 IST

The victim of a crime should have a say in the punishment of the criminal, the Supreme Court has said in a judgment.

A Bench of Justices Madan B. Lokur. S. Abdul Nazeer and Deepak Gupta held that punishment should be “meaningful” to the victim also.

For this, “it is necessary to seriously consider giving a hearing to the victim while awarding the sentence to a convict”, the Bench said.

In criminal prosecution, the State takes the front seat while the victim becomes a prosecution witness. The crime is primarily considered a wrong against society and the punishment, a deterrent for prospective offenders.

With its order, the Supreme Court has made it clear that the victim or her family — who has suffered the crime — should have an equal say in the punishment of the perpetrator.

“A victim impact statement or a victim impact assessment must be given due recognition so that an appropriate punishment is awarded to the convict,” Justice Lokur observed.

What may be ‘justice’ in the rule book may not serve the victim.

Taking another step further, Justice Lokur said even taking a statement from the victim on the sentence of the convict may not mean relief to the victim.