VICTIM PARTICIPATION AND RESTORATIVE JUSTICE OPPORTUNITIES UNDER REFORMED CRIMINAL PROCEDURE

Abstract

Justice cannot be truly achieved if the voices of victims remain unheard within the criminal process. Historically, criminal justice systems, including that of India, were primarily offender-centric, where the State assumed control over prosecution and victims were reduced to the role of mere witnesses. Although early legal frameworks such as the Code of Criminal Procedure, 1973 provided limited recognition through provisions like compensation, the evolution of victimology and global human rights movements has significantly influenced the shift toward a more victim-inclusive approach. In the present context, reforms such as the introduction of victim compensation schemes, the right to appeal, and participatory rights in trial proceedings reflect a growing acknowledgment of victims’ interests. However, despite these developments, challenges such as lack of awareness, procedural limitations, and inadequate institutional support continue to restrict effective victim participation. This paper examines the changing role of victims within criminal procedure and explores the potential of restorative justice as a complementary framework that emphasizes healing, accountability, and dialogue. It hypothesizes that strengthening victim participation alongside institutionalizing restorative practices can lead to a more balanced and humane justice system. The study aims to analyze the evolution of victim rights, identify implementation challenges, and suggest reforms to enhance meaningful victim engagement in the criminal justice process.