Victim Protection Act 2075: Empowering Crime Victims in Nepal

The Victim Protection Act, 2075 (2018) of Nepal is a pivotal piece of legislation designed to safeguard the rights and well-being of individuals who have suffered due to criminal activities. It aims to ensure that victims of crimes, including women, children, and marginalized groups, receive the necessary support, protection, and compensation. The Act grants victims the right to information, participation in legal proceedings, and protection from further harm, including from perpetrators or any related threats. It establishes provisions for compensation, counselling, and rehabilitation, ensuring victims’ dignity and promoting access to justice. Additionally, the law mandates the creation of victim support centres and the appointment of victim protection officers to assist with legal and emotional needs. The Act marks a significant shift towards a more victim-centric justice system in Nepal, acknowledging the importance of victim rights in the criminal justice process.

Key provision of the Victim Protection Act 2075.

1. Definition of Victim according to the Victim Protection Act 2075.

“Victim of first grade” means a person who has died or has sustained damage as a direct result of an offence that has been committed against the victim, irrespective of whether the perpetrator does not have to bear criminal liability on the ground of his or her age, mental unsoundness, diplomatic immunity or position or whether the identity of the perpetrator remains untraced or whether charge has not been made against the perpetrator or whether the case related to the offence has been withdrawn or whether the sentence imposed on the offender is pardoned or whether the perpetrator has not been convicted of the offence or irrespective of the family relation of the perpetrator with the victim, and this phrase also includes a person who has not been involved in the offence but has died or sustained damage in any of the following circumstances:

1. While preventing the person who is committing the offence from committing it,
2. While extending reasonable support and rescuing to save any person where an offence is being committed against such a person,
3. While trying to arrest the person who is committing or has committed the offence or extending support to the competent authority in the course of arresting the suspect, accused or offender.

"Victim of second grade” means a person who has not been involved in the offence that has been committed or is being committed against the victim of first grade but who has to bear damage because of being an eyewitness of such offence, and this expression also includes the guardian of the minor victim of first grade who has not been involved in the offence but who has to bear damage because of having information about, or being an eyewitness of, the offence, and any of the following persons who have to bear damage because of knowing as to the offence committed against the victim of first grade:

1. Guardian of the victim of the first grade,
2. Where the victim of the first grade is a minor, and
3. Where the person who has to bear such damage is not involved in the offence.

“Family victim” means the victim’s mother, father, husband, wife living in the undivided family of the victim or other member of the undivided family dependent on the victim, who is not involved in the offence against the victim of first grade who has died as a direct result of the offence.

2. Right to Information

Right to Information relating to Investigation.

Victims can demand information from the investigating authority about various aspects of the investigation. Information to Be Provided to Victims:

• Medical, Psychological, or Legal Services: Details of services or counselling available to the victim.
• Prosecuting Body Information: Name and address of the prosecuting body.
• Investigation Authority Contact: Name, office, and phone number of the investigating authority.
• Investigation Progress: Updates on the progress of the investigation.
• Suspect Information: Name, age, address, and appearance of the suspect.
• Arrest Details: Description of the suspect if arrested.
• Statements Related to the Offense: Information on statements made by the suspect or others.
• Absconded or Re-arrested Suspect: Information if the suspect absconds or is re-arrested.
• Release Information: Details if a person in custody is released by the investigating authority.
• General Investigation Information: General details on the ongoing investigation and enquiry process.

Right to Information relating to Prosecution.

Victims can request information from the prosecuting authority about the prosecution process.

Information to Be Provided to Victims:

• Decision Not to Institute the Case: If the decision is made not to file charges, the victim must be informed of the reasons for this decision.
• Decision to Institute the Case: If charges are filed against some but not all individuals, the victim should be informed of the names, surnames, and addresses of those not charged, along with the reasons.
• Charge-Sheet Copy: The victim has the right to receive a certified copy of the charge-sheet if a case is initiated.
• Court Proceedings: General information on the court proceedings under the prevailing law.
• Additional Claims: Information about any additional claims made regarding the accused or others and the orders made by the court on those claims.
• Eyewitness Role: If the victim is also an eyewitness, they should be informed of their role in the proceedings.
• Arrest of Absconding Accused: Information on the arrest of any accused person who was absconding when the charge-sheet was filed.
• Case Withdrawal: If the government decides to withdraw the case, the victim should be informed of the decision and its details.

Right to Information relating to Judicial Proceedings

• Detention Information: Victim informed if the accused remains or is released from detention.
• Court Hearing Information: Victim informed of the date, venue, and time of court hearings.
• Bail or Guarantee Application: The Victim was informed of bail or guarantee applications made by the accused.
• Terms of Release: The Victim was informed of the terms and conditions set by the court for the accused’s release.
• Appeal Against Bail Order: The Victim was informed if the accused files an appeal against the bail order and the resulting court decision.
• Escape or Rearrest of Accused: The victim is informed if the accused escapes or is rearrested during detention.
• Supervision Conditions: The Victim is informed of the conditions of supervision if the accused is released under supervision.
• Compliance with Supervision Conditions: The Victim informed whether the accused complied with supervision conditions.
• Prison Transfer: The Victim was informed of any transfer of the accused to a different prison.
• Punishment Imposed: Victim informed of the punishment imposed on the offender, including details of imprisonment and its duration.
• Absconding Offender: Victim informed if the offender absconds or is rearrested before serving the sentence.
• Sentence Modifications: The Victim informed if the offender’s punishment is reduced, postponed, pardoned, or altered.
• Violation of Supervision Conditions: Victim informed if the offender violates the terms of supervision and where to file a complaint.
• Prison Information: Victim informed of the name and address of the prison where the offender is serving the sentence.
• Alternative Sentencing: Victim informed if the offender is granted probation, parole, community service, or other similar facilities.
• Government’s Appeal: Victim informed whether the Government of Nepal has made an appeal against the court decision.
• Appellate Court Decisions: Victim informed of the decision of the appellate court and its consequences.
• Supervision Condition Modifications: Victim informed if the offender applies to change or revoke supervision conditions and the decision made.
• Death of Offender: Victim informed if the offender dies while in detention or prison.
• Deportation of Foreign Offender: Victim informed if the offender is deported or sent back to a foreign country.

3. Right to Participation in Criminal Proceedings

The Victim Protection Act, 2075, empowers victims to actively participate in the criminal justice process, allowing them a voice in the legal proceedings. Victims have the right to attend court hearings, ensuring they are present and informed throughout the trial. Additionally, they can present their views or concerns during the sentencing phase, which enables them to express the impact the crime has had on their lives. The Act also allows victims to request stricter punishment or restitution, offering them an opportunity to seek appropriate remedies for the harm they have suffered. Furthermore, victims can challenge certain decisions made during the judicial process, giving them a means to ensure fairness and accountability. This approach helps to ensure that justice is not only seen as the punishment of offenders but also as a process of redress for those who have been harmed, acknowledging the victim’s role in the pursuit of justice.

4. Right to Protection

A vital component of the Victim Protection Act, 2075 is the provision of protection measures for victims, ensuring their safety and privacy throughout the legal process. The Act guarantees that victims' identities and personal details are concealed in public documents, safeguarding them from unwanted exposure. Additionally, public access to sensitive hearings is restricted to maintain confidentiality and prevent further harm to the victim. If a victim feels threatened or is at risk, the Act allows for police or institutional protection, ensuring their security. In cases where relocation or shelter is necessary, the Act provides for these measures to ensure the victim’s safety. Special attention is given to vulnerable groups, such as children, women, and victims of trafficking or sexual violence, ensuring they receive additional protections. These provisions reflect the Act's commitment to safeguarding victims from further harm and supporting them through the judicial process.

5. Emergency and Interim Support

Recognizing that justice may take time, the Victim Protection Act provides emergency and interim relief to victims, including immediate medical treatment, safe housing, emergency financial aid, and psychological or emotional counselling. These measures help prevent secondary victimization, ensuring victims receive support and can begin their healing process without delay.

6. Right to Compensation

One of the most significant provisions of the Victim Protection Act is the right to compensation for damages and losses caused by the crime. Compensation may be state-funded, particularly when the offender is unknown or unable to pay, or offender-funded through court-ordered restitution. Victims can receive compensation for physical injuries, psychological trauma, loss of income, or death of a family member. The government may also establish a victim compensation fund to offer financial support where needed.

7. Establishment of Victim Support Centres

The Victim Protection Act mandates the establishment of Victim Support Centres at the local and district levels. These centres provide legal aid, counselling, mental health services, assistance with documentation and court procedures, and coordination with police, courts, and healthcare providers, making the justice system more accessible and victim-friendly.

8. Special Provisions for Vulnerable Victims

The Victim Protection Act ensures special care and protection for children, persons with disabilities, victims of sexual abuse or domestic violence, elderly individuals, and marginalized communities. It mandates child-friendly and gender-sensitive procedures during investigations and trials, such as allowing children to testify via video link to minimizes trauma and protect their well-being.

9. Confidentiality and Privacy

The Act emphasizes maintaining the confidentiality of the victim. All institutions involved—from police to courts- are required to protect the privacy of the victim, especially in cases of sexual violence, trafficking, or where revealing identity could lead to further harm or social stigma.

10. Complaint and Grievance Mechanism

If a victim believes their rights under the Act have been violated, they can file a complaint. The relevant authority must investigate and take corrective action. This ensures accountability of officials and institutions responsible for implementing victim protection.

In conclusion, the Victim Protection Act, 2075 (2018) of Nepal marks a significant step towards ensuring that victims of crime, especially vulnerable groups such as women, children, and marginalized communities, receive comprehensive support and protection. The Act guarantees victims' rights to information, participation in legal proceedings, and protection from further harm. Key provisions include access to compensation, interim support, and specialized care, along with the establishment of Victim Support Centres to offer legal and emotional assistance. With its emphasis on confidentiality, victim-friendly procedures, and a grievance mechanism, the Act fosters a more just and empathetic legal system that prioritizes the rights and dignity of victims, enabling them to heal and seek justice effectively.