Archive · 19 Jul 2026
New Criminal Code Fails Victims
The Indian government recently replaced an old law about criminal cases with a new one called the Bharatiya Nagarik Suraksha Sanhita (BNSS).
They said it would be better for victims of crimes.
The new law does give victims some rights, like being able to speak before a case is dropped and appealing if someone is found not guilty.
But it doesn't give victims the power to make sure their case is handled well in court.
The person who represents the victim in court is chosen by the government, not the victim.
The victim can ask for a special lawyer, but the government doesn't have to agree.
The article says the new law is not as good as it could be because it doesn't really help victims get justice in court.
The BNSS was introduced in 2023 to replace the colonial-era Code of Criminal Procedure.
It grants victims rights such as being heard before case withdrawal and appealing acquittals.
Victims can request a Special Public Prosecutor but cannot compel their appointment.
The prosecution is conducted exclusively by public prosecutors, with victims only able to 'assist'.
The Law Commission and Supreme Court have recommended stronger victim rights, which were not fully implemented in the BNSS.
- Who
- Victims of crimes in India
- What
- The new Bharatiya Nagarik Suraksha Sanhita (BNSS) criminal code
- When
- Implemented in 2023
- Where
- India
- Why
- To replace the colonial-era Code of Criminal Procedure with a 'victim-centric' framework
- Legislation
- Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Year of Implementation
- 2023
- Key Victim Rights
- Right to be heard before case withdrawal, right to appeal acquittals, free medical treatment, victim compensation
- Prosecution Conduct
- Exclusively by public prosecutors, victims can only 'assist'
- Special Public Prosecutor
- Victims can request but cannot compel appointment
- Law Commission Recommendation
- Victims should be made parties to serious criminal proceedings
- Supreme Court Ruling
- Victims have 'legally vested, unbridled participatory rights'