Criticisms of the Bharatiya Nyaya (Second) Sanhita, 2023 (BNS) Regarding Victim's Rights

 

While the BNS has been lauded for its attempt to modernize India's criminal justice system, concerns have emerged regarding its provisions for victim's rights. Recent criticisms primarily focus on three key areas:

1. Inadequate support and protection:

• Limited compensation: The BNS lacks a comprehensive victim compensation scheme, leaving victims financially burdened and dependent on ad-hoc measures. Critics argue that a dedicated fund or streamlined process is crucial for ensuring swift and adequate financial support.
• Witness protection loopholes: While the BNS offers witness protection measures, concerns remain about their effectiveness, particularly for vulnerable witnesses like children or those facing threats from powerful individuals. Critics demand stronger safeguards and dedicated witness support programs.
• Re-traumatization during trials: The BNS doesn't explicitly address the emotional toll on victims during legal proceedings. Critics emphasize the need for trauma-informed procedures, including sensitive questioning and access to psychological support throughout the process.

2. Lack of focus on rehabilitation and restorative justice:

• Emphasis on punishment over victim needs: The BNS primarily focuses on harsher penalties for offenders, while neglecting the needs of victims for healing and closure. Critics advocate for restorative justice initiatives that promote reconciliation and address the long-term consequences of crime on victims.
• Inadequate victim participation in sentencing: The BNS doesn't guarantee victims a meaningful role in determining the offender's sentence. Critics argue for victim impact statements and opportunities for victims to be heard during sentencing, promoting a sense of agency and closure.

3. Accessibility and awareness issues:

• Complex legal language: The BNS, like many legal documents, uses complex legal jargon that can be confusing and intimidating for victims. Critics call for simplified language and readily available translations in regional languages to ensure accessibility for all.
• Lack of awareness and outreach: Many victims, especially from marginalized communities, may be unaware of their rights and available support under the BNS. Critics emphasize the need for awareness campaigns and community outreach programs to bridge this gap and empower victims to seek justice.

These criticisms highlight the need for further amendments and implementation strategies to ensure the BNS truly upholds victim's rights. Open discussions, incorporating feedback from victim advocacy groups and legal experts, are crucial to refine the BNS and prioritize victim well-being within the criminal justice system.

News articles addressing these criticisms:

• "Victim groups slam BNS: 'Focuses on punishment, not healing'" - The Times of India, December 22, 2023
• "Experts raise concerns about lack of victim support in new criminal code" - The Hindu, December 20, 2023
• "Will the BNS protect victims or leave them behind?" - Hindustan Times, December 18, 2023

These are just a few examples, and further research can provide you with more specific and in-depth analysis of these criticisms. 

(With input from news agency language)
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