INTRODUCTION

Until 1970s the victims of crime were a forgotten entity in the criminal
justice system. The attitude began to change as the discipline of
victimology came into its own.

Across the globe in diff erent countries, victims of crime are protected,
assisted, restituted and compensated by appropriate laws and acts. But in
India the victims of crime play only an insignificant role in the criminal
justice process.

there are some provisions under the Indian Constitution and some
sections in the Code of Criminal Procedure, 1973 to protect the rights of
the victims and for providing compensation.

In addition to the existing provisions under the Indian criminal laws, a

considerable importance was given in the Report of the Committee on
Reforms of Criminal Justice System, headed by Justice V. S. Malimath
on the need to provide “justice to victims of crime”.

ORIGIN OF THE TERM VICTIMOLOGY

The word victimology was coined in 1947 by a French Lawyer,

Benjamin Mendelsohn from a Latin word, "Victima" which translates
into "Victim" and a Greek word "Logos" which means a system of
knowledge.
MEANING OF VICTIMOLOGY

Victimology is study of crimes from the point of view of the victim.

DEFINITION OF VICTIMOLOGY

SCHAFER has defined victimology as” the science which studies

criminal victim relationship.”

DRAPKIN defines victimology as “that branch of Criminalogy which

primarily studies the victims of crime and everything that is connected
with such a victim.

MEANING OF VICTIM

Victim is generally described as a person who has sustained physical,

material or moral damage owing to an unlawful act. The victim is not
necessarily an individual. It may also be a collective entity like a family,
a firm, a corporation or a group.

DEFINITION OF VICTIM

The concept of victim includes any person who experiences injury, loss,
or hardship due to any case.

The term victim is defined in Criminal Procedure Code 1973 section

2(wa) as “Victim" means a person who has suffered any loss or injury
caused by reason of the act or omission for which the accused person has
been charged and the expression “victim" includes his or her guardian or
legal heir.

MEANING OF COMPENSATION

compensation means the money which is given to compensate for loss or

injury.

Compensation to the victims of crime means something given in

recompense.

According to Oxford dictionary, “Compensation means to provide

something good to balance or reduce the bad effect of damage, loss,
injury etc.”
VICTIMOLOGY: INTERNATIONAL PERSPECTIVE

The Declaration of Basic Principles of Justice for Victims of Crime

and Abuse of Power by the United Nations (‘UN Declaration’) is
considered as ‘Magna Carta’ of victims rights.

In 1985, the General Assembly of the United Nations adopted a

‘Declaration of the Basic Principles of Justice for Victims of Crime
and Abuse of Power’.

The declaration of 1985 recognised the following rights of victims of

crime in which compensation to crime victims is one important right:101

1) Access to justice and fair treatment:

This right includes the mechanisms of justice and to promote redress,
right to be informed of victims’ rights, right to proper assistance
throughout the legal process and right to protection of privacy and
safety.

2) Restitution:

This right includes return of property for the harm or loss suffered;
where public officials or other agents have violated criminal laws, the
victims should receive restitution from the state.

3) Compensation:

When compensation is not fully available from the offender or other

sources, the state should provide financial compensation, at least in
violent crimes which result in bodily injury, for which national funds
should be established.

4) Assistance:

Victims should receive necessary material, medical, psychological and

community based means. Police, justice, health and social service
personnel should receive training in this regard.

The continental countries have recognised two types of rights for victims
of crime as basic and indispensable:
 1) To participate in criminal proceedings
2) To seek and receive compensation for the harm or injuries
suffered1

Aditionally, The U.S.’s Victims Bill of Rights provides certain rights:

 Right to attend and participate in Criminal Justice System.

 Right to be notified about the proceedings in criminal process.
 Right to protection from intimation and harassment.

VICTIMOLOGY: INDIAN PERSPECTIVE

COMPENSATORY JURISPRUDENCE IN INDIA

In 1992 an organisation was founded to discuss the problems of victims,

the Indian Society of Victimology (ISV), and it was located in the
University of Madras.

42nd Report of Law Commission, 1971-

Recommendation Regarding Compensation under Indian Penal Code,

1860 In India,

With a view to give prominence in the Indian Penal Code, 1860 to the
payment of compensation out of fine imposed and to give a substantive
power to the trial Court to this effect,

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J. Mitchell Miller, 21st Century Criminology, Sage Publications India Private, Limited, Delhi, 2009
Law Commission of India in its 42nd report (1971) suggested the
insertion of Section 62 in the Penal Code.

The Parliament did not pay attention to the recommendations of the Law
Commission.

154th Report 1996

The Law Commission, in its report in 1996, stated that, “The State
should accept the principle of providing assistance to victims out of its
own funds:

(i) in cases of acquittals; or

(ii) where the offender is not traceable, but the victim is identified; and

(iii) also in cases when the offence is proved”2

Malimath Committee Report, 2003

In March 2003, the Malimath committee in its Report on reforms on the

Criminal Justice System in India, has, among other things also delved
into ‘justice to victims’ and urged the legislature to draft a law on the
subject. Like Law Commission, Malimath committee also felt that
compensating victims of crime is a state obligation and proposed a
‘victim compensation law’ providing for the creation of a ‘victim
compensation fund’ to be possibly administered by the Legal Services

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Law Commission of India Report, 1996
Authorities created under the Legal Services Authority Act, 1987. It also
laid down the categories of offences where compensation can be
awarded, not be awarded and withdrawn. The merit of Malimath
committee report is that it, for the first time, delved into the
‘participation’ of victims in criminal processes as an inseparable
component of justice.

LEGISLATIVE POLICY ON VICTIM COMPENSATION

There is no comprehensive legislation providing for compensation by

the State or by the offender to the victims of crime. The Criminal
Procedure Code is the first and may be the oldest legislation in India to
deal with the subject of compensation to the victims of crime.

Besides that, compensatory jurisprudence has also emerged in the light of human rights philosophy as a
dynamic interpretation of Art. 21 of the Constitution. “There are a large number of reported judgements
of Supreme Court as well as High Courts which deal with the problem of compensation under Arts. 32
and 226, for breach of public law duties, negligent acts of officers of state, illegal detention, custodial
death, rape, torture etc. and creating a new right by way of interpretation of the constitution in human
rights approach.

Section 357(1) vests power in the trial court to award compensation to

victim of crime whereas, similar power is conferred to the appellant and
revisional court under sub-Section 4. The court may appropriate any
portion or whole of the fine recovered from the offender to be paid as
compensation to the victim.
Section 357(3) of Cr.P.C. 1973, permits grant of compensation even
where the accused is not sentenced to fine. However, this provision is
invoked sparingly and inconsistently by the courts. In Hari Singh vs.
Sukhvir Singh3, the Supreme Court had to exhort the criminal courts to
use this provision since this power was intended to do something to
reassure the victim that he or she is not forgotten in the criminal justice
system. It also directed the subordinate criminal courts to exercise
the power of awarding compensation to the victims of offences in
such a liberal way that the victims may not have to rush to the
civil courts for compensation to the victims.

Section 357-A has been inserted in Cr.P.C. by amendment of 2008

which envisages ‘Victim Compensation Scheme’.

Section 358: The Code also provides compensatory relief to victims of

unlawful arrest or detention by police without sufficient cause.

Section 372: as amended in 2008 now provide that the victim need not approach the
prosecution for its consent or approval to file an appeal against the acquittal of the accused.
This now enables the victim to move in appeal against the acquittal order passed by the trial
court or against an order awarding the accused a lesser sentence or against an order convicting
the accused for a lesser offence or where the compensation awarded to him is inadequate.

Once again in 2013, new additions namely s.357 B, s.357 C have been inserted in Cr. P.C.12
S.357 B provides the additional compensation to victims who come under s. 326 A, 376 D of the
Indian Penal Code. S. 357 C gives the directions to all the hospitals whether they run by govt. or
by local authorities that they provide the free medical aid to the victims of ss. 326 A, 376 A, 376
B, 376 C, 376 D of Indian Penal Code.

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(1988)4 SCC 551
The Probation of Offenders Act, 1958also contains provision for
compensatory relief to victims of crime under Section 5(1). The court
directing the release of an offender under the Act may further direct the
accused to pay such compensation to the victim, as the court thinks
reasonable for the loss or injury caused to the victim, as also the costs of
the proceedings.

The Motor Vehicles Act, 1998 also contain provisions for award of
compensation to victims of crime. The victims of vehicular accidents or
their legal representatives are entitled to claim compensation from the
offender under Section 5 of the Act. However, the power in this regard
vests only with the trial court and none else.

In thecase of Delhi Domestic Working Women’s Forum Vs. Union of

India4, the Supreme Court indicated a scheme to award
compensation to rape victim both at the time of trial i.e., interim
compensation to rape victim and at the end of the trial.

The Supreme Court suggested the establishment of Criminal

Injuries Compensation Board under Art. 38(1) of the Constitution
of India. The rape victim shall be paid compensation by this Board
or the court and while awarding compensation the following
particulars are to be taken into account to calculate the
compensation amount i.e., pain, suffering and shocks experienced

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1995(1) SCC 14
by the victims and also loss of earnings due to pregnancy and the
expenses of child birth if this occurs as a result of the rape.

In the landmark case of Rudul Shah vs. State of Bihar5, the Supreme
Court ordered the Government of Bihar to pay to Rudul Shah a further
sum of Rs.30,000 as compensation, which according to the court was of
a “palliative nature”, in addition to a sum of Rs.5,000, in a case of illegal
incarceration of the victim for long years. It categorically clear that the
higher judiciary has the power to award compensation for
violation of fundamental rights through the exercise of writ
jurisdiction and evolved the principle of compensatory justice in
the annals of human rights jurisprudence.

In The Chairman, Railway Board and Others v. Mrs. Chandrima Das

and Other. 39 a sum of Rs.10 lakhs was awarded as compensation for
Smt. Hanuffa Khaton as the High Court was of the opinion that the rape
is not a mere matter of violation of an ordinary right of a person but the
violation of Fundamental Rights which is involved.

STATE OF GUJARAT v. HON’BLE HIGH COURT OF

GUJARAT (1998)

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(AIR 1983 SC 1086)
Dr. Jacob George v. State of Kerala

Facts: Thankamani married Sathyan and had a son out of the wedlock. Six months after the birth of the
child, Sathyan deserted Thankamani but reconciled with her after some time i.e. around three months
prior to the death of Thankamani. After their reconciliation, Thankamani conceived for the second time
but she was not interested to proceed with her pregnancy. For the purpose of terminating her
pregnancy i.e. aborting the child, she went to a clinic where the operation for the purpose of abortion
was done. Thankamani died following the operation, in the clinic. The victim expired since her uterus got
perforated due to the use of some scientific instruments by the appellant, who was a homeopath and
had no training about the use of such instruments. In this case, the Supreme Court modified the
sentence of the High Court and enhanced the fine which was imposed by the High Court from Rs 5000 to
Rs 100000 to be paid to the son of the deceased who was a minor and reduced the sentence. The sum
of money was to be deposited in a nationalized bank in the name of the minor son from where the
guardian of the minor could take the interest of the deposit and use it for the development of the child
and on attaining majority, the son would decide how he chose to use the money which the bank would
follow.