From Marginalisation to Participation: The Evolving Framework of Victims’ Rights under the Bharatiya Nagarik Suraksha Sanhita

Based on a colonial framework, the criminal procedure system has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), marking a significant reform in India’s criminal justice system. The BNSS aims to enhance victim protection, recognition, and participation, shifting from an accused-centric approach to a more victim-centric model. This article critically examines whether the BNSS merely reiterates existing protections or transforms the procedural status of victims. It analyses victim-oriented provisions concerning information, participation, compensation, protection, and appellate remedies through a doctrinal study of statutory provisions, legislative intent, and judicial developments. The study further evaluates the BNSS within the framework of Article 21, procedural justice, restorative justice, and fair trial principles, while examining the balance between victims’ rights and the rights of the accused. It argues that although the BNSS introduces a paradigm shift toward participatory justice, effective implementation, judicial interpretation, and institutional accountability remain essential for realizing meaningful victim participation in India’s criminal justice system.