Interpretation of

the word “VICTIM’’

Submitted To-
Mrs.Parul Sharma Mam

Submitted By –
Inderpreet Suman
11605106
55
 Who is Victim?
• Definition of a Victim:
• In section 2 of the Code of Criminal Procedure, 1973 clause
(wa), the following clause shall be inserted, namely:
— “victim” means a person who has suffered any loss or
injury caused by reason of the act or omission for which the
accused person has been charged
• The expression “victim” includes his or her guardian or legal
heir;’
Ram Phal vs State And Ors. on 28 May, 2015
• In the context of the proviso to Section 372 the Court held that
"every heir who, in law, is entitled to succeed to the estate of a
deceased 'victim' in one, shall fall within the ambit of
Section 2(wa) of the Code, even if the estate of such deceased
'victim' is to devolve upon the legal heirs as per the order of
preference prescribed under the personal law of such 'victim‘.”
• The proviso to Section 372 is a beneficial legislation, and
should be construed liberally.
• The Supreme Court judgment in Yudhistir v. Ashok Kumar,
1987 (1) SCC 204, He further argues that the word "victim" is
similar in scope to the phrase "aggrieved person", and both
should be construed broadly.
Manoj Kumar Singh vs State Of U.P. & 3 Others on 11
November, 2016
• The proviso of Section 372 read with section 2(wa) of the Code, which
has been introduced, carries no ambiguity .
• "Whether the definition of the word "victim" as used in Section 2 (wa)
would mean any person other than a "guardian" or "legal heir" also
for the purpose of maintaining an appeal under Section 372 Cr.P.C.?
• The word 'victim' as defined in Section 2 (wa) of the Code of Criminal
Procedure would remain confined to a person who falls within the
categories specified therein and, in his or her absence or disability, as
the case may be, it would include his or her legal heir or guardian and
nothing beyond the same.
• The word victim would have to be interpreted contextually in reference
to the nature of the offence.
• It would mean the contextual sufferer of the offence and no one else.
• He further added that the words "Guardian" and "Legal Heir" should be
given their natural meaning and they should not be expanded by
judicial interpretation.
2018 vs Rajini on 1 February, 2018
• Who is a victim? Who are covered under the term 'victim'?
Under what circumstances, a person becomes the victim,
Section 2(wa) of Cr.P.C?
• What is the nature of interpretation, when the words
'victim / guardian / legal heir' find a place in the proviso and
not in the main section to which the proviso is appended?
• The Delhi High Court, in this case have considered-
• A narrow reading of the word "victim" (limiting it to direct and
proximate physical harm)
• A narrow reading of the term "legal heir" (limiting it to lines of
succession under personal law).
• A broad reading of the word "victim" (expanding
it to emotional harm caused by the direct harm to
someone that one is close to)
• A broad reading of the term "victim" and of the
term "legal heir“.
• This appears to be the view of The Punjab &
Haryana High Court, which favours a broad
reading of “Victim’’
Conclusion
• On Brief overviewed, I concluded that The proviso of Section
372 read with section 2(wa) of the Code, which has been
introduced by Act No.5 of 2009, carries no ambiguity .
• The word victim would have to be interpreted contextually in
reference to the nature of the offence.
• victim" in Section 2(wa), by virtue of being defined as "a person
who has suffered any loss or injury" must include a person who
has suffered harm caused to the mind“
• The "means X and includes Y" clause in Section 2 (wa) cannot be
interpreted so as to result in the included meaning Y excluding the
actual meaning X of the term being defined;
• thus "legal heirs“ who are included within the definition of the
term victim" cannot exclude those who actually fall within the
definition of victim" by virtue of emotional harm suffered, such as
the father or siblings of a deceased victim