IMPORTANCE OF A VICTIM’S VIEWPOINT WHILE SENTENCING

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The Supreme Court has perceived the need of recognizing the interests of victims while sentencing the accused. Though, in criminal matters, it is also true that the accused should not be subjected to an inadequate punishment because that may lead to sufferance of the victim and the community at large. The viewpoint of the victim is to be kept in mind while sentencing only because delivery of justice majorly includes the provision of protecting victim’s rights.

I] CASES STATING THE IMPORTANCE OF A VICTIM’S VIEWPOINT

  • In an article published by LIVE LAW.IN the case of SURYAKANT BABURAO @ RAMRAO PHAD v. STATE OF MAHARASHTRA[1] is discussed, which states that the High Court reduced the sentence of imprisonment from seven years to five years and also emphasized on the fact that the courts must also keep in view the interest of the victim, also a middle group should be found when it comes to offences and its punishments as the accused should only be sentenced with a punishment that will be  proportionate to his crime, ignorance of the accused or victim’s rights would just be blatant disregard for the law. Though, the bench comprising of Justice R. Banumathi and Justice AS Bopanna believed that reducing the sentence of the first accused was nothing but derogatory towards the victim. 
  • In STATE OF PUNJAB v. BAWA SINGH  3 SCC 441[2], the Supreme Court in para (16) held that the views of the victim should be kept in mind and also that there should be proper imposition of punishments. Any sentence against the accused solely on account of lapse of time will be against the interest of the society and noted as counterproductive in the long run.
  • In RAVINDRA SINGH v. STATE OF HARYANA (2015) 11 SCC 588[3], it was held that the society has to balance a variety of thoughts, it was also stated in the same case that the law courts have a consistent approach towards maintaining a balance between the seriousness of the crime and the punishment, the reasonable proportion between them should also be maintained for effective judgements. Justice demands that courts should always impose punishments befitting the crime so that the courts reflect public abhorrence of the crime.
  • In SEVAKA PERUMAL and ANOTHER v. STATE OF TAMIL NADU (1991) 3 SCC 471[4], it was held that any undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence and would be a threat to the society at large. Nothing at all should be done at the cost of the society and interests of accused or the victim should be kept in mind even while sentencing the accused.

In conclusion, any judgement that is passed without giving due consideration to the victims or their viewpoints will eventually be noted as deeply flawed. Also, a harmonious environment will only be created if opinions of victims who are directly impacted are highlighted. Every victim seeks justice, and dispensing free justice is what the Judiciary should aim at. We, as prudent thinkers of this society have this duty of throwing light on topics the society is unaware of, everybody should be aware of how a victim should not be left to suffer and how offence and its punishment should be in proportion. People tend to ignore the fact that in a criminal case, lives are either made or destroyed. Overlooking a victim’s right or sentencing an accused with an inappropriate or inadequate punishment will just lead to delaying and denying fair justice jeopardizing someone’s life forever. 



[1] https://www.livelaw.in/top-stories/interest-of-victim-and-society-must-also-be-kept-in-view-while-sentencing-146811

[2] https://indiankanoon.org/doc/188179650/

[3] https://indiankanoon.org/doc/1067331/

[4] https://indiankanoon.org/doc/800569/



Submitted by:

Arpita Varma

Reporter INBA