“Why should a victim suffer because of mistakes made by investigation agencies?” they asked.Senior special prosecutor Ujjwal Nikam, who has represented the state in numerous high-profile cases, including the 1993 Mumbai bomb blasts case, argued for a balanced approach. He stated that probe agencies should be allowed the opportunity for custodial interrogation of the accused.”No doubt, it is mandatory for the grounds of arrest to be informed to the accused and their family, so that the personal liberty of the accused is not jeopardized,” Nikam said. “However, some hard-to-crack accused individuals require custodial interrogation, which does not mean ill-treatment, but rather, persistent questioning.”Special Public Prosecutor Shishir Hire also advocated for victims’ rights, stating, “If an accused is absconding, they are aware that the police are after them, and they know the reason for their arrest. Therefore, routine legal parameters cannot be applied to absconding accused.”He also mentioned the concept of victimology, which takes into account the impact of crimes on victims.
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