CHAPTER-2

VICTIMOLOGY: THEORETICAL FRAMEWORK

2.1 Introduction

Though Victimology has been emerged from the Criminology but today it has
been developed to a full-grown discipline. In recent past, a visible interest has been
noticed in the conditions of crime victims and initiating an evolution towards
organizing or reestablishing them into the components of criminal justice system.

“Since 1940s Victimology has emerged with the passage of every decade.
Like so other disciplines, victimology too has been impacted and influenced by
various happenings e.g. the world war, feminist movements, and the human rights
movements. The various typologies of victims formulated by various authors reflected
the perception about the victims during the said period. Victimology though not yet
grown into full maturity but has truly grown far beyond from where it started.
Victimology today is just not concerned with the study of victims of crime but it
includes study of any individual whose basic human rights or legal rights are
sacrificed, victim assistance services and policies, reintegration and rehabilitation of
victims and much more.”1

“The administration of criminal justice has not given much attention to the
rights of the victim. Rather, the entire focus of the criminal justice system is on the
criminal either to punish him or to seek his reformation and rehabilitation with all the
resources and goodwill available through the courts and other governmental agencies.
The victims of the crime are as rightly pointed out on, „the forgotten people in the
system‟” 2 . President Gerald R. Ford said the following message to the American
congress in 1975:

“For too long, the law has centered its attention more on the rights of the
criminal than on the victims of the crime. It is high time we reverse this trend and put
the highest priority on the victims and potential victims.”3

1
Shodhganga.inflibnet.ac.in
2
ibid
3
94th American Congress on 3rd January 1975 Washington, DC in the administration of President
Gerald R. Ford.

55
In the opinion of Edwin. H. Sutherland, “Criminology is the development of general
and verified principles and concerns with the knowledge about the crime, the legal
process and treatment of offenders. The criminological study focuses on the etiology
of crime and criminal characteristics. On the other hand, victimology is the study of
the victim, including the offender and society. Victimology views crime, law,
criminal and the victim from a socio structural perspective.”4

“However research also shows that the credit of coining the term victimology
has been assigned to Benjamin Mendelsohn in 1940, when he proposed that the
discipline has the potential of developing into an absolutely fresh branch of study and
not remains just as a branch of criminology.”5 The term victimology consists of a
Latin word „victima‟, which implies a victim and a Greek word „logos‟, which means
a system of knowledge. “Thus, we can say that victimology is a system of knowledge
about victims. In 1993, at the International Congress on Criminology in Budapest,
Ezzat Fattah critically remarked, victimology would lead to harsher punishments.
According to him victimology would stand for a „conservative excessive law and
order ideology‟. In response to this observation, Kirchhoff clarifies that Victimology
is a science and it analyses those events which were condemned by Fattah.”6

According to Schultz, “Victimology is the study of degree of and type of

participation of the victim in the gensis or development of the offences and an
evaluation of what is just and proper for the victim‟s welfare.”7

“However, in the view of some thinkers, victimology is considered as a

movement. A movement is concerted bundle of social activities, which has a definite
direction and tendency. Thus, a movement is not the science but is an object of
scientific analysis and interpretation.”8

In the opinion of Prakash Talwar, “Victimology is the independent study of

the relationships and interactions between offender and victim before, during and after
the crime”.9

4
Ann Wolbert Burgess, Cheryl Regehr (2010): Victimology, Theories and Applications, Jones and
Bartlett Publishers, Sudbury, Massachusetts
5
Kirchhoff G.E. (2005): What is Victimology, Monograph Series No.1, Tokiwa International
Victimology Institute, Seibundo Publishing Co, Tokyo.
6
ibid
7
V.N.Rajan(2012 ): Victimology in India, APH Publishing Corporation, New Delhi
8
ibid
9
Parkash Talwar (2006): Victimology, Isha Books, Delhi

56
 “Victimology emerged as a distinct field of study based on the research of
Benjamin Mendelsohn and Hans Von Hentig in the 1940s and 1950s. Victimology
originally was considered a branch of criminology. The early criminologists and
victimologists had their focus on writing and analyzing the types of victims of crime,
how a victim contributes either knowingly or unknowingly towards their own
victimization. Von Hentig in his work identified the different categories of individual
who appeared to be prone to victimization.”10

In 1950s at the University of Pennsylvania, Mervin Wolfgang (1950) in his

doctoral thesis based on Von Hentig‟s theories found that “the majority of criminal
homicides in Philadelphia were victim participated since, the victim either provoked
the perpetrator of the crime or it was unconscious desire to commit suicide which
motivated the victim. Such findings did not have a very positive impact on the
development of victim rights jurisprudence since it resulted in misunderstanding of
the condition of crime victims.”11

Andrew Karmen in his textbook titled Crime Victims: An Introduction to

Victimology in 1990, broadly defined victimology:

“The scientific study of victimization, including the relationships between

victims and offenders, the interactions between victims and criminal justice system-
that is, the police and courts, and correctional officials- and the connections between
victims and the other societal groups and institutions, such as the media, business and
social movements.”12

On the other side, Roberson has explained victimology distinctively. He

suggests that “since victimology emerged from the study of crime, so, some would
definitely say that victimology is the subject of crime (not victimization) from the
viewpoint of victim.” 13 In narrow sense, “victimology is the empirical, factual study
of victims of crime and such is closely related to criminology and thus may be
regarded as a part of the general problem of crimes. In broader sense, Victimology is

10
Victim and the Law: A socio-legal study available at Shodhganga.inflibnet.ac.in/bitstream/
11
Victimology and Role of Victim in Crime available at http://dspace.cusat.ac.in/
12
Karmen, A. (1990): Crime Victim: An Introduction to Victimology, Wordsworth Publishing
Company, Belmont, C.A.
13
Roberson, C. (1994): Introduction to Criminal Justice, Copperhouse Publishing Company,
Placeville. C.A.

57
the entire body of knowledge regarding victims, victimization and the efforts of the
society to preserve the rights of victim. Hence, it is composed of knowledge drawn
from such fields of criminology, law, medicine, psychology, psychiatry, social work,
politics, education and public administration. Victimology in its most simple form is
the study of the victim or victims of a particular offender. It is defined as the thorough
study and analysis of victim characteristics and may also be called Victim
Profiling.”14

John Dussich explained the scope of victimology. He observed, “victimology

is an academic scientific discipline that describes phenomena and casual relationships
related to victimizations. This includes events leading to the victimization, the
victim‟s experience, its aftermath and the actions taken by the society in response to
these victimizations. Therefore, victimology includes the study of the precursors,
vulnerabilities, events, impacts, recoveries and responses by the people, organizations
and cultures related to victimizations.”15

In a very compact manner Anthony Walsh and Craig Hemmens have

described, “victimology is the study of the risk factors for and consequences of
victimization and criminal justice approaches dealing with victim and victimization.
The risk factors for victimization are basically the same as the risk factors for
victimizing in terms of gender, race, age, sex, personal characteristics and
neighborhood.”16

Echoing similar sentiments the World Society of Victimology has described,

“victimology as a scientific study of extent, nature and causes of criminal
victimization, its consequences for the persons involved and the reactions there to by,
in particular the police and criminal justice system as well as voluntary workers and
professional helpers.”17

From these definitions, one can see that victimology encompasses the study of:

 Victimization;
 Victim-Offender relationships;
 Victim-Criminal Justice System relationships;
14
See Victimology on site http://en.Wikipedia.org.
15
Dussich, John P.J. Victimology- Past, Present and Future- site www.unafei.or.ip
16
Walsh, Anthony and Hemmens, Craig (2008): Introduction to Criminology, a text/reader,Sage
publications, New Delhi
17
See Victimology on site http://en.Wikipedia.org.

58
 Victim and the Media;
 Victims and the costs of crime; and
 Victims and Social movements;

Taking into account all these parameters it can be concluded that victimology
is the scientific study of the social science of (man-made) victims, victimizations by
Human Rights violations including crime and the (existing and desirable) reactions
towards both.

2.2 Historical Development of Victim, Victim Justice and Victimology:

“Early ritual literature from all regions of the world provides clues to the study
of sacrifice and of its victims: human, divine, animal, or inanimate. Mythological and
epic sources provide ample evidence to the existence of different types of sacrifice
and victims, and they include clear symbolic elements that are connected to the rituals
and practice.”18

“The concept of victim emerges from the concept of justice. Victim belongs to
all cultures because it is significantly connected with the idea and practice of sacrifice.
During primitive times, social control or justice was primarily accomplished through
individual acts of revenge, with victims or families of victims taking the law into their
own hands and, in effect, donning the role of judge, jury, and executioner. The idea of
restitution or compensation was also implemented as a means of increasing punitive
sanctions against an offender. Recorded history documents the early view and practice
of justice and how victims and their families were protected by their rules and codes
of laws of the times.”19

The Code of Hammurabi (1786 B.C.), for example, “represented a system of

restitution based on revenge and cruelty (it was not uncommon for a thief to have his
own hand cut off) and required a victim‟s family and community to assume
responsibility for aiding the victim if the offender was unable to be brought to
justice.”20 And “this Code has special importance for its concern for the rights of the
victims. It may have been the first victims‟ rights statute. However it was relatively
short lived.”21

18
Fattah Ezzat A. Victimology Past, Present and future- site www.erudit.org/revue/crimino/2000
19
Victim and the Law: A socio-legal study available at shodhganga.inflibnet.ac.in/bitsream/
20
Mike Maguire, Rod Reiner (2002): Handbook of Criminology, Oxford Unversity Press, Delhi
21
Harvey Wallace and Cliff Roberson (2011): Victimology Legal, Psychological and Social
Perspectives, Prentice Hall, New Jersey

59
 During the Rig Vedic period, “the power to punish the offender vested with
the victim. The ancient Hindu law framers like Manu had complete knowledge of the
importance of providing compensation to the victims of crime.”22

“It is found that Manu has provided reparation to the victim of crime, apart
from making the payment of fine to the king (the state). Compensation to victim of
crime for the injury suffered was also provided in the law of Vishnu and
Yajnavalakys. As per ancient laws, Yajnavalakys, Narada and Brihaspati provide for
an amount of compensation double the amount of purchase money and a fine of an
equal amount in cases when sale of goods was made fraudulently or people
knowingly and intentionally do not disclose the defect of the goods.”23 As provided in
Manusmriti and some other Smritis, “during the Vedic period, „Varna‟ was the basis
of administration of justice and infliction of punishment was carried on. Adjudication
of crime was made with regard to the class and status of the victim and the person
who committed the crime. Higher the „varna‟ of the victim, higher was the imposition
of the penalty and vice versa.”24 The Dharmasutras of Baudhaayana and Aapastamba
provide that, “the expiatory fine in case of murdering a kshatriya was thousand cows
and one bull while in case of a sudra was only ten cows and a bul.” 25 But, the
provisions of Katyayana Smriti said, “in case a Kshatriya was guilty of an offence, the
punishment that would be awarded on a kshatriya was to be double the penalty that
would be imposed on a Sudra for a similar offence.”26

“Restitution and atonement was recognized even during the Islamic period.
During the Muslim rule, importance was laid on the administration of criminal justice
and reforms were introduced for the betterment of the judiciary. During the period of
Sher Shah Suri village councils were recognized who were required to pay the victims
in case of robberies and the resulting losses suffered by them.”27

22
D.Banerjea (2005): Criminal Justice India Series, Volume 17, Part 1, Allied Publishers Pvt.Ltd.,
New Delhi.
23
Manusmriti: A Critique of the Criminal Justice Tenets in the Ancient Indian Hindu Code,
available at http://www.erces.com/journal/articles/archives/v03/v03_05.htm
24
ibid
25
Frederic B. (1978): Aspects of Justice in Ancient India By Frederic B. Underwood Journal of
Chinese Philosophy Vol. V, D. Reidel Publishing Co.
26
Dalbir Bharti (2002): The Constitution and the Criminal Justice Administration, A.P.H.
Publishing Corporation, NewDelhi,
27
Bharat Bhushan Das (1997): Victim in the Criminal Justice System, APH Publishing, New Delhi

60
 “Prior to 1066 Norman Conquest, England had a much-decentralized legal
system. During this period, society viewed crimes as personal wrongs unlike the
teachings of the Code of Hammurabi. When an offence was committed, the victim or
his family received compensation.”28

“By end of the middle ages it was generally recognized that personal revenge
was neither appropriate nor adequate and that an injured party should instead seek
recourse systematically via civil law. Frequently, however, this created postponement
of compensation for the victim or worse subjugation of a victim‟s needs to the more
immediate needs of the state.”29

2.3 Historical Development of Concept of Victimology

“The scientific study of victimology can be traced back to the 1940s and
1950s. Until then, the primary focus of research and academic analysis in the field of
criminology was on criminal perpetrators and criminal acts, rather than on victims.
Two criminologists, Mendelsohn and Von Hentig, began to study the other half of the
offender i.e. the victim. They are now considered as the Fathers of the study of
Victimology”.30

“In their efforts to understand crime, these new Victimologists began to study
the behaviors and vulnerabilities of victims, such as the resistance of rape victims and
characteristics of the types of people who were victims of crime, especially murder
victims.” 31

In 1941 Von Hentig published an article with the title “Remarks on the
Interaction between Perpetrator and Victim”. Later he published “the Criminal and
His Victim”, a criminological textbook in which “he devoted a chapter to the victim.
He treated the victim as one of the participants in a crime. Victims were classified
according to the nature of their involvement in the criminal act. It was thought that a
study of the victim‟s role might result in a better prevention of crime.” 32

“His analysis of murder focused on types of people who were most likely to be
victims of homicide. “The most likely type of victim Von Hentig identified is the

28
Victim and the Law: A socio-legal study available at shodhganga.inflibnet.ac.in/bitsream/
29
ibid
30
Theoretical Perspectives of Victimology and Critical Research available at www.ojp.usdoj.gov/
ovc/assist/nvaa
31
ibid
32
Dijk Jan J.M.Van-Introducing victimology site rechten.uvt.ne/victimology

61
„depressive type‟ was seen as easily duped because his or her natural tendency to be
suspicious. The „Wanton type‟ is particularly vulnerable to stresses that occur at a
given period of time in the life cycle, such as juvenile victims. Von Hentig‟s last type
was the „tormentor‟, the victim of attack from the target of his abuse, such as the
battered woman. Von Hentig‟s work provided the foundation for analysis of victim-
proneness that is still evident in the Literature today. Wolfgang‟s research followed
this lead and later theorized many victim-precipitated homicides were, in fact, caused
by the unconscious desire of the victims to commit suicide. Viewed from the
perspective of criminology, victimology initially devoted much of its energy to the
study of the how victims contribute- knowingly or unknowingly- to their own
victimization, and potential ways they may share responsibility with offenders for
specific crimes.” 33

“In 1947, Mendelsohn presented a paper in French at a congress in Bucharest

and he too used the term „victimology‟. Like Von Hentig he also drew attention to the
part played by victims in precipitating crimes of violence, for example through
provocation. For Mendelsohn, victim precipitation was a mitigating circumstance in
meting out punishment for the offender. In the course of his legal practice,
Mendelsohn interviewed his clients to obtain information about the crime and the
victim. He viewed the victim as one factor among many in the criminal case. His
analysis of the information about the victims led him to theorize that victims had an
unconscious aptitude for being victimized”.34

“Of great significance to the development of victimology as a field of

research in its own right was a book by S. Schafer published in 1968, entitled „The
Victim and His Criminal; a study into functional responsibility.‟”35 “As a title, which
paraphrases the title of Von Hentig‟s classical textbook, indicates, the victim is at the
heart of this monography. Schafer presents victimology as the independent study of
the relationships and interactions between offender and victim before, during and after
the crime.”36

33
Theoretical Perspectives of victimology and critical Research available at www.ojp.usdoj.gov/
ovs/assist/nvaa
34
ibid
35
S.Schafer (1968): The Victim and His Criminal; A Study into Functional Responsibility, Random
House, New York
36
ibid

62
 “In addition to the victim precipitation in the events resulting in the criminal
act, the obligation of the offender to make good by compensating his victim is now
also seen as part of the subject matter. This view was shared by the Dutch
criminologist Nagel in his publications on the „Victimological Notion‟ in
criminology. Like the other Pioneers, Nagel argued for an integrationist victimology.
He was particularly interested in the relationship between offender and victim after
the commission of the crime. In his opinion the criminal justice system should aim to
satisfy the offender‟s need for atonement, the victims need for retribution and their
joint need for reconciliation.” 37 Fattah, a Canadian criminologist who published a
book entitled: La victime: ese-ellecoupable? (Is the victim to blame?) “In 1971- and
one of the speakers at the Amsterdam symposium- can also be regarded as belonging
to the first generation of Penal Victimologists. These pioneering authors were all
criminal lawyers and/ or criminologists. Their field of interest was victim as key
figure in the social process resulting to and following from criminal acts. The attempts
at studying the role of the victim as co-precipitator of the crime continued in the
empirical studies of Wolfgang (1958), and later in those of Amir on rape (1971). The
key notion here is „victim precipitation‟ as a neutral, non-legal concept, which can
help to explain the occurrence of criminal acts.” 38

2.4 Classification of Victimology:

With the relation of above discussion victimology can be broadly classified in

two main categories, Penal Victimology and General Victimology.

Jan. J.M. van Dijk in his article 39 talks about two types of victimology,
namely Penal Victimology and General Victimology.

(i) Penal Victimology: The pioneers who studied about this field of victimology
had made a strong contribution towards the evolution of penal victimology.
“Penal victimologist concerns with the study of illegal criminal acts. Research
in this field deals with data related to causes of crime, victim-offender

37
Kaur Harpreet, “Victimology in the Penal Justice System with special reference to women and
children”, (unpublished) available at shodhganga.inflibnet.ac.in
38
Theoretical Perspectives of victimology and critical Research available at www.ojp.usdoj.gov/
ovs/assist/nvaa
39
Jan J.M. Van Dijik: Introducing Victimology, http://arno.uvt.ne/show.cgi/fdi=77963

63
 interaction and such other issues where there is a direct contact between the
criminal and the victim. Penal victimology is also known as interactionist
victimology. Penal victimologists are generally not very keen in providing
professional assistance to the victims.”40

(ii) General Victimology: Mendelsohn advocated for the development of such a

victimology which would be free from criminal law and criminology and aim
at reducing the sorrows and sufferings of men. “He emphasized that the
domain of victimology should include accident victims, victims of natural
disasters and other „acts of god‟. Thus this classification of victimology does
not consider about the victims of crime only. It can be said that it is „assistance
oriented‟ victimology, since it aims at helping the victims rather than merely
studying and interpreting the victims.”41

Mendelsohn gave the profile of General victimology during his famous Colzea
speech in 1947. In his views, “the focus of victimology should be on all kinds of
victims, their suffering and treatment. Later, a detailed version of the concept was
published in French language.”42

According to Mendelsohn, “since there are numerous causes responsible for

human suffering, having a restricted focus on criminal victimization was considered a
very narrow perspective. He thought, term, „general victimology‟ would convey the
real meaning of the discipline. 43 He developed victimology very systematically.
Published in 1958, his six demands portray the vision of this new science.”44 They
were; “(i) The focus of victimology must be on all victims, their suffering, and
treatment. He wanted it to develop as a science in its own right; (ii) There was need
for „victimology‟ to have its own journal. (Emilio Viano from 1975 to 1985 edited
Victimology, an international Journal. It was the first journal dealing with
victimology. Today there are numerous journals on the discipline); (iii) There was a
necessity for this discipline to have its own institute. As documented by Kirchhoff,

40
Victim and the Law: a socio-legal study (unpublished) available at shodhganga.inflibnet.ac.in
41
Andrew Karmen (2013): Crime Victims: an Introduction to Victimology, 8 th Edition, Wadsworth
Cengage Learning, Belmont, CA.
42
ibid
43
John P.J. Dussich (2015): The Evolution of International Victimology and its Current Status in the
World Today, Journal of Victimology, California State University, Fresno
44
ibid

64
Tokiwa International Victimology Institute fulfills this requirement. Earlier institutes,
which existed, did not employ permanent research staff nor had a permanent research
agenda; (iv) A need for an international society of victimology was also felt. World
Society of Victimology (WSV) was found in 1979 in the 3rd International Symposium
on Victimology in Muenster, Germany. Hans Joachim Schneider was the first
President, John P.J.Dussich, the secretary general, Sarah Ben David the treasurer and
Israel Drapkin, Gerd Ferdinand Kirchhoff, Koichi Miyazawa, Zvonimir Paul
Separovic and Irwin Waller were the founding members; (v) Similarly, there was also
a need for international symposia. The series of International Symposia on
Victimology was started in Jerusalem in 1973 and was continued in Boston in 1976;
(vi) Desire for victimological clinics was also expressed. However, instead of
victimological clinics, victim assistance centers have developed round the globe.”45

“It is mainly related to the legal representation of the victims' and their access
to some social services in developed countries. General victimology has also been
subject to political criticism. It mainly argues that people sustain some minor
difficulty may also be included within the ambit of victims and ignore the personal
responsibility. It can be said that General Victimology, focuses on assistance or
treatment rather than on the analysis of the genesis of the victimization. Dijk,
suggested „assistance-oriented victimology‟ as an alternative name for it.”46

According to Van Dijk, “some clinical studies related to victims of crime have
completely neglected the problems of the victims from the aspect of criminal law and
instead, focuses on the „patient's clinical symptoms‟ in the nature of medical
profession.”47

2.5 Contributions by Thinkers

Benjamin Mendelsohn: Mendelsohn coined the term “victimology”. 48 As a

practicing attorney, “during the course of his preparing a case for trial, he would
conduct in-depth interviews of victims, witnesses and bystanders. The accused along
with all the others who had knowledge of the crime were given questionnaire. Based

45
Kaur Harpreet, “Victimology in the Penal Justice System with special reference to women and
children”, (unpublished) available at shodhganga.inflibnet.ac.in
46
Miomira Kosti ( 1 ): “Victimology: A Contemporary Theoretical Approach to Crime and its
Victim”, Law and Politics, Belgrade
47
ibid at 13
48
Theoretical Perspectives of Victimology and Critical Research available at www.ojp.usdoj.gov/
ovc/assist/nvaa

65
on these studies, in 1963, Mendelsohn came to the conclusion that the offender and
the victim usually shared a strong interpersonal relationship. He further, developed a
typology of victim and their contribution to criminal act. He classified victims into six
distinct categories”49:

1. The completely innocent victim: “Such a victim may be a child, a completely

unconscious person, victim of unexpected natural disaster, victim of random or
rampage shooting.”
2. The Victim with minor guilt: “Such victims for example include woman who
causes a miscarriage and as a result dies or it may also include adults who become
subject to victimization for being in the wrong place at the wrong time but could
have avoided the victimization had they being cautious.”
3. The victim who is as guilty as the offender: “It includes those victims who assist
others in committing a crime. They are voluntary victims and share equally the
responsibility. An example may be a victim who contracted a sexually transmitted
disease from a prostitute.”
4. The victim more guilty than the offender: “These include such victims who
cause provocation to those who commit crime. Such victims actively participate in
the act. An example of such a victim would be an abusive husband who gets killed
by his battered wife.”
5. The most guilty victim: “They include such victims who due to their aggressive
acts get killed by the other person who acts in self-defense. Such victims are
exclusively responsible for their victimization. They generally initiate the contact
and commit an act, which is likely to lead to an injury. Suicides by those who are
not mentally ill also fall within this category of victims.”
6. The imaginary victim: “They are such persons who suffer from mental disorders
such as paranoia and believe themselves to be victims, hysterical persons or a
senile individual. In the 2009 Bighamton mass murder case50, the shooter believed
that the police and the other authorities had him under surveillance. This proved
not to be true and was an example of his paranoia and mental illness.”

49
ibid
50
“A gunman invaded an immigration services center in downtown Binghamton, N.Y., during
citizenship classes on Friday and shot 13 people to death and critically wounded 4 others before
killing himself in a paroxysm of violence that turned a quiet civic setting into scenes of carnage
and chaos.” Reported in the New York Times, April 3, 9. Available at https://www.
nytimes.com/2009/04/04/nyregion/04hostage.html?pagewanted=all&_r=0

66
 Hans von Hentig (1887–1974): In 1948, the Criminal and His Victim, von
Hentig discussed, “the relationship between the „doer‟ or criminal and the „sufferer‟
or victim. He concluded that the characteristics based on the personality of some
crime victims, and/or the community environment they inhabit, may actually
contribute to their victimization. He also established a typology of victims based on
psychological, social and biological factors. He established three broad classes of
victims by examining various risk factors.”51 “The typology includes the following:”52

I. The General Classes of Victims

i. The Young: “He suggested that they are not usually victims of crime for
profit but are prone to victim of attack since they are mostly weak. However,
they may be kidnapped for profit or used by criminals to commit crimes
against property. In many countries, laws are in force to protect children
against sexual victimization.”53
ii. The Female: “Since numerous rules of law embody the legal fiction of a
weaker (female) and stronger (male) sex, the female sex is recognized by law
as another form of weakness.”54

iii. The Old: The elder generation is more vulnerable to be victimized since they
are physically and mentally weak as compare to other categories.

iv. The Mentally Defective: “The feeble-minded, the insane, the drug addict, and
the alcoholic form another large class of victims. He identified mentally-ill,
mentally retarded and substance abuser as handicapped in any struggle against
crime.”55

v. Immigrants, Minorities, and Dull Normals: “He described immigrants as

vulnerable while adjusting to a new culture in that they can suffer poverty,
emotional difficulties and rejection by groups in the new country. It leads to a
feeling of helplessness in vital human relations. Criminals often understand
the immigrant‟s disturbed situation and take advantage of it. The

51
Hans von Hentig(1949): The Criminal and His Victim, New Heaven: Yale University Press,
United States
52
ibid
53
ibid
54
ibid
55
ibid

67
 inexperienced, poor, and sometimes dull immigrant, minority, or others are
easy prey to all kinds of swindlers. In case of minorities the lack of equality
increases their chances of victimization. Racial prejudices can lead to violent
criminal- victim relationships. According to Hentig, Dull normals are born
victims in that the criminals and swindlers can exploit their vulnerability.”56

II. The Psychological types of Victims

i. The Depressed: “Since a depressed person‟s attitude is pathetic and
submissive and the person is unable to have any fighting qualities and the
person‟s mental resistance is reduced, he or she becomes open to
victimization.”57
ii. The Acquisitive: “In case of such victims the extreme desire for gains
causes intelligence, business experience and inner impediments to be
eclipsed. He discussed the way criminal syndicates, racketeers, gamblers,
confident men and others exploit the need for money of the victims.”58
iii. The Wanton: “Often a sensual or wanton disposition requires other
concurrent factors to become activated. Loneliness, alcohol and certain
critical phases are “process accelerators” of this type of victim. Such kind
of persons are dimmed due to the generalization of laws and obscured by
social conventions.”59
iv. The Lonesome and the Heartbroken: “Loneliness causes critical mental
facilities to be weakened and such individuals become easy prey for
criminals. Similarly the heartbroken victims are dazed by their loss and
therefore become easy targets.”60
v. The Tormentor: “He described tormentors as being in family tragedies.
Such kind of victims becomes perpetrators. Example of such kind of
victim may be the psychotic father who might abuse his wife and children
until one of the children grows up and under provocation kills him.”61

56
ibid
57
Victim and the Law: a socio-legal study (unpublished) available at shodhganga.inflibnet.ac.in
58
ibid
59
ibid
60
ibid
61
ibid

68
 vi. The Blocked, Exempted and Fighting: “This is a self-imposed form of
helplessness and an ideal condition for a victim from the point of view of
the criminal. An example of this type would be someone being
blackmailed and then unable to seek the assistance of the police.”62

Stephen Schafer (1911-1976): Schafer was born in Budapest, Hungary in

1911 and earned his law degree in 1933. After suffering persecution during World
War II and later under the Stalin regime, “he was forced to resign his teaching
position and left his family to England. He taught criminology at the Polytechnic of
Central London (now University of Westminster) and in 1960 he published the first
edition of Restitution to Victims of Crime, the first hardbound book on the victims.
Years later, as a refugee in Britain, he was asked by the Home Office to do research
and conduct a worldwide survey on victim compensation. This revived his interest in
victims and was the basis of his first book.”63

“He examined the work of Mendelsohn and von Hentig and made an attempt
of classifying victims based on responsibility rather than risk factors. He revisited the
role of the victim in the book. He critically noted that Mendelsohn‟s and von Hentig‟s
list of victim types could be extended but that would not serve any purpose. In his
opinion, a typology of criminal – victim relationships, along with the pattern of social
situations in which they appear, might be more useful. His victim precipitation
typology of victims emphasized the culpability of the victim.”64 It included65:

i. Unrelated Victims: These victims are those victims who have no

responsibility for his/her victimization.
ii. Provocative Victims: In these cases, culprit acts according to the behaviour of
the victim and victim is responsible for his/her victimization.
iii. Biologically Weak Victims: Age or undersupplied places make the
individuals more prone to victimization.
iv. Socially Weak Victims: Minorities or immigrants
v. Self-Victimizing Victims: Drub abuser, gamblers and prostitutes are self-
victimizing types of victims.

62
ibid
63
https://www.jewishvirtuallibrary.org/schafer-stephen
64
Victims and the Law: A socio-legal study (unpublished) available at shodhganga.inflibnet.ac.in
65
Stephen Schafer (1960): Restitution of Victims of Crime, Stevens Books, London

69
vi. Political Victims: When victims oppose the people in power and get victimized
due to this behaviour.

Schafer concluded that, “the functional role of a victim is to do nothing to prevent

others from attempting to injure him and at the same time to actively prevent such
attempts. In other words, this is the victim‟s functional responsibility.”66

Groups created by Schafer, “categorizing victims, are in many considerations

variations of those created by Hentig. The distinction between the two categories is
mainly based on culpability of the victim. While hentig identifies varying risk factors,
Schafer sets forth the responsibility of different victims.”67

“The importation of victimology to the United States was due largely to the work
of the scholar Stephen Schafer, whose book The Victim and His Criminal: A Study in
Functional Responsibility (1968) became mandatory reading for anyone interested in the
study of crime victims and their behaviors.”68

Wolfgang (1924-1998): “From 1948 to 1952 in Philadelphia, Marvin E.

Wolfgang made the first major study of victim precipitation. He focused on homicides,
studying both the victim and the offender as separate entities and as „mutual participants
in the homicide‟. He evaluated homicides and found that 26% of all the homicides studied
in Philadelphia involved situations in which the victim was a direct positive precipitator
in the crime – the first to use force during the acts leading to the homicide.”69

Wolfgang identified several factors, which are typical of victim-precipitated homicides. 70

Following are those factors:

(i) “Prior interpersonal relationship between the victim and the offender e.g.
relationship between spouses, members of family, close friends etc.; (ii) Small
disagreements escalating into situations out of control, which could either be short
term or result from a long drawn confrontation; (iii) consumption of alcohol by
the victim.”71

66
Stephen Schafer (1968): the Victim and His Criminal: A Study of Functional Responsibility,
Random House, New York.
67
ibid
68
https://www.ncjrs.gov/ovc_archives/ncvrw/2005/pg4c.html
69
Das Debdatta (2014): Ph.d. thesis on Legislative and Judicial Development of Victimology in
India a Critical appraisal avaialable at http://shodhganga.inflibnet.ac.in/bitstream/10603/79773/2/
11_chapter%202.pdf
70 William G. Doerner and Steven P.Lab (2012): Victimology, Anderson Publishing, Burlington
USA,
71
ibid

70
 Five types of victimization has been outlined by Wolfgang (1967)72:

i. Primary victimization
ii. Secondary victimization
iii. Tertiary victimization
iv. Mutual victimization
v. No victimization

Menachem Amir: “A student of Marvin E. Wolfgang analyzed Philadelphia

police records on rape incidents between 1958 and 1960. He wrote that 19% of the
forcible rape cases were victim precipitated.”73

He identified, “One of the risk factors was that of alcohol use, especially if
both victim and perpetrator had been drinking. (His book was published as the
women‟s movement on the rape issue was emerging. There was considerable criticism
of his work by feminists and researchers.) Other factors, as per research were
seductive actions by the victim, revealing clothes worn by victims, bad reputation
etc.” 74

Karmen: Karmen pointed out that, “victimologists view the dynamics of the
victim‟s role in society from a multidisciplinary perspective. He discussed the
development of victimology. He even opined that those who study victimology
concentrate their study around three main areas:"75

i. They try to find out the reason of victimization.

ii. Victimology also makes an evaluation of various limbs of criminal justice
administration.
iii. Evaluation and reimbursement of victims‟ losses and emotional needs.

Mawby and Walklate: “Mawby and Walklate proposed a view of

victimology that, they referred to as critical victimology. These scholars have
observed that many crimes committed by the rich or the powerful or even by states
are rarely considered as crimes like, abuse of power committed by those in control of

72
Available at http://www.preservearticles.com/2012050131684/different-types-of-victims-on-the-
basis-of- different-criteria.html
73
Manachem Amir(1968): Victim Precipitated Forcible Rape, Journal of Criminal Law and
Criminology, Vol. 58. Issue 4, Northwestern University of Law, USA
74
Das Debdatta: Legislative and Judicial Development of Victimology in India a Critical appraisal
(unpublished) available at shodhganga.inflibnet.ac.in
75
ibid

71
 power is very seldom mentioned as a crime in the media or other sources, rape as a
weapon of war has been reported in several countries etc.”76

Ezzat A. Fattah: “Victimology has undergone a rapid and fundamental

evolution in the last two decades”77. “The recent emphatic and dramatic developments
in victimology have caused the discipline to undergo a radical transformation. The
major achievements in the applied field eclipsed the theoretical approaches that
characterized early victimology. This phase witnessed consolidation, data gathering,
theory formulation, and emergence of new victim oriented legislations.”78

In 1967, he described victims into the following five types79:

i. Non-participating,
ii. Latent,
iii. Provocative,
iv. Participating, and
v. False Victims

“The formal approval by the General Assembly of the United Nations of the
„UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power‟ on November 11, 1985, was one of the most important developments in the
field of victimology. Following the adoption of this Declaration by the General
Assembly, various legislatures across the globe adopted Victims Bills of Rights.
There were more significant developments like creation of state compensation for
victims of violent crime, the re-emergence of restitution by offender, and the
establishment and proliferation of victim-offender mediation programs, in the applied
field.”80

2.6 Vulnerable Victims

Every individual can be subject to victimization but still there are some special
types of people who are more prone to victimization then other people. “The societal
structure, the economic structure, their independent characteristics are some such

76
ibid
77
Available at http://www.unafei.or.jp/english/pdf/RS_No56/No56_09VE_Fattah2.pdf
78
Ezzat A. Fattah (2000): "Victimology: Past, Present and Future", Criminologie, vol. 33, available
at http://www.erudit.org/revue/crimino/2000/v33/n1/004720ar.pdf
79
Das Debdatta: Legislative and Judicial Development of Victimology in India a Critical appraisal
(unpublished) available at shodhganga.inflibnet.ac.in
80
Ibid http://shodhganga.inflibnet.ac.in/bitstream/10603/79773/2/11_chapter%202.pdf

72
 features which make them more vulnerable than others. They are such individuals
who are subject to lack of power either physically or economically or socially and this
power difference is the primary cause, which leads to subsequent victimization at the
hands of the powerful. Such victims can be grouped as:”81

i. Elderly victims: “With the rise of human rights issues, among various other
issues, concern for victimization of the elders also gained recognition. Abuse,
neglect and financial exploitation of the elders were the main cause behind
such victimization. Such victimization has been categorized into physical,
emotional, neglectful victimization, financial, sexual and self-neglect.”82
ii. Child victims: “Children are the most vulnerable class of victims highly
dependent on others, mainly due the lack of mental maturity and lack of
physical strength. The trauma suffered by them requires a separate treatment
unlike the elders. The juvenile justice system, which is created within the
criminal justice system, rests on the foundation of child centric and child
friendly approach.”83
The National Survey on Children's Exposure to Violence, revealed, “the high
incidence of victimization of children at home, at school, and in
neighborhoods. In India 10,219 victims of child pornography were identified
and 12,537 children were reported to be missing in 2015.”84
This make our Parliament to more concerned about passing the Commission
for Protection of Child Rights Act, 2005.
iii. Victims of sex offences: “Victimization on ground of sexual pleasure is the
most common form of victimization. Ranging from rape, marital rape, and
sexual assault to offences like outraging modesty of a woman are various
kinds of victimization. In the present day context, such victimization is not
restricted to woman. Children and men even are subject to this nature of
victimization.”85

81
ibid
82
ibid
83
Das Debdatta (2014): Ph.d thesis on legislative and Judicial Development of Victimology in
India: a critical appraisal available at http://shodhganga.inflibnet.ac.in/bitstream/10603/79773/2/
11_chapter%202.pdf
84
2015 OVC Report to Nation available at https://www.ojjdp.gov/pubs/250522.pdf
85
ibid at 83

73
iv. Female victims: “Generally female victimization is considered to be restricted
to sex related offences. But the discrimination that a woman is subject to at her
work place, the inequality in wages between men and women, the violence she
faces in the four walls of her matrimonial house, are surely the vast range of
victimization of females. The National Commission for Women in India is the
apex body that works for protecting and promoting the interests and rights of
women. It spreads awareness among women and about women rights, ensures
justice to them.”86
v. Minority groups and weaker sections: “The power difference between the
groups leads to the exploitation of the weaker by the strong. Such exploitation
takes the form of various denials and infringement of rights of the weaker/
minority group. The powerful exert their influence and force on the weaker,
which finally leads to the victimization of the less powerful. So it is very
important that laws and policies are framed keeping in mind the interest and
protection of such category of victims. National Commission for Schedule
Castes aims at ensuring socio economic development and protection of the
Scheduled Castes from victimization. Similarly as per the Constitutional
mandate, the National Commission for Scheduled Tribes looks into the affairs
related to the scheduled tribes and strives to prevent their exploitation and
assure their upliftment. The National Commission for Minorities takes care of
the interest of the minorities of the country.”87

2.7 Theoretical Models of Victimology

The first hand information collected from victims has helped in understanding
the phenomena and has led to the development of various theoretical models of
Victimology. Ezzat A. Fattah has discussed theses different models in his book,
“Understanding Criminals Victimization”.88

Life Style Model: One of the first and most important models explaining the
differentials risks of victimization are the life style model developed by Hindelang,
Gottfredson, and Garofalo. This models explains that, “the whether an individual will
suffer a personal victimization depends heavily on life style. This is not new to use

86
ibid at 83
87
ibid
88
Fatah, Ezzat A,-Victimology, Past, Present & Future , www.erudit-org/revue/crimino/2000

74
lifestyle to explain the variation in risk to an individual. It has been known for a long
time that the probability of accidental death or injury is in many respects related to
people‟s life style and the kind of activities in which they are involved.”89 Further,
“Physician have established the close link between life style and routine activities and
the risk of suffering certain sessions and life threatening diseases such as lung and
skin cancer, cardiovascular ailments, liver Cirrhosis, AIDS, etc. As a manner of fact,
the life style concept permeates the explanations given for higher or lower
susceptibility to a wide variety of diseases. The belief that lifestyle can influence the
probability of victimization by increasing or decreasing people‟s chances of becoming
victims of certain crimes may be seen as a logical extension of this concept to the
social sphere.”90

Routine Activity Approach: “Another explanatory model is the routine

activity approach developed by Cohen and Felso. The focus in Cohen and Felso‟s
approach is on „direct-contact predatory violations‟, which are those involving direct
physical contact between at least one offender and at least one person or object which
that offender attempts to take or damage. They argue that the occurrence of this type
of victimization is the outcome of the convergence in space and time of three minimal
elements: motivated offenders, suitable targets, and absence of capable guardians. The
central factors underlying the routine approach are opportunity, proximity/ exposure
and facilitating factors.”91

“The „Lifestyle‟ and „routine activities‟ models are by no means the only
ones. There is also the opportunity model and Dutch model. The opportunity model
incorporates elements from the previous two and posits that the risk of criminal
victimization depends largely on people‟s lifestyle and routine activities that bring
them and/or their property into direct contact with potential offenders in the absence
of capable guardians. The Dutch model was developed by Van Dijk and Steinmetz
and suggests three main factors: proximity, attractiveness, and exposure as the most

89
Theoretical Perspectives of Victimology and critical Research site www.ojp.usdoj.gov/ovs/assist/
nvaa
90
ibid
91
Kirchhoff, Gerd Ferdinand-perspectives on Victimology- The Science, the historical context, the
present www.restorativejustice.org/articles

75
important determinants of differential victimization risks.”92In an attempt to integrate
the various models, Ezzat A. Fattah 93 has grouped all the seemingly relevant factors
into different categories. These are:

1. Opportunities: “Which are closely linked to the characteristics of potential

targets (persons, households, businesses) and to the activities and behaviour of
these targets.”94
2. Risk factors: “Particularly those related to socio-demographic characteristics
such as age and gender, area of residence, absence of guardianship, presence
of alcohol and so forth.”95
3. Motivated Offenders: “Offenders even non-professional ones, do not choose
their victims/ targets at random but select their victims/ targets according to
specific criteria.”96
4. Exposure: “Exposure to potential offenders and to high-risk situations and
environments enhances the risk of criminal victimization.”97
5. Associations: “The homogeneity of the victim and offender populations
suggests that differential associate is as important to criminal victimization as
it is to crime and delinquency. Thus individuals who are in close personal,
social, or professional contact with potential delinquents and criminals run a
greater risk of being victimized than those who are not. Dangerous times and
dangerous places: The risk of criminal victimization are not evenly distributed
in time or space- there are dangerous time such as evening, late night hours
and weekends. There are also dangerous places such as places of public
entertainment where the risks of becoming a victim are higher than at work or
at home.”98
6. Dangerous behaviors: “Certain behaviors such as provocation increase the risk
of violent victimization while other behaviors such as negligence and

92
Dijk, Jan J.M Van Introducing Victimology-site rechten.uvt.ne/Victimology see also Victimology
Past, Present and Future-Ezzat A. Fattan site www.erudit.org/revue/crimino2000
93
Fatah, Ezzat A,-Victimology, Past, Present & Future , www.erudit-org/revue/crimino/2000
94
Victim and the Law: a socio-legal study (unpublished) available at shodhganga.inflibnet.ac.in
95
ibid
96
ibid
97
ibid
98
ibid

76
 carelessness enhance the chances of property victimization. There are other
dangerous behaviors that place those engaging in them in dangerous situations
where their ability to defend and protect themselves against attacks is greatly
reduced. A good example of this is hitchhiking.”99
7. “High-risk activities also increase the potential for victimization. Among such
activities is the pursuit of fun, which may include deviant and illegal activities.
It is also well known that certain occupations such as prostitution carry with
them a higher than average potential for criminal victimization.”
8. Defensive/ avoidance behaviors: “Such many risks of criminal victimization
could be easily avoided; people‟s attitudes to these risks may influence their
chances of being victimized. It goes without saying that risk-takers are bound
to be victimized more often than risk-avoiders. This also means that fear of
crime is an important factor in reducing victimization since those who are
fearful, for example the elderly, take more precautions against crime, even
curtailing their day and night time activities thus reducing their exposure and
vulnerability to victimization.”100
9. Structural/ cultural proneness: “There is a positive correlation between
powerlessness, deprivation and the frequency of criminal victimization.
Cultural stigmatization and marginalization also enhance the risks of criminal
victimization by designating certain groups as „fair game‟ or as culturally
legitimate victims.”101

2.8 Emerging Trends in Victimology

2.8.1 International Position:

The Declaration of Basic Principles of Justice for Victims of Crime and

Abuse of Power (UN General Assembly, 1985), considered the ‘magna carta’ for
victims, “provides the basic framework of principles which in the last two decades
have been vociferously debated and converted as victims‟ rights by some of the
developed countries. The international standards expected of the countries in the

99
ibid
100
ibid
101
ibid

77
treatment of victims have been elaborately detailed in the UN Handbook on Justice
for Victims.”102

The newly generated interest in crime victims has led to certain trends and policies;
some of them are as follows:

 It is now being realized that “the victims need to be treated with dignity and
respect by the criminal law agencies, viz. The police and the courts.
Often secondary victimization results because of the indifferent and callous
attitude not only of the criminal law agencies but also of the people in vicinity,
hospitals and mass media as well. In the USA and some European countries,
statutory guidelines in the form of “Victims Bill of Rights” are being
provided.”103

 “A victim has hardly any role in the criminal justice system though there is an
increasing awareness now that the victim must be given rightful participation
in the trial. For instance, in USA under the Witness Protection Act, 1982,
victims are to be consulted in the plea bargaining process. In Germany,
compensation is now payable to a victim if the charges are dropped against an
offender.”104

 “Innovative use is being made of certain sentencing techniques like probation

to provide relief to the victims. An offender, in appropriate circumstances,
may be released on probation, if willing to compensate the victim. For
instance, in England, under the Criminal Justice Act, 1982, as amended in
1988, the court must specify the reasons for not making an order for
compensation.”105

 “In certain kinds of situations where the guilt of the offender is clear efforts
are made to bring the victim and wrong-doer together in order to lead them to
agreement or adjustment for the restoration of losses to the victim, there being
a greater potential in this kind of approach rather than the mere punishment of
the offender.”106

102
http://www.ojp.usdoj.gov/ovc/assist/nvaa2000/academy/welcome.html.
103
ibid
104
ibid
105
ibid
106
ibid

78
2.8.2 Position in India

“The police play a pivotal role in victim assistance, as it is the first agency
victims come into contact with after being victimized by a crime. The attitude of the
victims towards the entire criminal justice system will be based on the kind of
treatment the victims get from the police whom they first encounter. Unfortunately, in
India the police are still not oriented to meet the expectations of the victims as per the
UN Handbook on Justice for Victims. The police at the field level who are in actual
contact with the victims in day–to-day crime situations are blissfully ignorant of the
international developments in the field of Victimology and the better treatment
victims deserve from the police.”107

The UN Handbook says “victims have a valid interest in the prosecution of the
case and should be involved at all stages of the proceedings. In practice, the entire
court proceedings protect the rights and interest of the accused, neglecting the
victims‟ interest. Excepting that the victims are summoned to tender evidence in
courts, the various services and assistance to be rendered by the prosecution to victims
are not practiced in the criminal courts in India. With regard to the role of the
judiciary in justice for victims, though judges are by and large sympathetic towards
victims, on many of the requirements, such as separate waiting halls, information
about the criminal proceedings, special services and support, ordering of restitution to
victims, victim participation, victim protection etc. we have a long way to go to
realize victim justice in India.”108

However, in the last decade, “there is greater awareness on the part of the
higher judiciary of the need for a better treatment of crime victims by the criminal
justice agencies at different stages in India and this is reflected in the
recommendations of the different committees and commissions calling for reforms in
the criminal justice system.”109

2.9 Affirmative Action by the Higher Judiciary

 Restitution to Victims: Despite the absence of any special legislation to

render justice to victims in India, “the Supreme Court has taken a proactive

107
Dr. Deipa Singh & Dr. K.P. Singh (2013): Criminology, Penology and Victimology, Bright Law
House, New Delhi
108
ibid
109
ibid

79
 role and resorted to affirmative action to protect the rights of victims of crime
and abuse of power. The court has adopted the concept of restorative justice
and awarded compensation or restitution or enhanced the amount of
compensation to victims, beginning from the 1980s.”110
 Justice for Rape Victims: “Guidelines for Victim Assistance in Bodhisattwa
Gautam v. Subhra Chakraborty,111 the Supreme Court held that if the court
trying an offence of rape has jurisdiction to award compensation at the final
stage, the Court also has the right to award interim compensation. The court,
having satisfied the prima facie culpability of the accused, ordered him to pay
a sum of Rs.1000 every month to the victim as interim compensation along
with arrears of compensation from the date of the complaint. It is a landmark
case in which the Supreme Court issued a set of guidelines to help indigenous
rape victims who cannot afford legal, medical and psychological services, in
accordance with the Principles of UN Declaration of Justice for Victims of
Crime and Abuse of Power, 1985.”112
1. The complainants of sexual assault cases should be provided with a
victim‟s Advocate who has to explain to the victim the proceedings, and to
assist her in the police station and in Court and to guide her as to how to
avail of psychological counseling or medical assistance from other
agencies.

2. Legal assistance at the police station while she is being questioned.

3. The police should be under a duty to inform the victim of her right to
representation before any questions are asked of her and the police report
should state that the victim was so informed;

4. A list of Advocates willing to act in these cases should be kept at the

police station for victims who need a lawyer;

5. The Advocate shall be appointed by the Court, in order to ensure that

victims are questioned without undue delay;

110
http://www.ojp.usdoj.gov/ovc/ assist/nvaa2000/academy/welcome.html.
111
Dr. Deipa Singh & Dr. K.P. Singh (2013): Criminology, Penology and Victimology, Bright Law
House, New Delhi
112
ibid

80
 6. In all rape trials, anonymity of the victims must be maintained;

7. It is necessary, having regard to the Directive Principles contained under

Article 38(1) of the Constitution of India, to set up a Criminal Injuries
Compensation Board. Rape victims frequently incur substantial financial
loss. Some, for example, are too traumatized to continue in employment;

8. Compensation for victims shall be awarded by the Court on conviction of

the offender and by the Criminal Injuries Compensation Board whether or
not a conviction has taken place. The Board will take into account pain,
suffering and shock as well as loss of earnings due to pregnancy and the
expenses of childbirth if this occurred as a result of the rape.

 State Compensation for Victims of Abuse of Power: “As early as 1983, the
Supreme Court recognized the need for state compensation in cases of abuse
of power by the State machinery. In the landmark case of Rudul Shah v. State
of Bihar,113 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. Similarly in Saheli, a
Women’s Resources Centre through Mrs. Nalini Bhanot v. Commissioner of
Police, Delhi Police, the Court awarded a sum of Rs.75, 000 as state
compensation to the victim‟s mother, holding that the victim died due to
beating by the police.”114

 Victims right to challenge bail: In Puran v. Rambilas115and P. Rathinam v.

State116, “the Apex Court interpreted Section 439 (2) Cr.P.C. in a way that the
victim has a say in the grant of bail to an accused. The Court recognized the
right of the complainant or any „aggrieved party‟ to move the High Court or
the Court of Sessions for cancellation of a bail granted to the accused.”117

113
International Issues in Victim Assistance on http://www.ojp.usdoj.gov
114
Dr. Deipa Singh & Dr. K.P. Singh (2013): Criminology, Penology and Victimology, Bright Law
House, New Delhi
115
ibid
116
ibid
117
ibid

81
2.10 Recommendations of Commissions and Committees on Justice to Victims
in India

During the last decade, there has been significant change in the thinking of the
judiciary about the human rights of victims. The concern of the courts and the judicial
commissions and committees about the need to have a law on victim compensation or
a comprehensive law on victim justice has been reflected in their judgments and
reports.

 The Law Commission of India, 1996

The Law Commission, in its report in 1996, mentioned that, the State should
provide assistance to victims out of its own funds,
a) In case of acquittals; or
b) Where the offender is not traceable, but the victim is identified; and
c) Also in cases when the offence is proved
 The Justice Malimath Committee on Reforms of Criminal Justice System
“The Ministry of Home Affairs, Government of India, constituted the Justice
V. S. Malimath Committee on 24th November 2000 to suggest measures for
reforming the Criminal Justice System in India. This committee has given far-
reaching recommendations for improving the status of victims of crime,
including victim‟s rights to participate in the cases and to adequate
compensation. Committee made many recommendations of far-reaching
significance to improve the position of victims of crime, including the victim‟s
right to participate in cases and to adequate compensation.”118 Some of the
significant recommendations include:

1. The victim, and if he is dead, his legal representatives shall have the right
to be impleaded as a party in every criminal proceeding where the charge
is punishable with 7 years imprisonment or more.

2. The victim has a right to be represented by an advocate of his choice,

provided that if the victim is not in a position to afford a lawyer, the State
would provide him with so.

3. The victim‟s right to participation in a criminal trial shall, inter alia,

include:

118
Dr. Deipa Singh & Dr. K.P. Singh (2013): Criminology, Penology and Victimology, Bright Law
House, New Delhi

82
 a) To produce evidence, oral or documentary, with leave of the court and/or
to seek directions for production of such evidence

b) To ask questions to the witnesses or to suggest to the court questions

which may be put to the witnesses

c) To know the status of investigation and to move the court to issue

directions for further investigation on certain matters or to a supervisory
officer to ensure effective and proper investigation to assist in search of
truth

d) To be heard in respect of the grant or cancellation of bail

e) To be heard whenever prosecution seeks to withdraw

f) To advance arguments after the prosecutor has submitted arguments

g) To participate in negotiations leading to settlement of compoundable

offences

4. The victim shall have a right to prefer an appeal against any adverse order
passed by the court acquitting the accused, convicting him for a lesser offence,
imposing inadequate sentence or granting inadequate compensation

5. Victim compensation is a State obligation in all serious crimes, whether the

offender is apprehended or not, convicted or acquitted. This should be
organized in a separate legislation by the Parliament.

6. The victim compensation law will provide for the creation of a Victim
Compensation Fund to be administered possibly by the Legal Services
Authority.

2.11 Amendments to the Code of Criminal Procedure in 2008

In the year 2008, various victim friendly provisions have been included in the
Code of Criminal Procedure by amending it. These provisions are:

 Definition of Victim

The definition of Victim was added in Section 2 (wa), which states that,
“Victim means a person who has suffered any loss or injury caused by reason

83
 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.”119

 Victim’s right to engage his/her advocate

Section 24 (8) gives the victim the right to engage his/her advocate, “provided
that the Court may permit the victim to engage an advocate of his/her choice
to assist the prosecution.”120

 Recording of statement of rape victim under Section 157

In Section 157, a proviso has been inserted after sub-section (1), “Provided
further that in relation to an offence of rape, the recording of statement of
victim shall be conducted at the residence of the victim or in the place of her
choice and as far as practicable by a woman police officer in the presence of
her parents or guardians or near relatives or social worker of the
locality.” “Section 309 (1) after amendment states that the inquiry and trial
should be completed within 2 months.”121

Section 327, “has been amended to the following effect Provided further that
in camera trial shall be conducted as far as practicable by a woman judge or
magistrate. Also that publication of trial proceedings relating to rape cases
shall be prohibited, however, the ban on printing or publication can be lifted,
subject to maintaining confidentiality of name and address of the party.”122

 Investigation within three months in case of Child Rape

Section 173 (1A) provides that, “The investigation in relation to rape of a

child may be completed within three months from the date on which the
information was recorded by the officer in charge of the police station.”123

 Compensation to victims

“Section 357 (1) and Section 357 (3) of Cr.PC. vest power in the trial court to
award compensation to victims of crime whereas similar power is vested in the
Appellate and Revisional Court under sub-section (4). The Court may

119
Dr. Deipa Singh & Dr. K.P. Singh (2013): Criminology, Penology and Victimology, Bright Law
House, New Delhi
120
ibid
121
International Issues in Victim Assistance on http://www.ojp.usdoj,gov
122
ibid
123
ibid

84
 appropriate whole or any portion of the fine recorded from the offender to be
paid as compensation to the victim of crime. This compensation may be for
costs, damage or injury suffered or loss caused due to death or monetary loss
incurred due to theft or destruction of property, etc.”124

Sub-section (3) empowers the court, in its discretion, “to order the accused to
pay compensation to victim of his crime, even though no fine has been
imposed on him.”125

Section 357-A has been inserted in Cr.P.C. after the 2008 Amendment, to
create a victim compensation scheme:

Section 357-A of Cr.P.C. provides that:

1. Every State government in co-ordination with the Central Government, shall

prepare a scheme for providing funds for the purpose of compensation to the
victim or his dependents who have suffered loss or injury as a result of the
crime and who require rehabilitation.
2. Whenever recommendation is made by the Court for compensation, the
District Legal Services Authority or the State Legal Services Authority, as the
case may be, shall decide the quantum of compensation to be awarded.
3. If the trial court, at the conclusion of trial is satisfied, that the compensation
awarded under Section 357 is not adequate for such rehabilitation, or where
the cases end in acquittal or discharge and the victim has to be rehabilitated, it
may make recommendation for compensation.
4. Where the offender is not traced or identified, but the victim is identified, and
where no trial takes place, the victims or his dependents may make an
application to the State or the District Legal Services Authority for the award
of compensation.
5. On receipt of such recommendation or on the receipt of application under sub-
section (4), the State or the District Legal Services Authority shall, after due
enquiry, award adequate compensation after completing the enquiry within 2
months.

124
ibid
125
http://www.ojp.usdoj.gov/ovc/ assist/nvaa2000/academy/welcome.html.

85
6. The said authority, to alleviate the suffering of the victim, may order for
immediate first aid facility or medical benefits to be made available free of
cost on the certificate of police officer not below the rank of officer in charge
of the police station or a magistrate of the area concerned, or any other interim
relief as the authority may deem fit.

The scheme contained in the section is indeed a progressive measure to

ameliorate the woes of crime victims and providing them restorative justice.

“The Code also provides compensatory relief to victims of unlawful arrest or

detention by police without sufficient cause.”126

“Where an accused is convicted of a non-cognizable offence on a complaint,

the court may order him to pay costs to the complainant or in default, suffer simple
imprisonment for a period not exceeding thirty days.”127

 Victim’s right to appeal

Proviso to Section 372 “gives right of a private appeal to a victim, thus

providing the victim with a locus standi, however, the right to appeal against
inadequacy of punishment is available only on two grounds:”128

 If accused has been convicted for a lesser offence, example, he was

convicted for robbery instead of dacoity

 If inadequate compensation is given.

 The victim, however, cannot appeal on quantum of punishment.

2.12 The Criminal Law (Amendment) Act, 2013

“The Criminal Law (Amendment) Act, 2013 is a result of the Justice Verma
Committee Report that dealt in the rape laws and their amendment. This Committee
was constituted in the aftermath of the brutal Delhi Gang rape case of 16th December
2012. The Committee recommended that the gradation of sexual offences should be
retained in the Indian Penal Code, 1860 (IPC).”129

126
Criminal Procedure Code, 1973
127
ibid
128
Criminal Law (Amendment) Act, 2013
129
For details see: Justice Verma Report

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 “The Committee was of the view that rape and sexual assault are not merely
crimes of passion but an expression of power. Rape should be retained as a separate
offence and it should not be limited to penetration of the vagina, mouth or anus. Any
non-consensual penetration of a sexual nature should be included in the definition of
rape.”130

The IPC differentiates between rape within marriage and outside

marriage. “Under the IPC sexual intercourse without consent is prohibited. However,
an exception to the offence of rape exists in relation to un-consented sexual
intercourse by a husband upon a wife. The Committee recommended that the
exception to marital rape should be removed. Marriage should not be considered as
an irrevocable consent to sexual acts. Therefore, with regard to an inquiry about
whether the complainant consented to the sexual activity, the relationship between the
victim and the accused should not be relevant. However, non-consensual sexual act
within marriage is still not made punishable, even though the amount of punishment
has been increased.”131

“The Indian Penal Code (IPC) was amended to provide death penalty in rape
cases, that cause death of the victim or leave her in a vegetative state. The Act also
introduced several other new offences such as causing grievous injury through acid
attacks, sexual harassment, use of criminal force on a woman with intent to disrobe,
voyeurism and stalking."132

In the case of State (Govt. of NCT of Delhi) v. Ram Singh (deceased), Mukesh,
Akshay Kumar Singh, Vinay Sharma and Pawan Kumar, 133 Shri Yogesh Khanna,
Additional Sessions Judge, New Delhi. The court awarded death penalty to the
accused person as the facts showed a brutality of such a nature that it fell into the
category of rarest of rare cases, the entire intestine of the victim was perforated,
splayed and cut open due to repeated insertions of rods and hands. The convicts, in
the most barbaric manner, pulled out her internal organs with their bare hands as well

130
ibid
131
Kerrigan, Gael M,: United Nations Criminology :History , Structure and Prospectus, Cambridge
1984, pp. 9-11; Lopez Rey, Manuel: A Guide to United Nations criminal Policy, Gower, 1985b,
p. 12.
132
ibid
133
ibid

87
as by the rods and caused her irreparable injuries, thus exhibiting extreme mental
perversion not worthy of human condonation. They brutally gang raped the victim,
inflicted inhuman torture and threw the defenseless victims out of the moving bus in
naked condition, profusely bleeding in a cold winter night.”134

The Court further held that, “These are the times when gruesome crimes
against women have become rampant and courts cannot turn a blind eye to the need to
send a strong deterrent message to the perpetrators of such crimes. The increasing
trend of crimes against women can be arrested only once the society realize that there
will be no tolerance from any form of deviance against women and more so in
extreme cases of brutality such as the present one and hence the criminal justice
system must instill confidence in the minds of people especially the women. The
crime of such a nature against a helpless woman, per se, requires exemplary
punishment.”135

Another amendment is the addition of Section 326 A. “Regarding the acid

attacks, the provision clearly states that the fine which is imposed on the convict shall
be such that it is just and reasonable to meet the medical expenses of the treatment of
the victim of acid-attack. Such fine shall be imposed directly on the offender.”136

In the Code of Criminal Procedure Sections 357 B and Section 357 C have
been added.

Section 357B Cr.PC. provides that, “The compensation provided under

Section 357 A shall be in addition to the payment of fine to the victim under Section
3 6A or Section 376D of the Indian Penal Code.”137

Section 357C Cr.PC. provides that “all hospitals, whether public or private,
run by Central Government or State Government, local bodies or any other person,
shall immediately provide the first-aid or medical treatment, free of cost, to the victim
of any offence under Section 326 A, Section 376, Section 376 A to E of the Indian
Penal Code, and shall immediately inform the police of such incident.”138

134
ibid
135
ibid
136
For details see section 326A of Code of Criminal procedure, 1973
137
Code of Criminal Procedure, 1973
138
ibid

88
2.13 Other Enactments Regarding Benefits to Victims

 The Protection of Women from Domestic Violence Act, 2005

“This Act is a major achievement of the women‟s movement towards

protection of domestic violence victims after a struggle of 16 years. This Act
aims to provide for more effective protection of the rights of women
guaranteed under the Constitution. The definition of domestic violence is wide
enough to include physical, sexual, verbal and emotional abuse. The unique
feature of the Act is that it prohibits denying the victim “continued access to
resources or facilities which the aggrieved person (victim) is entitled to use or
enjoy by virtue of the domestic relationship, including access to the shared
household”. A police officer, protection officer or a magistrate who has
received a complaint of domestic violence has a mandatory duty to inform the
victim of her right to obtain a protection order or an order of monetary relief
and other rights.”139

 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

“This is also an innovative law aiming to protect elders and prevent elder
abuse and victimization, which is a growing problem in many countries,
including India. Under this law an obligation is created of the children or adult
legal heirs to maintain their parents, or senior citizens above the age of 60
years who are unable to maintain themselves out of their own earnings, to
enable them to lead a normal life. If children or legal heirs neglect or refuse to
maintain the senior citizen then an order can be passed through judicial
intervention to asking the children or legal heirs to make a monthly allowance
for their maintenance.”140

 Protection of Children from Sexual Offences Act, 2012

This Act has been enacted with a view to prevent of child abuse and
victimization. It makes any kind of sexual gratification from a child
punishable with strict punishments.

139
Protection of women against Domestic Violence Act, 2005`
140
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

89
 Prevention of Caste-Based Victimization and Protection for Victims

“The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989 is an act to prevent atrocities against the members of the Scheduled
Castes and Scheduled Tribes. Under this Act, compensation to victims is
mandatory, besides several other reliefs depending on the type of atrocity. The
victims are entitled to receive monetary compensation ranging from Rs.
25,000 to 200,000 depending on the gravity of the offence.”141

 Motor Vehicles Act, 1988

The victims of vehicular accidents or their legal representatives are entitled to

compensation from the offender under Section 5 of the Motor Vehicles Act,
1988.

2.14 Conclusion

Victimology is a field of information about the victims of crime. It is derived

from two words „Victima‟ and „logos‟ meaning victims and knowledge respectively.
Even the concept of victim justice was discussed in the Criminal Justice system in
earlier period but there was no direct existence of the word „victim‟ has been noticed.
In the present day scenario, victim includes; (i) An individual against whom a crime
has been committed; (ii) Dependents of the victim mentioned in the previous point;
(iii) Any individual who experienced any kind torture/victimization during the justice
delivery process; and (iv) Any individual who experienced any type of abuse of
power as defined in the 1985 UN Declaration. Many studies have considered
victimology as the violation of human rights, some emphasized on the role of victims
of crime and the contribution of the victims in the process of being victimized, and in
the views of some it is the infringement of the rights of weak and marginalized people
etc.

Primarily the feminist movement has triggered the development and growth of
victimology, developments of Human Rights, and organizations related to justice for
victims influenced against uncontrolled emphasize on conservativeness of crime.

141
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

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1940s and 1950s onwards after giving big contribution by many victimologists, the
area of victimology has been emerged as well-developed discipline. Mendelsohn and
Von Hentig gave emphasized n the direct relationship between culprits and victims.
Mendelsohn categorized victims of crime into innocent victim, victim with minor
guilt, victim who is as guilty as the offender, victim more guilty than the offender,
most guilty victim and imaginary victim. And Hans Von Hentig focused on three
wide categories of victims into General Classes of Victims consisting of young,
female, old, mentally defective victims etc. Psychological types of Victims consisting
of depressed, acquisitive, wanton victims etc. and activating sufferer.

As like Mendelsohn and Von Hentig, Schafer has studied the role of the victim
in the crime. The psychological dynamic between offender and victim has been
focused by Ellenberger. The types of victims given by him have emphasized on
responsibility of crime victims. Wolfgang studied about the victim precipitation and
gave many factors e.g. interpersonal relation, small disagreements etc., which are
typical of victim, precipitated homicide. He also gave with five types of victimization,
namely, primary, secondary, tertiary, mutual and no victimization.

Amir in his study of victim precipitated rape, came up with various risk factors
like alcoholism, associated with it. Karmen studied this area, from different aspects
like the dynamics that make the victim vulnerable, how the other stakeholders of the
criminal justice system respond to the victims and aspects of victim restoration.

Mawby and Walklate emphasized on the effect of power and control in the
reasons of victimization. Fattah has dealt with the evolutionary growth of this field.
The modernization in the practical field of the discipline have outshined the impact of
the pure theoretical approach.

These global developments in the domain of victimology have put an impact

on the laws made for dealing with offenders of crime against women and the victims
of these crimes in India. An amendment in the Code of Criminal Procedure, 1973 was
brought in the year 2008 and 2013. This amendment not only includes the definition
of victim of crime but also introduces victim-friendly provisions, which includes
victim‟s right to challenge bail, state compensation for the victims of abuse of power,

91
justice for rape victims, restitution to victims, victims right to engage his/her
advocate, recording of statement of rape victim, investigation within three months in
case of child rape, compensation to victims, victims right to appeal, prevention of
caste based victimization and protection of victims etc. and provisions under
PWDVA, 2005 like; shared household, protection officer, service providers,
counseling, monetary relief.

92