Introduction
Justice is not just about punishing the guilty. It is also about protecting the rights of everyone involved in a crime, both the accused and the victim. The criminal justice system of Nepal recognizes this balance. Our laws, constitution, and international commitments ensure that both sides are treated fairly. These rights are not only legal protections but also the foundation of a just society.
Rights of the Accused
In any criminal case, a person is considered innocent until proven guilty. This is a basic principle of justice. So, even if someone is accused of a serious crime, they have rights that must be respected.
One of the most important rights is the right to a fair trial. This means the accused must be given a chance to defend themselves in court. They must be informed about the charges against them in a language they understand. The Constitution of Nepal and the Criminal Procedure Code protect this right.
The accused also has the right to remain silent. They cannot be forced to confess. If a confession is made through threat, torture, or pressure, it is not accepted by the court. This protects people from police abuse and forced confessions. Another key right is the right to a lawyer. If the accused cannot afford a lawyer, the state must provide one. Legal aid is especially important for poor and marginalized communities, who may not understand legal procedures.
The accused also has the right to be free from torture and inhumane treatment. Article 22 of Nepal’s Constitution strictly prohibits torture. International human rights treaties also bind Nepal to uphold this right. If the accused is detained, they have the right to be presented before a judge within 24 hours. The court then decides whether they should be kept in custody or released on bail. This prevents illegal detention.
The right to appeal is another important protection. If the accused is not satisfied with the court’s decision, they can appeal to a higher court. This gives a second chance to correct any mistake in judgment.
Rights of the Victim
While the accused has several legal protections, the victim of a crime also has strong rights. In the past, Nepal’s legal system focused more on punishing the offender. But now, there is increasing focus on victim rights and justice.
The most basic right of the victim is the right to justice. This means their case must be heard seriously and fairly. They must be treated with dignity and respect and not blamed or humiliated for what happened. Victims also have the right to information. They must be informed about the progress of the case, including investigation, arrest, bail, and court hearings. In many cases, especially related to women and children, victims are not properly informed, which creates more pain. The law now requires that they be updated regularly.
The right to protection is also essential. Victims must be kept safe from threats or pressure from the accused or their supporters. In sensitive cases like rape or domestic violence, special protection is given, including the right to give statements privately or in a separate room. Victims also have the right to participate in the trial. They can provide evidence, ask questions through the lawyer, and give statements. This helps them feel heard and involved in the process.
Another important right is compensation and support. The law allows victims to ask for compensation for the loss or injury they suffered. There are also government and NGO programs that provide counseling, shelter, and legal aid to victims of serious crimes. Nepal’s Crime Victim Protection Act, 2075 has helped formalize these rights. But in practice, many victims still struggle to get justice due to lack of awareness, fear, or poverty.
Protecting Both
A good justice system must treat both the accused and the victim fairly. Protecting the accused ensures that no innocent person is punished. Supporting the victim ensures that those who suffer from crime are not forgotten. This balance creates trust in the legal system. Nepal’s legal system has made progress in this area. New laws, constitutional protections, and growing legal awareness have brought change. But many challenges remain. There are delays in justice, lack of trained lawyers, and limited support systems, especially in rural areas.
Conclusion
Rights of the accused and the victim are two sides of the same coin. One protects the dignity of the person accused; the other supports the person harmed by the crime. Nepal’s Constitution, laws, and courts are working to strengthen both. But laws alone are not enough. There must be awareness, proper implementation, and support from all parts of society police, lawyers, judges, and citizens. Only then can we achieve true justice for all.
