Incorporating the concept of victim impact statement ito Indian criminal justice system : A comparative study between victim impact statement and victim impact report

Abstract

This dissertation delves into the concept of a victim impact statement and how it can be incorporated into the Indian criminal justice system, a victim impact statement is a tool that helps victims participate in the criminal justice process and allows them to describe what is the impact of the crime, this statement helps the court in assessing the impact of the crime. This dissertation traces the history and origin of the victim impact statement, how the victim rights movement brought the concept of victim impact statement, and how it spread into other jurisdictions. This dissertation compares the victim impact statement with the victim impact report which was recently introduced through Central Motor Vehicle Rules 2022, while the victim impact report is the first of its kind to acknowledge the victim's rights and assess the impact of crime on victims, it significantly differs from the victim impact statement in the format, scope, and purpose. This dissertation also highlights the limitations of the victim impact report. This dissertation through the comprehensive study of the literature and other models of victim impact statement provides the recommendation for incorporating the concept of victim impact statement into the Indian criminal justice. These recommendations cover aspects such as legislative reforms, standard format, victim support services, judicial discretion, and safeguarding the rights and privacy of victims while balancing out the rights of the accused. By highlighting importance of the victim participation in the criminal justice system in protecting the interest of the victims, this dissertation argues for a victim-centric approach to the criminal justice system. By incorporating the victim impact statement, the Indian criminal justice system can ensure fairness and empathy towards the victims, thereby providing justice to all.