UNIT – V

VICTIM REDRESSEL MECHANISM

Crimes affect a large number of victims who suffer physical, social and financial or
emotional injury or harm which needs to be promptly addressed by providing them easy
access to justice.
Victimology is primarily concerned with the study as to
a) why people fall a victim to crime and
b) how they can be helped and assisted
against abuse of power or criminal acts of offenders - through access to criminal justice
system.
Definition of Victimology
Antilla (1975) defines “Victimology studies by logical, sociological, psychological and
criminological aspects about the victims and brings into focus the victim-offender
relationship and the role played by the victim in the occurrence of the offence”.
Drapkin and Viano (1974) defines “Victimology is the branch of criminology which
primarily studies the victims of crime and everything that is connected with such are victim”.
Thus Victimology is the scientific study of victimisation including the relationships between
victims and offenders, the interactions between victims and the criminal justice system – that
is , the police, the courts, and correctional institutions. It also includes connections between
victims and other social groups and institutions such as the media, business and social
movements.
Victimology is not restricted to the study of crime-victims alone but it may extend to other
forms of human right violations that are not necessarily crimes.
Historical Perspective
The orgin of victimology can be traced back to 1940’s when founders of this branch of
knowledge notably Mendelsohn, Von Hentig and Wolfgang initially used this term as ‘victim
precipitation’ to mean ‘hapless dupes who instigated their own victimization.
However, the term ‘victim precipitation’ invoked criticism by feminists by 1980’s and the
term ‘victim’ was interpreted in a more wider sense to include ‘anyone caught up in an
asymmetric relationship or situation’. ‘Assymetry’ connotes anything imbalanced,
exploitative, parasitical, oppressive, disturbing, alienating or having inherent suffering.
Thus in the modern sense, the concept of victimology includes any person who experiences
injury, loss or hardship due to any cause. The term may be used in many forms such as
accident victims, flood victims, famine victims, tsunami victims, blast victims, cancer victims
and so on. The common element in all of them is some kind of suffering, injury or harm
caused by forces beyond victim’s control.
Development of Victimology
Early works
Writings about the Victim appeared in many early works by criminologists such as Beccaria
(1764), Lombroso (1876), Ferri (1892), Sutherland (1924).
1940’s
Victimology has been accepted as a part of criminology only during 1940’s. Benjamin
Mendelsohn and Hans Von Hentig were called as “Fathers of Victimology”. They began
studying crime victims. They suggested the theory that victim’s behaviour and attitude caused
the crime to be committed. Hentig stated that victims of crime fall as a easy target to the
crime because of their own carlessness.
‘Penal Couple’ Concept
Some victimologists have projected a view that when a crime takes place, it has two partners.
i) Offender
ii) Victim
It was stated that the victim provides an opportunity to the criminal to commit the crime. The
victim is thus a participant in the ‘Penal Couple’ and therefore, he should bear some
responsibility for the crime. But this view which is similar to ‘Victims precipitation’ has not
been accepted by most victimologists and stands completely discarded in the modern
victimological studies.
The term ‘Victimology’ was coined in 1947 by Benjamin Mendelsohn. It consists of two
elements, one is the Latin word ‘victima’ which means victim and other is the Greek word
‘logos’ which means a system of knowledge, the direction of teaching, science and a
discipline.
1950’s
Redressal of victims took a prominent place during this period. Victimology is not restricted
to the study of victims of crime alone but includes other form of payment of compensation to
violations.
In 1957 – Margery Fry proposes ‘Victim Compensation’ in London Times.
In 1958, Marvin Wolfgang opposed the theory of ‘Victim precipitation’ which means victim
blaming. He believed the phenomenon ‘Victim Facilitation’. The idea behind this is to study
the elements that make victim more accessible or vulnerable to a crime attack.
1960’s
The 1960’s saw the focus of victimology researchers shift to the rights of crime victims.
The Civil Rights Movements and Feminist Movement helped to draw social and political
attention to the fact that crime victims were not treated fairly in the criminal justice system.
In 1963 – California is the first State in USA to start Victim Compensation.
1970’s - Universities offered courses in understanding victimisation.
1980’s
The UN Declaration of Principles of Justice for Victims of Crime and Abuse of Power was
formulated. It identified the following areas
a) Access to Justice and Fair Treatment
b) Restitution
c) Compensation and
d) Assistance.
The European Forum for Victim’s services in 1996 issued a statement of the Victims Rights
in the process of criminal justice.
The Council of Europe Recommendations on Assistance to crime victims were adopted on
June 14, 2006.
Victimological Developments in India
Crime Victims right was not recognised in India until 1994.
As a result, the Law Commission of India in its 154 th report on the Code of Criminal
Procedure in 1996 devoted an entire chapter to ‘Victimology’. It emphasized victim rights in
criminal cases. One universally recognised method of protection of victims is the
compensation to victims of crime.
Section 357 and 357A of the Code of Criminal Proceudre 1973 – relates to the compensation
for crime victims. But the award or refusal of compensation is mainly left to the discretion of
the Court. Besides, there are several limitations as these provisions can be invoked only upon
conviction of the perpetrators of crime, that too depends at the discretion of the court subject
to financial capacity of the accused.
In Re, State of Assam and two others PIL Suo Moto No.26210 (2013)
It was held that compensatory law should be reviewed and expended to provide that interim
compensation could be paid to the victim at the earliest, irrespective of stage of enquiry or
trial, either on application of the victim or suo motu by the Court.
Justice Malimath Committee Report (2003)
In its report, it suggested that the right of victim to appeal against the order passed by the trial
court should be further extended and the right to appeal against acquittal to the High Court
should not only be limited to the prosecution but should be available to the accused as well,
where prosecution declines to file the appeal.
S.372 of Crpc (Amendment)Act, 2008 states that the victim need not approach the
prosecution for its consent or approval to file an appeal against the acquittal of the accused. A
new section S.357A was inserted in 2008 which provides for compensation to victims of
crime and protection of their constitutional rights.

Victim Definition

Typology of Victims
Hans Von Hentig (1948) carried out the work of Mendelsohn (1937) further and classified
victims into 5 main categories. They are
i) The innocent who fell as a victim to a crime being in the wrong place at the
wrong time.
ii) The depressive type – who are easy target, being careless and unsuspecting. They
mostly contribute to their own injury (Victim Precipitation or Victim Blaming).
iii) The greedy type who are easily duped because of craze for money and easy gain.
iv) The ‘wanton type’ – who are particularly vulnerable to stresses of life such as
juveniles, pregnant women, prostitutes etc
v) The tormentor type who are the victims of attack from the target of their abuse
such as battered women or those in living-in relationship.
The Canadian Criminologist Abdel Fattah has classified victims into 5 main categories.
i) Non Participating Victims:
They are those who are completely innocent. For eg, Foeticide – a crime against being born
which is punishable under S.315/316 of IPC.
Infanticide – Crime against unborn child
Geronticide – Killing of one’s father or mother to get rid of them because of their advanced
age.
ii) Latent Victims:
Those victims who are fallen a prey to a crime. Eg. Blackmailing affects several victims but
they don’t feel its impact or evil effect.
iii) Provocative Victims:
Victims of dowry death who are provoked by the offender to commit suicide
iv) Participating Victims:
Eg. Crimes like Sati, Prostitution, Cyber Crimes etc
v) The Defiant or Retaliating Victims
Victim retaliates to the extent possible that the crimes are not committed by the perpetrator
but eventually fails in his effort to avoid the occurrence of crime. Eg. Rape, Robbery etc
GENERAL CLASSIFICATION OF VICTIMS
Victims of Abuse – Relevant Case Laws:
SAHELI vs Commissioner of Police Delhi (AIR 1990 SC 513)
Neelabati Behera vs State of Orrisa, Sheela Barse vs Union of India, DK Basu vs State
of West Bengal.
VICTIM COMPENSATION
Compensation:
The term ‘Compensation’ is derived from the Latin term’compensatio’.
Compensation is something given as an equivalent to loss, injury or suffering.
Indian Criminal Justice System for the Redressal of Victims
Indian Constitution
The Constitution of India guarantees certain fundamental rights to all citizens. Criminal Law
is dealt under Seventh Schedule List III – Concurrent list of the Indian Constitution.
Article 21 states that ‘no person shall be deprived of his life or personal liberty except
according to the procedure established by law’.
Rudal shah vs State of Bihar AIR 1983 SC,
This was the first case in which compensation was awarded by writ court.
Compensatory relief to Victims
 The legislative framework regarding compensatory relief to victims of crime in India can be
traced to the Code of Criminal Procedure, The Probation of Offenders Act 1958 and the
Motor Vehicles Act 1988 also contain provisions for award of compensation to victims of
crime.
Besides this, victim compensation can be found in the form of decisions of supreme courts
while interpreting fundamental rights or directive principles of state policy or Articles 32, 136
and 142, in which the court directs the payment of compensation to victims of crime.
In Khatri vs State of Bihar (1981) 1 SCC 623
It was held that a court has a legal duty to award compensation to the victim of crime
irrespective of conviction or acquittal of the accused.
Even when the State fails to identify the accused or fails to collect and present acceptable
evidence to punish the guilty, the duty to award compensation remains unaffected. Such
compensation has to be paid as a Public Law Remedy with reference to A.21 of the
Constitution.
Compensatory Provisions in Cr.PC
Chapter XXVII of CrPC - S.357 (1) & (3) vests power in trial court to award compensation
to victim of crime whereas similar power is vested in Appellate court or by High court or
Court of session under subsection (4).
S.357 (1) – Compensation ordered to be paid 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.
S.357 (3) – Empowers the court to order the accused to pay compensation to victim of his
crime, even though no fine has been imposed on him.
CrPC Amendment Act 2008 with effect from December 31, 2009
S.357A Victim Compensation Scheme was inserted in the CrPC Amendment Act of 2008.
The scheme contained in this section is a progressive measure to tackle the woes of the
victims of crime and provide them restorative relief.
S.357A (1) – Every State Government in co-ordination with the Central Government shall
prepare a scheme for providing funds for the purpose of compensation to victim or his
dependents who have suffered loss and who require rehabilitation.
S.357A (2) – Whenever a recommendation is made by the Court for compensation, the
District Legal Service Authority or the State Legal Service Authority shall decide the
quantum of compensation.
S.357A (3) – It the trial court thinks that the amount of compensation awarded under S.357 is
not adequate, it may recommend for compensation.
S.357A (4) – Where the offender is not traced or identified, but the Victim is identified and
where no trial takes place, the victim or his dependents may make an application to the State
or District Legal Services Authority for award of compensation.
S.357A (5) – On receipt of such application, the State or District Legal Services Authority
shall after due enquiry, award adequate compensation by completing the enquiry within 2
months.
S.357A (6) – The State or District Legal Service Authority, to minimize 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 the Police officer.
S.357B – Compensation to be in addition to fine under S.326A or S.376D of IPC – Inserted
by Criminal Law Amendment 2018
The compensation payable by State Government under S.357A shall be in addition to the
payment of fine to the victim under S.326A (Acid Attack) or S.376D (Gang rape)
In Laxmi vs Union of India AIR 2015 SC 3662
In this Acid Attack Victim Case, the Supreme Court held that besides the treatment being
made available to acid attack victims in the Government Hospitals, the private hospitals
cannot refuse to treat such victims instead provide all medical facilities including availability
of medicines, bed, food etc to the victim. It ordered a minimum compensation of 10 Lakh rs
to be paid to the victim.
S.357C – Treatment of Victims – Inserted by Criminal Law Amendment 2018
All hospitals, public or private, whether run by the Central Government, the State Government, local
bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost,
to the victims of any offence covered under section 326A, 376, 376A, 376AB, 376B, 376C, 376D,
376DA, 376DB or section 376E of the Indian Penal Code, and shall immediately inform the police of
such incident.

COMPENSATION UNDER PROBATION OF OFFENDERS ACT, 1958

S.5 of the Probation of Offenders Act 1958 states that the court directing the release of
offender under S.3 or S.4 of the Act, can order the accused to pay the compensation to victim
for the loss or injury caused , as also the cost of the proceedings.
COMPENSATION UNDER MOTOR VEHICLES ACT, 1988
S.5 of the Motor Vehicles Act, 1988 states that the Victims of Vehicular accidents or their
legal representatives (in case of death of victim) are entitled to claim compensation.
Compensatory Relief to Victims – Judicial Trend
The apex court have played a dominant role in assuring compensatory justice to the victims
of crime.
Landmark Judgments of Supreme Court ensuring Restorative Justice to Victims of
Crime.
These Judgments reflect the growing concern of Judiciary to protect the rights of victims.
In Rudal Shah vs State of Bihar AIR 1983 SC 1086
The petitioner Rudal Shah was arrested for the murder of his wife. After serving his sentence
he was acquitted by the sessions court in Muzaffarpur, Bihar on June 3, 1968. But however
he was released from Prison on October 16, 1982. (for 14 years he was illegally detained).
It was held that a person is entitled to compensation for the loss or injury caused by the
offence, and it includes the wife, husband, parent and children of the deceased victim. As a
temporary remedy the State must pay compensation of Rs.30000 to the petitioner and he can
proceed with the law suit against the State to claim proper damages.
In Bhim Singh vs State of J&K AIR 1986 SC 498
The appellant was a Member of J&K Legislative Assembly, He was arrested by the police
while on his way to attend the Assembly session. He was arrested with a malicious intent and
was detained in police custody to prevent him from attending the Assembly session.
The Court directed the State to pay compensation of Rs.50000 for the violation of his legal
and constitutional right.
In Nilabati Behera vs State of Orrisa (1993) 2 SCC 746
The petitioner had claimed compensation for the death of her 22 year old son in police
custody.
The State Government on behalf of Police contended that the deceased had escaped from
Police custody and he was run over by a train while being chased by the police. Therefore, it
was not a custodial death.
However the Supreme Court rejected the plea as there was no evidence of death caused by
accident and awarded a compensation of 150000 rs to the mother of the deceased.
In Bodhisatva Gowtham vs Subra Chakraborthy AIR 1996 SC 922
It was held that the accused should pay interim compensation of Rs.1000 per month to the
rape victim during the entire period of trial proceedings. It further ruled out that
compensation to victim under such conditions will be justified even when the accused is not
convicted.
In SAHELI vs Commissioner of Police, Delhi AIR 1990 SC 513
(SAHELI – a women social activist organisation)
The dispute in this case was related to the land lord (house owner) trying to oust the appellant
(mother of deceased boy) from his house and the police allegedly favoured the landlord.
The Supreme Court directed the Delhi Administration to pay Rs.75000 as exemplary
compensation to the mother of a Nine year old boy who died due to beating by the police
officer while extracting information from him regarding the offence.
In Mallikarjun Kodagali vs State of Karnataka (2019) 2 SCC 752
This case emphasized the rights of victims of crime in India. It clarified their right to file an
appeal against the order of the acquittal. It was held that the victims must be treated with
sensitivity, compassion and respect.
Restorative Justice
Compensatory relief to victim is the ‘key-feature’ of restorative justice system.
The concept of restorative justice is woven around 4 major themes, namely
a) Restoration
b) Accountability
c) Community Protection
d) Skill development

a) Restoration
It implies help and support to victim of crime, whether the offender is apprehended and
arrested or not. The offender is made to realise and acknowledge the harm or injury caused by
him to the victim and show willingness to be accountable for his wrongful action and redress
the harm or sufferings of the victim. It lays equal importance on the rehabilitation of both
victim and offender and compensate the victim for the loss or injury cause due to crime.
b) Accountability
The process of ‘victim – offender Mediation
The process of victim – offender Mediation leads the offender to accept accountability for
harmful consequences of his criminal act on the victim and also to the community.
Accountability of the offender and acceptance of guilty by him, has a soothing effect on the
victim which facilitates overcoming trauma and distress caused due to his victimization.
c) Community Protection
Community surveillance provides best opportunities to the offender to rehabilitate and reform
himself and chennalise his energy into productive activities. For victim, community’s
protection and assistance greatly helps in his return to normal life, forgetting the past
(victimisation) and look for the bright future. It provides him moral strength to withstand the
sufferings and consequences of his victimisation.
d) Skill Development
Vocational training provides opportunities for the offender as also the victim to develop new
sills which may help in his restoration and rehabilitation. Competency of development
programmes constitutes a vital segment of the restorative justice system.