Victim Impact Assessment (VIA) is a crucial yet evolving component of criminal justice systems globally, aimed at recognizing the rights and experiences of victims. In India, the emergence of victim-centric jurisprudence has reshaped how justice is conceptualized beyond retribution or deterrence, introducing rehabilitation and restorative justice as critical paradigms. VIA serves as a structured mechanism to assess the physical, emotional, psychological, and economic consequences that crime imposes on victims. While Indian law does not have a fully codified framework for Victim Impact Statements (VIS), judicial recognition—especially post the 2009 amendment introducing Section 357A into the Code of Criminal Procedure—has strengthened the victim's role in sentencing and compensation. This paper examines the conceptual basis of VIA, explores statutory provisions, key judicial pronouncements, and compensation schemes across Indian states. It further compares Indian approaches with international models such as those in the United States, Canada, and the United Kingdom to identify best practices and gaps. The paper critiques existing challenges in implementation, including bureaucratic inertia, inconsistent compensation schemes, and lack of victim participation. Recommendations include establishing uniform protocols for VIA, enhanced legal aid, training for judicial officers, and digital integration for case tracking. The study argues for a victim-sensitive justice system that balances procedural fairness for the accused while affirming the dignity, rights, and recovery of the victim. Recognizing and institutionalizing VIA is pivotal in transforming Indian criminal justice from punitive isolation to inclusive justice.
Pawar et al. (Fri,) studied this question.