Professional Documents
Culture Documents
Dr S. Muralidhar
Judge, Delhi High Court
13th March, 2016
Broad Themes
Victims – Definition
Victims in the Criminal Justice System
Victimology in Indian Jurisprudence
The unfinished agenda
Victims - Definition
UN Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, 1985
Article 1
- "Victims" means persons who, individually or collectively, have suffered
harm, including physical or mental injury, emotional suffering, economic los
s or substantial impairment of their fundamental rights, through acts or
omissions that are in violation of criminal laws operative within Member
States, including those laws proscribing criminal abuse of power.
Article 2
- A person may be considered a victim, under this Declaration, regardless
of whether the perpetrator is identified, apprehended, prosecuted or convicte
d and regardless of the familial relationship between the perpetrator and the
victim. The term "victim" also includes, where appropriate, the immediate
family or dependants of the direct victim and persons who have suffered har
m in intervening to assist victims in distress or to prevent victimization.
Victims - Definition
The Criminal Procedure Code, 1973
Defines “Victim” in S.2 (wa) inserted only by the Code
of Criminal Procedure (Amendment) Act, 2008.
S.2 (wa) - “victim” means a person who has suffered any
loss or injury caused by reason of the act or omission for
which the accused person has been charged and the
expression “victim” includes his or her guardian or legal
heir;
Victims in the Criminal Justice System
At the stage of investigation
At the Prosecution Stage
Trial
Protection of the Victims as witnesses
Post trial: victims of the process
Victimology in Indian
Jurisprudence
The Constitution of India
Article 14 – Equality before law
Article 21 – Protection of life and personal liberty
Article 38 – State to secure a social order for the
promotion of welfare of the people
Article 39A – Equal justice and free legal aid
Article 41 – Right to work, to education and to public
assistance in certain cases
Article 51A(g) – “to have compassion”
Victimology in Indian Jurisprudence
International Covenant ion Civil and Political Rights
The Code of Criminal Procedure, 1973
Provisio to S. 24(8) – the court may permit the victim to engage
advocate to assist prosecution.
Second Provisio to S. 157 (1) – In cases of offence of rape,
statement of victim at residence or place of her choice.
S. 357, 357A, 357B – Compensation
S.357C – Treatment of Victims
S. 358 – Compensation to persons groundlessly arrested.
S. 372 – Right of Victim to prefer an appeal in certain cases
Chapter XXIA – Plea Bargaining
The Criminal Law(Amendment) Act, 2013
Victimology in Indian Jurisprudence
The Protection of Human Rights Act, 1993
S.12 – The Human Rigths Commission has an important duty to
protect rights of victims of crime and abuse of power.
Legal Services Authority Act, 1987
S. 12 – Criteria for giving Legal Services includes inter alia
members of SC and ST, victim of trafficking in human beings or
begar, woman, child, mentally ill or otherwise disabled people, a
person under circumstances of undeserved want such as victim of
a mass disaster, ethnic violence, caste atrocity, flood, drought,
earthquake or industrial disaster..etc
Probation of Offenders Act, 1958
S. 5 - Power of court to require released offenders to pay
compensation and costs
Victimology in Indian Jurisprudence
Law Commission Reports
84th Report – Sexual offences – Substantive law,
procedure and Evidence
152nd Report – Custodial Crimes
154th Report – Protection and Facilities to Witnesses,
Plea Bargaining, Vicitmology, Special protection in
respect of Women
198th Report – Witness protection and Identity
Protection
201st Report – Emergency Medical Care to Victims
226th Report – Compensation for Victims
Measures of redress for Victims
Access to Justice and Fair Treatment
Restitution
Compensation
Assistance
Unfinished agenda
Recognition of victims and victimhood
Recognising special categories of victims: degrees of
vulnerability
Need for a Criminal Injuries Compensation Board
Settling norms for monetary compensation and for
restitution
Sensitising law enforcement agencies
A responsive and responsible society: Collective action