VICTIM PARTICIPATION IN CRIMINAL JUSTICE: AN ANALYSIS OF ITS ROLE IN ENHANCING JUSTICE DELIVERY IN INDIA

AUTHOR – ANIL KUMAR YADAV, SENIOR RESEARCH FELLOW AT FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – ANIL KUMAR YADAV, VICTIM PARTICIPATION IN CRIMINAL JUSTICE: AN ANALYSIS OF ITS ROLE IN ENHANCING JUSTICE DELIVERY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 417-425, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I841

Abstract

The increasing recognition of victims within criminal justice systems marks a significant departure from the traditional state-centric model of adjudication. This article critically examines the nature, scope, and effectiveness of victim participation in the Indian criminal justice system, situating it within comparative frameworks drawn from the United Kingdom and the United States. It argues that while victim participation contributes to procedural fairness and victim satisfaction, its transformative potential remains constrained by the structural logic of adversarial systems. Through a detailed doctrinal analysis, supported by theoretical and comparative insights, the article demonstrates that victim participation in India remains fragmented and weakly implemented. It further contends that meaningful participation requires structural coherence, enforceability, and institutional support rather than mere formal recognition. The article concludes by advancing a conditional model of victim participation that balances inclusion with the fundamental principles of criminal justice.