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CONCEPT OF VICTIMOLOGY IN INDIA

Victimology is science of study of the relationship between victims andviolators of
law or offenders. Government has recently reinforced thispolitical commitment in
the form of funds for the National Association of Victim Support Schemes (NAVSS).
In 1964, when the United Kingdom becameone of the 1
st
countries to establish a policy commitment to victims of crimein the form of criminal
injuries compensation Board.The reports of 1
st
and 2
nd
British Crime Surveys have begun to shed somelight on the nature of the
relationship between victims and offenders. Inparticular, attention has been paid to
the attitude that victims have towardsthe treatment of offenders.
A Law Inadequate in favour of victims
The victim is the forgotten man of our criminal justice system. He sets thecriminal
law in to motion but then goes into oblivion. The present code of criminal procedure
does not recognize the right of victim to take part in theprosecution of the case
instituted on the basis of police report. The victim ismerely a witness in a State
versus case. He has no rights to prefer appealagainst the order of acquittal of the
accused by trial court in a criminalcase started by State. The State reserves the
discretion not to prefer andalso to withdraw from the prosecution even in heinous
offences. The victimof crime becomes the victim of our criminal justice system when
the politicalmotivated investigation agency or prosecuting agency shows lack of
interestor apathy in the matter of investigation or prosecution on
extraneousconsideration.
Innovative approach of apex court.
The Supreme Court has forged new tools, devised new methods and adoptednew
strategies for the purpose of making fundamental rights meaningfuleven to the
victims of crime of crime in AIR 1995 SC 14, the SupremeCourt directed the State of
Uttar Pradesh to suspend and start disciplinaryaction against two police officers and
one medical officer for makingperfunctory investigation of rape case to pay the
amount of Rs.2,50,000/- ascompensation.

000/. the subordinate judiciary israrely invoking this provision to award compensation to the victims. but also directed the subordinate criminal courts to exercise thepower of awarding compensation to the victims of offences in such a liberalway that the victims may not have to rush to the civil courts forcompensation to the victims. By the landmark judgment in Hari Kisan‟s case AIR1988 SC 2127 Supreme Court not only awarded compensation of Rs. it is bound to pay compensation to thevictims of crime irrespective of whether the accused is convicted or acquittedof the criminal charge. The Supreme court should ask the Government toconfer jurisdiction on the criminal courts by making statutory provision forthe compensation of the victims of crime. Compensation & the need for sensitization of judiciary Legislation conferred jurisdiction on the criminal courts under section 357(3)of the code of criminal procedure for awarding unlimited amount of compensation to the victims at the time of passing judgment of conviction. who cannot approach the apex court out of ignorance of lack of resources are still crying for justice with the aim of protecting thehuman rights of victim in our criminal justice system and to fulfill theconstitutional obligation. Millions of victims of crime.This provision is not ancillary to other provisions of criminal procedure code. along with prosecuting agency in a criminal caseinstituted on report of police. Since the State is under duty to protect the life. wherethe accused persons are acquitted of the charge on benefit of doubt or onany technicalities of laws. Unfortunately. irrespective of whether the accusedis convicted or not and to make statutory provision for participation of thevictim in prosecution.50. the apex court directed the Government to set up a criminalinjuries compensation Board. the victimsof communal riots.but in addition thereto. where Supreme Court awarded compensationto the victims. As the government is indifferent to the crying need of the victims. Unfortunately. dacoity.liberty and security of its citizens.The General Assembly of the United Nation‟s has recommended payment of compensation to the victims of crime by the State.There is plethora of decisions.tothe victim. arson and rape are not getting compensation inour present justice system. under the supervision of criminal courts for . whose plight was brought to the notice of the apex courteither by themselves or by way of public interest litigation. when compensation is notfully available from the offender or other sources.

State of Bihar made itcategorically clear that the higher judiciary has the power to awardcompensation for violation of fundamental rights through the exercise of writ jurisdiction and evolved the principle of compensatory justice in the annalsof human rights jurisprudence. apex court awarded cost of Rs. 1 lac to begiven to wife of each of detenne.21 of the constitution. In 1995(1) SCC 14 SupremeCourt in case of Delhi Domestic Working Women‟s Forum Vs. 38(1) of the Constitution of India. Every court has jurisdiction to grant compensation not only at the final stage of trial butalso to award interim compensation at any interlocutory stage of trial inview of reported judgment in AIR 1996 SC 922.Payment of compensation to the victims of crime for any injury caused tohim has not been institutionalized under the Indian Penal Laws. Incase of irreversible injury monetary compensation is the sole effectiveremedy.awarding compensation to victims of all crimes including rape or dacoity.15.The legislative vacuum of a legal right to monetary compensation forviolation of human rights has been supplemented by the higher judiciary bydeveloping a parallel constitutional remedy. Union of India. on account of failure of Government to produce in habeascorpus petition filed by wives. In Sebastain Vs. In AIR 1983 SC 1086 theSupreme Court for the first time in Rudal Sah Vs.The rape victim shall be paid compensation by this Criminal injuriescompensation board or the court and while awarding compensation thefollowing particulars are to be taken into account to calculate the . In Oraon Vs. State of Bihar the SupremeCourt direct State of Bihar to pay the sum of Rs. inaddition to the directions given to National Commission for women to evolvea proposal for rehabilitation and compensatory justice to rape victims.e.as compensationto Bhama Oraon who was illegally detained for 6 years and kept in mentalhospital when he was not in same.. Compensation to Rape victims : Right of the rape victim to receivecompensation flows from Art. interim compensation to rape victim and at the end of the trial. Union of India AIR1984 SC 1826. The Supreme Court suggested the establishment of criminalinjuries compensation Board under Art. indicated a scheme to award compensation to rape victim both at thetime of trial i. In India there is neither a comprehensive legislation nor a statutoryscheme providing for compensation by State to offender to victims of crime. Nor anylegal right to be compensated has been created in favour of the victim.000/.

andcommunities may provide such services as rape crisis centers and spouse abuseshelters to assist crime victims by intervening in the crisis and referring the victimsto community and others resources in the case of rape. 5. and to totallyrevamp the compensation-restitution idea. Inconvenience during interrogation by the police and lengthy courtproceeding. Lack of prompt medical assistance to the victims of body offences and victimsof accident.with legal and social referral services. Too often the remedies offered to poor victims reflect middle-class values. to honor his right to be consulted and to offerhis opinions when the prosecutor plea bargains with the accused. the women‟s movement has spurred victimologists-mostly males-to give more equitable and balanced attention to the issues surrounding what some have called “the most despicable but leastpunished crime.1. Failure on the part of the police and prosecution to keep the victims informedabout progress of the case 3. The victim‟s point of view should be sought when systems are developed for compensating crime victims. . 4. Some police departments report tovictims the progress being made in investigating and solving their cases. Inadequacy of the law in allowing the victim to participate in the prosecutionin a criminal case instituted on a police report 2.” Attention to the victim calls for an examination of the appropriate remedies forvictimization. GRIEVANCES AND PROBLEMS OF VICTIMS The grievances of the victims can be summarized as follows. and the concept of relative loss should be introduced indebate and deliberations for compensation.

Prostitutes place themselves at risk every single time they go to work. inthis example. Failure in restitution of victim. IV Social stigma.but for some reason were in a situation that placed them in a greater level of risk. An important aspect of investigating a violent crime is an understanding of thevictim and the relation that their lifestyle or personality characteristics may havecontributed to the offender choosing them as a victim. Even high risk victims (to be described shortly) have the right tolive how they wish without becoming a victim of the type of offenses described onthis site. III Frustration and helplessness leading to suicide. The most obvious high risk victim is theprostitute. that to understand the offender. The importance of understanding this in an investigationis directly related back to the level of risk to the offender during the commission of the crime. 6.Moderate Risk Victims . the prostitute is a high risk victim creating a lower risk to theoffender. Along with these grievances. Please do not misunderstandthe previous statement. This information is important to the investigation to better understandthe sophistication or possible pathology of the offender. V Emergence of criminal behavior.High Risk Victims . .Victims in this group have a lifestyle that makes them a higherrisk for being a victim of a violent crime. 7.Lack of legal assistance to the victim. Therefore. Offenders often rely on all these factors and specifically target prostitutesbecause it lowers their chances of becoming a suspect in the crime. one must firstunderstand the victim.Victims that fall into this category are lower risk victims. Lack of protection when the victims are threatened by the offender. go to secludedareas with strangers. Yet the fact remains. the victims of crimes faced multifariousproblems:I Economic strain of the family II Change in Social role of dependents. Victims are classified during an investigation in three general categories thatdescribe the level of risk their lifestyle represents in relation to the violent crimethat has been committed.Prostitutes are high risk because they will get into a stranger's car. In no way are victims being blamed for becoming a victimof a violent crime. and for the most part attempt to conceal their actions for legalreasons.

are aware of theirsurroundings and attempt to take precautions to not become a victim. They lockthe doors. remained a forgotten entity as his status got reduced onlyto report crime and appear in the court as witness and he routinely facespostponements. waste of time. and other frustrations. Advocate Deepak badeB. delays. despite being an integral part of crime and a key factor incriminal justice system.Low Risk Victims . and do not go into areas that are dark and secluded.The lifestyle of these individuals would normally not place themin any degree of risk for becoming a victim of a violent crime. These individualsstay out of trouble. and the painful realization that the system does not live up to itsideals and does not serve its constituency. . Manybelieve that the victim is the most disregarded participant in criminal justiceproceedings.A person that is stranded on a dark. CONCLUDING REMARKS The victim is essentially an inseparable part of crime. the Indian Higher Courts have started to award the compensationthrough their writ jurisdiction in appropriate cases. All their means loss of earnings. LL. rescheduling. secluded highway due to a flat tire that acceptsa ride from a stranger and is then victimized would be a good example of this type of victim level risk.M. do not use drugs.A. do not have peers that are criminal. Crime victim. but instead serves only itself. LLB. therefore. payment of transportation and other expenses. Therefore the phenomenon of crime cannot be comprehensively explained without incorporating the victim of acrime. It is.discouragement.