Victimology

Victimology is the scientific study of victims of crime. As criminology is the

science of crimes and criminals. Similarly,victimology is the science of crimes
and theirvictims. The study of victims is said to be anew field. The entire focus of
the criminal justice system is on the offender, to punish him or to seek his

reformation and rehabilitation, the victims of crimes are, on the other hand, 'the

forgotten people in the system.

Victimology seeks to study the relationship between victims and offenders,
the persons especialiy vulnerable to crimes and the victim's placement in the
criminal justice system. Victimology has gained considerable importance due to
the work ofMiss Margarcy Fry of the John Howard Association of England and
theWorld society ofvictimology. However, the dimension, effectand consequence
of crime
on individuals, groups and even nations has always been the subject
of study bycriminologists and international bodies in one form or other
matter

ever since thebeginning of the twentieth century

The United Nations General Assembly in 1985 adopted a declaration. This
of Justice for Victims of Crime and
eclaration is known as "Basic Principles
declaration not only the word a very
AbuseofPower". In this Victim'was given
w
wIde the measures to be taken at international and
coverage but it also spelt out
to justice and fair treatment, restitution,
gional levels for improving access
7. Discuss the meaning and object of victimology.
 176
Criminolog
Compensation, socinl assistance forvictims
oferime and the stepsto be taka
aken t
and the remedies that
prevent victimisation linked to abuse of power should
be d
available to such victims

Main Rensons for Development of Vietimotogy

with the correction and rehabilitatin
Criminology is concerned
criminal more than with his victim.
ft is now felt that very litto
has
been done for the victim.
With the development of criminology better understanding of the cauea
of crimes and impacts of crime has increased the victimoleoi
gical
dimensions of crimne.
Now a days, Interest in victims has increased. The media has given
increased attention to the victim and politicians have responded h
by
to the lot of the now
appearing improve victim.1nere are improved
offer and there are new finde
compensation awards which courts can
availableto the agencies who offer help and support to victims.
The concern for the entitlement and rights ot diverse sections of
it nas
disadvantaged population is growing and contributed for the
increased concern for victimns.

Who are the Victims?

Generally, victimscan be classified into two categories:
) Victims of Crime
(i)Victims of Abuse of Power
The expression 'victim'has to be understood in a comprehensive sense.
According to U.N. Declaration,'Victims'means persons who individually or
collectively have sufferedharm through acts or that are in
omissions of
violation
criminal laws, including those law prescribingcriminal abuse of
power.
In addition to this, the word "Victim' should
not include only the immediate
victim but also the
indirect victims like the family,the
dependents, and the legal
heirs of the
person/group harmed. For example, it pregnancy follows rape, the
unfortunatechild has to suffer
stigma for whole of its life for no fault of its
own.
Persons Vulnerable to Victimisation

(1) Elderly Vietims

Elderly persons in western countries and Indian
livealone and repeated victimisationis metropolitan cities have to
possible in their case. However in Rural
Indiathey live with their children
and do not generallyface and
of Physical Reculiar Problems
insecurity.

(2) Child Victims

Children are also vulnerable to
violence in
In Indiamost ofthe general and sexual abuse in
particular. kidnapped childrenare killed in
their parents refuse
 aTansoUll
he law
law enf
Sexual
abuse, 177
pay by the they need
dling nforcement
special
the crimecommitted againstagencies
the child.may prove to be even because inept
attention

of Sex ffences more

ietims damagn
againstwom
against
women,in
offences
particular serious
Oincreasing
cbe
increasing
everywhere offences such
ve class
his class of victin including in asthat of
victims,
hapsnin
in view of irrespective of
traditional rape,
societieslike
e
deration the emotional age factor, India.
and court deserves the maximum
psychological and maximum
proceedings may be as human
hepolic problems
traumatic as the
totheproceedings, involved.
offence itself which
oneral, the views of the
In
antagonistic variety have
been summed
llows: up as
The
() sex victim does
notbenefit from and
degradation by reporting her only stands to suffer
further
with the prosecution of victimisationto thepolice and
the case. cooperating
(2) Nothing is lost by not
reporting the victimisationto
the criminal justice the because
system is grossly ineffective police
in
successfully prosecuting, or even apprehending,
incarceratingdangerous sex criminals.
(3) Psychiatry, the behavioural
and social sciences and
the "helping"
professions have nothing to offerthe
female victim of sex crimes.
do not know how to They
protect her by sex offenders and
rehabilitating
they do not know how to treat her as a victim.
(4) The best therapist for the female sex
victim is another victim.)

()Female Victims
InWestern societies,the issues
regarding criminality againstwomen generally
pertain to and are confined to sexual offences but in the Indian
setting, women are
arposed to gang rapes by policemen and dominant caste groups,sati,
wife-beating,
and even occasional witch-hunting.Legislation exists and is reinforced
prOstitution

rom time to time to meet the challenges posed by some of the abovementioned
but effective enforcement of the laws is not forthcomingsthe defective
naladies

gislation being only

a marginal cause in the overall socio-political milieu of the
ountry. Crimes against women, particularly
dowry deaths, are increasing at a
apidpace.
Indiaare directly to their inferior
Most ofthecrimes againstwomen in
traceable

social values and ideas based on religion,

dSubservient status as sanctified by
have occurred a change among small sections
Or
Tea
imagined. While there might
in perceptionis, however,
Ctheelite ar
and truly
no
educated persons, genuine change
iscernibleamong themasses as regards
their traditional attitudes towards
women
Politicisation in certain situations
and role and status in the familyand society.
their for instance, may not be a common
only urther the situation. Sati,
aggravates the fairly recent sordid episode of
societybut
Omenon in our contemporary
178
Criminology
into focus some very disturbing features
Deorala has brought regarding
the plight ofHindu widows.
It also manifested
the Women
lot, especially completegrip
religious sanctions on
theoutmoded and, sometimes, imagined of
even the so-called educated peonle tal chun
substantial
ofthe population, including chunks
m
of some of the politicians and police force marked
apathy and
indifference

ital issuesinvolved
in such criminal argo
situations. The virtues of satiregarding cert
re
illiterate persons alone
but even the noted art notextolled
by villagers and
views about the practiceAnanda
Coomaraswami has expressed laudatory sati.
ofsati and equatesher
significant He
considers the sacrifice spiritually
tha
to self-interest or a merelvpatriot
who "must be unmoved by an appeal patriot

Dr. P.V. Kane, the noted scholar,also has utilitarian

demonstration of
futility".
Deorala episode,the Shankaracharya of Kanehson onthethe
same lines. Following the
for the act of the sati. The editor of
his appreciationand sympathy national
lindi
a leading article supporting the "sati practice
daily, Jansatta wrote
and in-laws ofthe hapless
Dowry deaths caused by the husbands women wh
are unable to fulfil their husband's or in-laws unreasonable expectations hatod
on greed and avarice, are quite often given the colour of suicide. Despite some

)
well-meaning legislation to help theprosecution,
it is necessary to secure
conviction
of the offenders in a majority of the cases.
otendeo
Minority Groups and Weaker Sectionstton
Members of the ethnical, religious or linguistic minorities in pluralistic
societies may be especially vulnerable to crimes. In conflicts resulting from
socioeconomic imbalances and political factors,they are generally the worst
sufferers. The phenomenon is almost universal
and a typicalexample is provided

by India where communal strifes owing to a variety of causes, pose a perennial

riots occur each year in the country
problem. A number of caste and communal
destruction and looting of property on a large
leading to the murder, rape and
and
scale in which the main sufferers obviously are those belonging to minority
weaker sections and this is irrespectiveof the fact as to who was responsible
for

action 1s
any administrativeor legal
the flare-up in the first instance.Hardly possiDie

or even tried in situationsinvolving a large number of persons and, paradoxical a

it may sound, the greater the tragedy, the lesser is the possibility of the protectio1

crimes.
or the victims and of
punishment to the perpetrators of the ghastly

Role of Victims
and
Von Hefting made the first ever study of the role of victims m ed as
found some general characteristics among them which may be sun
follows:

1. The p0or and ignorant immigrants and those who ac requisitive

greedy are the victims of offences involving frauds.

or sleeping
2. Quite often, the victims of larceny (theft) are intoxica
intoxicated
persons.
 ed or
depres apathetic
The
ning posts and is
is
person is avictim 179

indifferent to because he is
Censual
orS. harm or
persons may 'deprived
Wanton become injury in
victimsdue prospect.
by themselves, to
and
and heart
heart situations
caused
A lonesome broken
use ofthe loss of criticalperson may become
al clas faculties in
general class of him. especially vulnerable
victims',Von
Ahenthementally defective and Henting includes
the
and the deranged, the young,
yold, 'dull females,
groups intoxicated,
normal immigrants,members
ninority
in
Participation Crime
etim
felt that a person who

tis his
es by his own acts of
suffersthe
hands of a
harm at the

netin. omission, wrong-doer,

WTOng-doer
the wrong-doer to commission or
pts commit the negligence inducesor
crime.Thus
place may induce a snatcher or careless
exhibition of at
money
fo keeping watches,
publie robber to rob
the victim.
bit jewelleriesand other Similarly, the
dhe still in valuables in and open drawer or
window presence of others,
altin thefts, which particularly domestic
perhaps would not have servants, may
sult
a been committed
Lnefashion provocatve otherwise. In the
displayofmaterials may, at
least in an offence of times, result ifnot in
rape,
outraging female modesty.
(oan, Jewel Tehft Case of
Similarly, in the famous Aga
France in themiddle
ofthis centuryinvolving a loss of
50.000,it was a pertinentquestion of
display of the jwellery before
d not contribute towardsprecipitation ofthat heinous crime greedy eyes
though the
eader could notbe blamed for wearing his
spiritual
jewellery in public. Such acts definitely
onstitute temptation and go directly against the tenor
of Biblical preyer "Lead us
otto temptation".
Now a question may arise asto what should be the net effect
of this criminal
ictim relationshipin determining the liability of the criminal, the victim
and
he state. So far the criminal and crime are concerned,it is trite to say that
his

the doctrineof contributory negligence has no application in the field of criminal

be held for his criminal act. But
aw and therefore, he must scarcely responsible
of the be taken into consideration
Ccontributory negligence victim can certainly
in resisting a claim for compensationor in reducing the quantum ofcompensation
on the principle that such a plea would always held
for the victim of crime
is
As regards the State concerned,its responsibility
in tort.
tenable in an action
to rehabilitate both the
victim
and
the
criminal remains,
more or less the same
where it pays the victim first out of its own funds and then
except in the case
the amount irom the offender
on the basis of the victim's right of
tries to recover
of subr.
brogation. In such a situation the position of the State
action in tort by way
is that of the victim and,therefore, if there is contributory
a-vis theoffender
on the part ofthe victim. The too has to be satisfied with a
State
ligence mpensation
to com from the offender or no
d amount compensation at all
au a ofcourse, on the facts and circumstances of the case. Of late, however,
depending.
 180
so much ground that the Criminology
state has gained
the coneept ofwelfare denied even in some me tortuous benefit
is novw being
tortuohefit of
contributory negligence maximum claimin
or tegive him the amount of co
co
order to protectthe victim Motor Vehicles Apentari
sections 140-144 of the Act, s
npensatio
under the law As under wvhen the a wel1988 Tis
to remember that
even state, especially
also necessary fare
of the victim by way of suborgation and state,
the shoes
steps into the side of the victim, it cannot an isno
no
at all fhom ffordto
contributory negligence
a compensation that would prove the
tothe
too harsh or vindictive extracting
in

or hinder his rehabitation

in society. to
the wrongdocr

Problems of the Victims

victims of crime are multifarious
The problems faced by the
The death of the bread winner ofa f
1.Economic strain ofthefamily:
în the gross family disorganisation.
This is becase nly
in a crime will result
from any recognised Durce.
no guarantee for getting adequate compensation
2 Changes in social role
of dependent: Sometimes the old parents of s
victim arecompelled to earn money,
vocationalexperience has to try
sometimes the victim's wife with no pre
to earn money.
s
who suffers physical disability sed
3.Frustration and suicide: The victim
a burden and liability to his own famil
as a result of victimisation may become
too occur,which become the
Inferiority and defeatistmentalityofextreme degree
source of frustration and suicide.
4. Social stigma: The victim of sexual crimes become
the object of social

victim falls prey to social degradation. It also

stigma. The whole family of the
in the rape victim family
causes the problem of marriage ofyounger generation
5. Emergence of criminal behaviour: As crimes are committed as a result
of various pressures, stresses and strains, a criminal may be the victim of
circumstances who has lost control and has committed crime.
10
Compensation to the Victims of Crime,

1. Historical Perspective: An Indian Viewpoint

In the earlystageofcivilization, was the only aspect ofpunishment
retribution

which was taken into consideration. The law was designed to compensate the
and not to punish the offender, the state playing the role of an artIurdo
victim

8 Victimsin CriminaiJusticeSystem in India have been relegated to the staus

of witness only. However some decisions of Apex Court have provideo u
hope to both groups i.e., victims of crime and victims of abuse Or po
Critically analyse
the legislative and judicial trends in favour ot viu
India.
are al take d
9. Compensation Jurisprudence with respect to victims of crime
off stage in India. Discuss the existing legal regime and judicial
o
this respect.
10. Anlayse the role of judiciary in Victim Compènsation.
 ity
Cri
ale
the injured
injured person 181
etime compounded the
offence for
substantialmoney
menm
Narda er
inorde
nrobably
was
to
probab) first to
recommend
explate his sins. compensation to the
der when a citizen
inhen ci Kautilya, in his
suffers,both classic
victims by the
that ruler
rds and the work'Arthashastra
thevictim community were
holp supposed
case for restitutic
rrestitution to victims
he ofcrime
The of the criminal who rested
inflicted the primarilyon two
two obligations:
hligtation of
obligation of the
the. state who harm obligations:
failed to against person or
an obligation protectthe victim. property
n SOciety,
societ thestatehas
and
10nodern has taken over theassumed theresponsibility to
exclusive
right to
protect its citizens
crccepts no punish offenders.
acco responsibility for injury to However,
Sa
state
a subordinate position in thepresent
the victim.
Though retribution
day administration of
UpIes
on is even
now the criminal
mainspring of criminal law. justice,
motio

Modern Concept of Compensation

state having failed to
give protection to its
to citizen, should take the
nsibility rehabilitatethe victim by
spons making adequate compensation forloss
,especially
especially
which the offender is unidentified
fered, or is so indigentthat
antial can be recovered from him
nothing
by way ofreparation. This view reflects the
dings of
of crim
criminologists, social thinkers and
lings jurists taking into account the
elopment
of the concept of welfare state.

Anumber ofthe countries of world have introduced a scheme ocompensation

wictims of crime, but the position in India does not
appear to be satisfactory
ugh there areprovisions in a number of for
Acts payment ofsome compensation
the victim either by the trial court or by a specially set up claims tribunal.

gislative Initiativesanib
Constitution
3
of India recognizes victim justice in India and secures it

by Articles 21, 32, 226, 227, 39A.

The legislationdealing with the compensation to the victims of crime
has been incorporated in the CrPC 1973 section357 of the CrPC 1973
1s main provision dealing with compensation to crime victims. Sub-
the
section 1) provides when a court imposes a sentence of fine or a
sentence (including the sentence of death) of which fine forms a part
the whole or part of
court may, when passing the judgement, order
ne in defraying the expenses properly
which recovered to be applied (i)
in the payment of any person
Incurred in the prosecution; (ii)
offence, when
Compensation for any loss or injury caused by the such person
the court,recoverable by
Compensatíon is, in the opinion of
is convicted of any offence for
Civil court; (ii) when any person
having caused the death
of another person or of having abetted the
in paying compensätión to theperson
Commission of such an offence,
182 Criminolo
1855 entitled to recove.
Accident Act,
who are under the Fatal
for the loss resulting to them from
from the person sentenced su
is convicted ofaany offence which in
death; (iv) when any person
criminal breach or trust orcheati
theft, criminal misappropriation, or of having vol
received or retained,
of having dishonestly or
bluntar
of stolen property knowing having reasn
assisted in disposing
be stolen in compensating any bonafide Durcha
believe the same to
of such property, for
the loss of the same
if such property is e
stor

the entitled thereto.

to the possession
of person
to cases where no fine was imposed as part
Sub-section (3)applies
sentence, and accordingly,
the compensation that the court can 2w
limited to the amount of fine imposed
under this section is not
be made to the person who has actua
recovered. The order may
for which the accused has been sentence
suffered any loss or injury
the following: (1) Whenever any perso
Section 358 of CrPC provides
causes a police office
to arrest another person, if it appears to t
for causing such arres
there was no sufficient ground
magistrate that
not exceeding one hundre
the magistratemay award such compensation
the person so casting the arrest to the person
rupees to be paid by
loss of time and expenses in
the matter, as the
arrested, for his magistr
thinks fit, (ii) In such cases, if more persons than one are arrested, t
in like manner award to each ofthem such compensati
magistrate may,
thinks fit, and
not exceeding hundred rupees, as such magistrate
this section may be recovered if
All compensation awarded under
were a fine, and if it cannot be so recovered the person by whom it
sentenced to simple imprisonment for such terms n
payable shall be
as the magistrate directs, unless such sum
exceeding thirty days
sooner paid.

Under Section 359 CrPC when any complaint of non-congnizab

ofence is made to a court, the court may on conviction of the accuse
cost
order him to pay to the complaint, in whole or in part, the incur
him in the in addition to the penalty imposed up
by prosecution,
them.
the
Section 250, 303 and 304, CrPC, 1973 seeks to protect v
justice in India.
cOu
Section 5 Probation of Ofenders Act, 1958 provides tha
the release of an offender under section 3 or 4 oftheAC
ma
directing
if it thinks fit make at the same time a further order direc
him
pay such compensation as the court thinks reasonable fortne
injury caused to any person by the commission of an ofence

Sections 140-144 and 161-163 Motor Vehicles Act, 1988 provid

ofthe po
for the award of compensation to the injured or the deceaseu
 183
The Workmen's
Compensation Act, 1923
compensation for injury by a scale of
provides a or
accident.
There are
There hemefor
are scho
1t be said that thecompensation
must law
under Indian
Railways Act, 1890.
ilways Act, 1890.
contained in new
357 CrPC 1s progressive sub-section (3)of
piece of section
ithas recognisea the legislation in that for the first
philosophy of time
victim of Crime even when no compensation simpliciter to
sentence of tne
fine is
no compensation could be awarded imposed. Previousiy
unless
substantive sentence of fine
was passed and then too the
compensation was limited only to the
extent of the fine actually realised.
The other provision are connected
with Section 1A Fatal Accidents
Act, 1855, sections 88, 88A and 90 of Factories
Act, 1948, section
12(a) of the protection of Human Rights Act, 1993 etc.
Sections 114A, 113A and 113B of The Indian Evidence Act, 1872

creating presumption in the favourof victims are examples of legislative

initiatives for securing victim in India.
justice

The committee on Reforms of Criminal Justice System (The Malimath

Committee), 2003 has made recommendation relating to reorganizations right
to

etc., in criminal trial.

be impleaded, participation,information,Compensation

Judicial Initiatives
the Supreme Court has taken significant strides
Appellate Court, particularly
The judicial initiatives forthat two distinct categories
in the area of victimjustice.
in the light of the following notable
cases and their
of victims can be analysed

holdings.
of crime criminal process.
(a) Evolving victims
friendly
of investigation
at the time of consideration
i) Right to be heard (1985)2SCC 537,
v. Commar ofPolice
Singh
report. Bhagwant SCC 714.
U.P.S.E. v. S. Papiah (1977) 7
examination:
harassment during cross
(i1) Duty
ofcourt to protect victim
(1996) 2 SCC 467
State v. Gurmit Singh
of victim at the time of sentencing:
of the interest
(ii) Consideration 2 SCC 467
v. State (1994)
Bheru Singh under section 357(2): Harisingh
to get compensation v. State
(iv) Victims right 4 SCC 551; Jacab George
v. Sukhbir Singh
(1988)
v. State (1995)
2 SCC 486:
Singh
(1994) 3
SCC 430: Baldve 6 SCC 462.
v. State (2002) Delhi
Rachpal Singh of victims of rape to get compensation:
of India (1994)
(v)
claim
Special Forum v. Union
woman's v.
Bodhisatva Gautam
Domestic Workinginterim compensation:
to get to
to compensation
SC; Right (1996) 1 SCC 490;
90;Right
Right
Board v. Chandrima
Chandrima
Shubhra Chakraborty Chairman Railway
Railway
national:
even to foreign
Das (2000)
2 SCC 465.
184

Criminolog
for blameless
(vi) Right to compensation victimization:
on: Statev.
State v

(1995) 2 SCC 486.

Singh Ajaib

0e (vii) Convict responsible forcontributing victim compensation

out or
State of Gujrat v. High Court of Out of
prison earnings: Gujrat (1998
7 SCC 392.
(b) Evolving Constitutional Compensatory remedy for victims ofahu
power: Rudul Shah
v. State (1983) S.C.; Nilbati Behro seof
(1993) 2 SCC 476.
Inder Singh v. State 3
(1995) SCC 702 Sate
Trevedi (1995) 4 SCC 602;
D.K. Basu
oS.s. v. State (1997
SCC
416.

Victim Justice in India

Evaluating
understood in limited sense an aspect
Victimology still
as ofsentencing
rather than a concept that ought to permeate other processesof Criminal

) Justice Administration.

) recognize victim
Near absence of legislative initiatives to interest with
the Criminal Justice Administrations.

Whatever little legislative and judicial initiatives are visible they

are
with or no
mainly concerned with compensatory justice,
little
recognition

of restitution, assistanceneeds.
Boards makes the task
iv) The absence of State Compensation of
difficult to administer.
compensation from resource-less aggressorsvery
(v)Thus, so far we have made very little headway in the direction of real
victim justice.

CASE LAW
Rudal Sah v. State ofBihar AIR 1983 SC 1086 is an admirable example of
exploitation of criminaljudicial process in recent history. Which came before the

Supreme Court for reparation. The petitioner was detained illegally Ranchi jail
in

for 14 years after his acquittal in full dressed trial. The Supreme Court recognised
the petitioner's right to claim in writ petition compensation for illegal detention.
the petitioner the court awarded a total sum of Rs. 35,000 0y
While releasing
by
way ofcompensation. It was the first case in which compensation was awarded
the writ court.
as
R. Gandhi v. Union of India AlR 1989 Mad. 205, can truly be considered
a legal landmark. This is probably the firstjudgment in which the governmen
been ordered to pay compensation for state inaction. In this case the Madras Hign
as
Court has directed the State Government to pay Rs. 33,19,033 ascompensation
Sikhsain
recommended by Coimbatore District Collector to those families of
who were the victims ofarson and rioting wake ord
in the
othersin combatore,
The Court
assassination of the former Prime Minister, Mrs. Indira Gandhi.
that these unfortunate victims of arson and violenceare entitled to seek reasouaable
 11y ana
Criminaly and Victin
VIctimity
Female
from the
ation fromth stateof 185
1sation Tamil
and legal Nadu which has
c
their
D.K.
,
pompensati
rconstitutional
Basu v. State
rights.

(1997) 1
nreme Court observed
SCC 416, it was a
failed in its
duty to protect
protect

case of custodial
ich Supreme that custodial death in
iety governed death is
lized societ by the rule oflaw and perhaps the worst crimes in
the state for such acts. even directedthat
by nsation
paid compensation
State of Gujrat v. High
Court of
ourt held thatvictim
areme Cou
Gujrat (1998) 7 SCC 392.In this
ofcrime or his case
m
Supreme
from
the wages earned in
prison by the
family member canbe
of the
compensated
compensated
at
thatappropriating
appropriat
a portion of perpetrator
wages earned by the
crime. Further, it held
me comes within the scope of section prisoner for the victims
ctims ofhis
357 CPC, 1973.
Rachhanal Sinal