•
An advocate would be appointed by the court, upon application by
the police at the earliest convenient moment, but in order to ensure
that victims are questioned without undue delay, advocates would
be authorised to act at the police station before leave of the court is
sought or obtained.34
E. Compensation and Assistance
The constitutional right of a victim of custodial crime to receive
compensation was reiterated by the Supreme Court in Nilabati Behera v.
State of Orissa. The court pointed out that it was not enough to relegate the
heirs of a victim of custodial violence to the ordinary remedy of a civil suit.
The right to get relief of compensation in public law from courts exercising
their writ jurisdiction was explicitly recognised.
This was further developed in D.K. Basu v. State of West Bengal, where it
was explained that “the award of compensation in the public law
jurisdiction is also without prejudice to any other action like civil suit for
damages which is lawfully available to the victim or the heirs of the
deceased victim with respect to the same matter for the tortuous act
committed by the functionaries of the state.... the relief to redress the
wrong for the established invasion of the fundamental rights of the citizen,
under the public law jurisdiction is, thus, in addition to the traditional
remedies and not in derogation of them.”
F. Review
There are no provisions in the existing law to help and support the victim
or allow him any participation in the enquiry or investigation of crime.
After the commission of the crime against him and till the actual trial begins
in court, he is at the mercy of the State and the society. The victim requires
greater help and support soon after commission of crime. At that initial
stage the victim needs medical treatment, psychological support and legal
aid.
It is the victim’s right to insist that he be provided proper medical care,
safety of his life and property and protection against harassment by police
and the media. He is also required to be protected from the accused and
34
Rights of the Victims in the Indian Criminal Justice System, Muralidharan.S, NHRC
Journal, 2004
Manual on Human Rights for Police Officers
55