Definition
A person who has suffered any loss, injury, harm, or damage to their person, property, or dignity as a result of the commission of an offence — with specific statutory rights under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 significantly strengthened victim rights compared to the old CrPC. Key victim rights under BNSS: (a) Section 17(3) — victim's right to be heard before bail is granted to the accused in serious offences; (b) Section 176(3) — victim's right to be represented by their own advocate in all stages of trial (not only a government prosecutor); (c) Section 396 — victim compensation scheme entitlement; (d) right to know the progress of investigation through mandatory status reports (Section 193(3)); and (e) right to appeal against acquittal in certain cases. Victims of sexual offences and trafficking have enhanced protections including identity protection and private-in-camera trial.
Statutory Definition
Section 2(1)(y), Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: 'victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir.' (Substantially same as former CrPC Section 2(wa) inserted in 2009.)
Etymology & Origin
From Latin 'victima' (a sacrificial animal, a victim). In modern legal usage, a 'victim' is not merely a passive sufferer — they are an active participant in the criminal justice process, with rights to participate, be heard, and receive compensation.
Full Legal Analysis
Victim: From Passive Sufferer to Active Rights-Holder
Indian criminal law historically centred on the State’s interest in prosecuting the accused — the victim was largely a witness, not a participant. The CrPC 2009 amendment (Section 2(wa)) and now the BNSS 2023 have transformed this: victims are now recognised as rights-holders with specific procedural entitlements. They can engage their own advocate, be heard before bail is granted, and access compensation schemes — no longer merely passive sufferers awaiting justice.
Victim’s Right to Be Heard: BNSS Section 17(3)
One of the most significant changes under the BNSS is the victim’s right to be heard before bail is granted in serious offences. Under the old CrPC, bail was primarily a matter between the State (through the public prosecutor) and the accused. The BNSS now requires that in cases involving offences punishable with imprisonment of more than 7 years, the victim or their advocate must be given an opportunity to be heard before bail is granted. This fundamentally changes the bail hearing from a bilateral (State v. accused) to a tripartite proceeding.
Victim Compensation: BNSS Section 396
Every State must maintain a Victim Compensation Fund (BNSS Section 396). Victims are entitled to compensation: (a) from the State Fund, regardless of conviction or sentencing; (b) as awarded by the trial court at the time of sentencing the accused; (c) under the Nirbhaya Fund for sexual offence victims. The compensation is in addition to any civil damages the victim may claim — the criminal compensation is not a bar to a civil suit.
“A victim is not merely a complainant or a witness — they are the person most directly harmed by the crime. BNSS 2023 finally gives victims the legal standing their position demands: a voice in bail hearings, their own advocate in trial, and a right to compensation that doesn’t depend on the accused being found guilty.”
This Term in Indian Statutes
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir."
Statutory definition of victim under BNSS 2023 — includes guardian or legal heir
