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Law Commission bats for victims’ rights in granting of bail

DNWEB24942 | 5/31/2017 | Author : Saurav Datta | WC :762 | Opinion & Viewpoint

By questioning the excessive liberalism in granting bail, the report seeks to give a voice to victims.
DNA ANALYSIS
In India, the adversarial system of criminal justice is heavily loaded in the favour of the accused. In all matters- be it granting bail, or even securing conviction, the victim/victims are rarely given a coherent voice by which they can be heard so that a just decision is granted by the courts. This led to Justice Krishna Iyer’s lament in Rattan Singh v State of Punjab (1979)- “It is the weakness of our jurisprudence to have overlooked and ignored the victims of crime in our laws.”
In matters of bail, following the decision of the Supreme Court in the Gurbaksh Singh Sibbia case, the presumption is that “bail is the rule, and jail is an exemption”. But what happens in cases of heinous crimes where the victims are not the only ones
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