[Landmark Judgement] Jagjeet Singh V. Ashish Mishra (2022)

Landmark Judgment Law Insider (1)

Published on:20 July 2023 at 11:05 IST

Court: Supreme Court

Citation: Jagjeet Singh V. Ashish Mishra (2022)

Honourable Supreme Court of India has held that “Victim” which “means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.

23. A “victim” within the meaning of CrPC cannot be asked to await the commencement of trial for asserting his/her right to participate in the proceedings. He/She has a legally vested right to be heard at every step post the occurrence of an offence. Such a “victim” has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision. We may hasten to clarify that “victim” and “complainant/informant” are two distinct connotations in criminal jurisprudence. It is not always necessary that the complainant/informant is also a “victim”, for even a stranger to the act of crime can be an “informant”, and similarly, a “victim” need not be the complainant or informant of a felony.

Drafted By Abhijit Mishra

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