Published on : 23 Nov 2025, 6:41 am 4 min read
Our century-old criminal law begins with a presumption that all crimes are “against the state.” The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), just like its predecessor, ensures that the “State” is the de jure complainant in every case. But somewhere in the process claiming to be protective of victims and bringing a public prosecutor to be fair and unbiased, the voice of the victim is muted. They are mere witnesses.
The Criminal Law (Amendment) Act, 2008 inserted a proviso to Section 24(8) of the Code of Criminal Procedure (CrPC), allowing the victim to engage a counsel. But the implementation has been half-hearted. Courts read “engage” as “exist,” not “intervene.”
When a citizen is assaulted, cheated or raped, this century-

Bar & Bench

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