his associates. It is his right to see and ensure that the police investigation
is in right direction and there is no tampering with the available evidence,
such as testimony of the witnesses and the medical evidence to be tendered
by the doctor.
He has also a right to insist that eyewitnesses of the incident are given
adequate protection, so that they are able to appear in court and give
evidence fearlessly without intimidation, allurement or harassment. The
victim’s rights are required to be zealously guarded equally with the rights
of defence of the accused.
Police as the first group of people to get in contact with victims of crime
have a critical role to play. Needless to add, their behaviour may determine
if victims feel protected and respected, or if they feel re-victimised and
neglected. Apart from the rights of victims, negative treatment can also
affect public perceptions of the police and impact on community relations.
Needless to say, victims can also play an important role in solving the
crime and apprehending the perpetrators, and should be treated with
respect and care as victims and witnesses.
Imparting proper training on how to deal with victims of crime to the
police force, with a perspective that they understand their basic role and
responsibilities towards victims would indeed go a long way in bringing
about a much required change.
VIII. The Rights of the Suspects
The accused in India are afforded certain rights, the most basic of which
are found in the Indian Constitution. A person who is suspected or accused
of a crime enjoys several constitutional and legal protections. These are
contained in Chapter III of our Constitution and several other legislative
enactments including the Code of Criminal Procedure.
A. The Law Says
In Chapter III of the Constitution which deals with fundamental rights,
Article 21 provides that no person shall be deprived of his personal liberty
except according to procedure established by law and Art 22 says that such
person shall be informed of the reason for his arrest. It further provides
that any person held in custody or detained shall be brought before the
Judge of the nearest competent Court and shall not be further held in
custody except upon and in terms of the order of such Judge. A person
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Manual on Human Rights for Police Officers