SCHOOL OF LAW

RENAISSANCE UNIVERSITY, INDORE (M.P)

UNIT- 1
CONCEPT OF VICTIMOLOGY

HISTORICAL DEVELOPMENT OF VICTIMOLOGY

During ancient times, victims had many rights and they used to play a crucial role
in the criminal justice system. This was true during the reign of Hindu kings as well
as the Muslim Period. Even though their system of criminal trial and punishment
was harsh and in many cases absolutely barbaric (for instance, trial by ordeals),
the main aim was to impart justice to the victims.

However, with the emergence of the ‘adversarial system of justice’, the

plight of the victims became worse and they became forgotten people except for
their minor role in the criminal justice system as a prosecution witness. It was
believed that the claim of the victim was sufficiently satisfied by the conviction
and sentencing of the offender. This assumption is neither fair nor just. Justice
demands that when society and the State are resorting to every possible measure
of correction and rehabilitation of offenders, equal concern must be shown for
the victims by at least providing compensation to them for their loss, agony,
physical and mental torture.

Victimology first emerged in the 1940s and ’50s, when several criminologists
(notably Hans von Hentig, Benjamin Mendelsohn, and Henri Ellenberger)

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examined victim-offender interactions and stressed reciprocal influences and role

reversals. These pioneers raised the possibility that certain individuals who
suffered wounds and losses might share some degree of responsibility with the
lawbreakers for their own misfortunes. The term “Victimology” was first used by
French lawyer Benjamin Mendelsohn in the year 1947.

Although the field originally focused on the varying degrees of victim

blameworthiness, by the 1970s this preoccupation became overshadowed by
studies intended to prevent victimization, to improve the way complainants are
handled by the police and courts, and to speed recovery. Victimology is enriched
by other fields of study, particularly psychology, socialwork, sociology, economics,
law, and political science. Whereas lawyers, criminal justice officials, counselors,
therapists, and medical professionals provide the actual services, victimologists
study the kinds of help injured parties need and the effectiveness of efforts
intended to make them “whole again,” both financially and emotionally. Victims
of murder, rape, spousal abuse, elder abuse, child abuse, and kidnapping have
received the most research attention, but entire categories of victims that were
formerly overlooked have been rediscovered (e.g., people with disabilities that
make them unusually vulnerable and targets of workplace violence, hate crimes,
and terrorist attacks).

MEANING

Victimology is the study of a crime from the point of view of the victim or the
sufferer. A varied view exists as to what should come under the concept of
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Victimology. Some people are of the view that victimology is a subfield of

Criminology itself. Another view is that victimology should be considered as a
Separate field of inquiry, independent in itself. One more question which is posed
now and again is, what the scope of victimology is and how many victims’ related
concepts can be placed under victimology. Some people are of the view that only
the relationship between a victim and the offender should fall within the scope of
victimology. Others believe that apart from the relationship between the victim
and the offender, concepts like needs of the victim, the function of the institution
which responds to these needs and the role of a victim should also fall within the
purview of victimology. One more issue which has not been given the attention it
deserves is the breadth of the definition of term “victim.” One approach is to limit
the definition to victims of only traditional crimes like rape, murder, robbery, etc.
Others believe that since the field is specifically focusing towards the victims, the
definition should be broader which even covers various groups like immigrants,
prisoners, people who are charged with a crime but proved guilty, prisoners, etc.

The concept of victimology is rather new in the realms of the legal field. One of
the major roles of victimology is to increase the understanding regarding impacts
of a crime on a victim. The aim of this field is to study the crime in a manner
which gives importance to responsibility and role of the victim and his offender.

Today, the definition of a victim more or less includes any person who suffers any
loss or injury due to the action of any other person. The exact meaning of
victimology can be said to be the relationship between the victim and the
offender.

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According to Viano, there are several terms which are related to the victims and
as a whole to victimology.
 Victimhood- the state of being a victim

 Victimization- the action of victimizing a person

 Victimizer- the offender or the person who victimizes other

As victimology is the relation between the offender and the victim, there can be
two major sub-areas in the field of victimology.

 The first is based on the nature of the relationship between the victim
and the offender and it relates to the scientific study criminal behavior.

 The other sub-area deals majorly with the role of the system of
compensation and restitution to the victim.

Some Definitions:

Schultz (1970)-

“Victimology is the study of degree of and type of participation of the victim in

the genesis or development of the offences and an evaluation of what is just and
proper for the victim’s welfare.”

Drapkin and Viano (1974)-

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“Victimology is the branch of criminology which primarily studies the victims of

crime and everything that is connected with such a victim.”
Victimology has thus emerged as a branch of criminology dealing exclusively
dealing exclusively with the victims of crime who need to be treated with
compassion and rendered compensation and assistance under the criminal justice
system.

Nature:
 Whether victimology is part of criminology?

There is a constant strife on this topic. According to Kirchhoff, “there is a

criminology that calls itself victimology when analyzing problems from a victim’s
perspective.” But victimology is not criminological victimology. Historically,
however, victimology bloomed in criminology but victimologists started asking
different questions and they developed different strata of interests and
explanations. Though victimology has close connection to the concept of crime,
the focus of victimology is the victim and not the whole social structure and role
of crime and criminal law in it. Hence, victimology is now evolved into an
independent subject matter of study.

 The Science of victimology

In the first symposium of Victimology held in Jerusalem it was stated that,

“Victimology is the scientific study of victimization, including the relationships
between victims and offenders, the interactions between victims and the criminal

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justice system- that is, the police and courts and the correctional officials, and the
connection between victims and other societal groups and institutions, such as
the media, businesses and social movements.
Victimology as a science cannot be isolated from reality, even difficult realities.
Science needs to go beyond the purely observable ‘fact’ of victimization.
Therefore, victimology as a science requires an analysis and interpretation of
victimization.

 Whether victimology is science or service?

The Vienna Declaration on Crime and Justice in 2000 declared that “We
establish 2000 as a target date for states to review their relevant practices, to
develop further victim support services and awareness campaigns on the rights of
victims and to consider establishment of funds for the victims, in addition to
developing and implementing witness protection policies.” Thus, victimology is
also a service.

 Whether victimology is blaming the victim?

One aspect of victimology is blaming the victim for his own plight. However,
most victimologists reject theories of “victim blaming”. They simply explore the
process of victimization with the goal of understanding it and preventing it.

Scope of Victimology

The victim is the forgotten party in the criminal justice system. It would be

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factually wrong if this type of criticism would still be maintained today.

Victimology has come of age. Victims, their needs and their rights, are being
consistently acknowledged in words, if not in deeds.
1. Victimology is study of crime from victim’s point of view:

Victimology is study of crime from victim’s point of view. After the Second
World War the plight of victims was seriously considered by many criminologists
in Europe. B. Mendelsohn developed this branch of criminology as there was
growing concern for the plight of victims of all crime. The First International
Conference on Victimology under the auspices United Nations was held in
Jerusalem in the year 1973 followed by another conference in Boston in 1976.
There are many seminars and studies on victimology at the regional, national and
international level highlighting the problems of victims, legal position of victims in
criminal proceedings, compensation for victims.

2. Victimology analysis the victim-offender relations and the interactions between

victims and the criminal justice system:

The process of being a victim involves two dimensions, individual and societal.
It is therefore incumbent upon victimology to develop theoretical models that cut
across levels of analysis and which incorporate the dynamics of normal social
intercourse as a basis of understanding how victims cope and in addressing victim
needs. There are three interfacing roles:

 Victim

 Persecutor
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 Rescuer

 The victim requires a ‘persecutor’ the one who victimizes and the process is
Complete when there is a ‘rescuer’, one who saves the persecutor.
3. Victim of abuse of power:

Term ‘victim of abuse of power’ is such a broad and ambiguous concept that
sometimes it is argued that this concept includes, for example, abuse of power
between States or between races, and even economic exploitation of employees
and consumers by large enterprises. An important object of the criminal justice
system is to ensure justice to the victims, yet he/she is not given any substantial
right, not even to participate in the criminal proceedings. To achieve this goal,
training and education in victimology by trained professionals of criminal justice
will help.

‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of

Power’ (UN, 1985) also defines the victims of abuse of power like the victims of
crime. The suffering through impairment of fundamental rights is included. The
Declaration makes it clear that far more victimization occurs as a result of the
actions of governments and business institutions than ever arises from what are
defined as crimes under national laws.

4. Victimology is study of restitution and compensation of the damages caused to

the victim by the perpetrator of crime:

Modern state is a welfare state in which the welfare of its citizens is of

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paramount importance. With new developments in the field of victimology, the

victims of crime have assumed a significant role. Now, efforts are made to provide
restitution to the victims. Compensation is given with the object of making good
the loss sustained by the victims or the legal representatives of the deceased.
5. Victimology is the study of Victimological clinic:

If we look at clinical victimological work, the treatment of victims, we have not

only to look at hospitals; we have to look at whole array of victim assistance
organizations who are actively working to alleviate the burden of victimization.

Thus, it is important to understand:

 Victim’s crime-related mental health problems

 What aspects of the criminal justice system process are stressful to victims?

 What can be done to help victims with their crime-related health problems and
stress regarding the criminal justice system?

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
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situations are blissfully ignorant of the international developments in the field of

Victimology and the better treatment victims deserve from the police.

The UN Handbook says that “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.

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.

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 role and
resorted to affirmative action to protect the rights of victims of crime and abuse
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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.

 Justice for Rape Victims – Guidelines for Victim Assistance in Bodhisattwa

Gautam v. Subhra Chakraborty, 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:

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
counselling 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
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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;

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, 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.

 Victims right to challenge bail– In Puran v. Rambilasand P. Rathinam v. State, the

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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.
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, stated that, the State should accept
the principle of providing assistance to victims out of its own funds,

1. in cases of acquittals; or

2. where the offender is not traceable, but the victim is identified; and

3. also in cases when the offence is proved

 The Justice Malimath Committee on Reforms of Criminal Justice System

The Justice V. S. Malimath Committee has 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. Some of the
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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:

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

5. To ask questions to the witnesses or to suggest to the court questions which may
be put to the witnesses

6. 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

7. To be heard in respect of the grant or cancellation of bail

8. To be heard whenever prosecution seeks to withdraw

9. To advance arguments after the prosecutor has submitted arguments

10. To participate in negotiations leading to settlement of compoundable offences

11. The victim shall have a right to prefer an appeal against any adverse order

passed

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by the court acquitting the accused, convicting him for a lesser offence, imposing
inadequate sentence or granting inadequate compensation

12. 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.
13. The victim compensation law will provide for the creation of a Victim
Compensation Fund to be administered possibly by the Legal Services Authority.

Amendments to the Code of Criminal Procedure in 2008:

The Code of Criminal Procedure was amended to bring in various victim-

friendly provisions, such as:

 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 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.”

 Victim’s right to engage his advocate

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

 Recording of statement of rape victim under Section 157

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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.

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.

 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.”

 Compensation to victims

Section 357 (1) and Section 357 (3) Cr.P.C. 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 appropriate
whole or any portion of the fine recorded from the offender to be paid as

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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.
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.

Section 357-A has been inserted after the 2008 Amendment, it provides that:

“Section 357-A Victim Compensation Scheme– (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 dependants 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

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where no trial takes place, the victims or his dependants 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.

(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.

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.

 Victim’s right to appeal

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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:

 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.

The Criminal Law (Amendment) Act, 2013

The Criminal Law (Amendment) Act, 2013 is a result of the Justice Verma
Committee Report which 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).

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.

The IPC differentiates between rape within marriage and outside

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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 notmade
punishable, even though the amount of punishment has been increased.

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 Actalso
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.

In the case of State (Govt. of NCT of Delhi) v. Ram Singh (deceased), Mukesh,
Akshay Kumar Singh, Vinay Sharma and Pawan Kumar, Shri Yogesh Khanna,
Additional Sessions Judge, New Delhi, 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 prosecutrix 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 as by the rods and caused her irreparable injuries, thus
exhibiting extreme mental perversion not worthy of human condonation. They
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brutally gang raped the prosecutrix, inflicted inhuman torture and threw the
defenceless victims out of the moving bus in naked condition, profusely bleeding
in a cold winter night.

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 instil confidence in the minds of people especially
the women. The crime of such a nature against a helpless woman, per se, requires
exemplary punishment”.

Another amendment is the addition of Section 326 A regarding the acid

attacks, the proviso 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 to the
victim.

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

Section 357B Cr.P.C. provides that, “The compensation provided under Section
357 A shall be in addition to the payment of fine to the victim under Section 326A
or Section 376D of the Indian Penal Code.”
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Section 357C Cr.P.C. 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.

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UNIT 2
THEORIES OF VICTIMOLOGY

Victimology is the study of crime victims. It’s a subset of criminology, the

study of crime. People, who study victimology, or victimization, examine the
psychological effects of crimes on the victims, the interactions between
victims and the criminal justice system and the relationships between victims
and offenders. Modern theories of victimology try to explain why some are
more likely than other to become victims of a crime.

Three areas within of study within victimology include the following:

What is Victimization?

Before we can look at the different victimology theories, we should know what
victimization is because it is the field’s primary focus. Victimization can be defined
as the outcome of an individual or institution’s intentional action to exploit,
oppress, or harm someone else. It also includes destroying or illegally acquiring
someone else’s property or possessions. These actions can cause psychological,
emotional, physical, sexual, or economic harm to the victim.

Criminologists began to study a victim’s relation to crime to counter criminal

behavior and help victims cope afterward. These studies have helped
criminologists realize the importance of a victim’s role in a crime.
Studying victimology helps criminologists better understand the victim and why
they were targeted or victimized. Scholars formed the theories of victimology to
understand the different factors that could impact someone’s chance of being
victimized.

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Victim Precipitation Theory

The victim precipitation theory suggests that the characteristics of the victim
precipitate the crime. Marvin Wolfgang, an American sociologist, and
criminologist was the first to formulate a systematic study of the involvement of
a victim in the crime. He introduced the term “Victim Precipitation”, which
became popular as an identifier to all violent crimes including homicide,
aggravated assault, etc., in which the victim’s interaction with the offender may
contribute to the crime being committed.
In simpler terms victim precipitation is defined as to what extent is the victim
responsible for his or her victimization. This leads to 2 common elements: firstly,
a temporal sequence of events to which the victim is the first to act. And
secondly, the victim does something to encourage the criminal act. Apart from
these there always lies other specific actions that can be classified as
precipitatory and vary in the types of crimes. For a crime like homicide, large
proportions are victim provoked by the use of physical force, and mutual
quarreling or verbal abuse are excluded from the ambit of adequate provocation
in victim precipitated homicide.
Though there remain some conceptual constraints concerning the appropriate
domain for victim precipitation. The ambiguity in the definition led to two
possible solutions. A nominal definition that applies to all kinds of violent
crimes. This generic definition is serving its purpose in establishing the scope
and theoretical exploration but lacks at the operational level. The other solution
is to develop an act specific definition which is useful for measuring the extent
of particular victim-precipitated crimes.
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The common examples include the legal principle of self-defense, contributory
negligence (e.g., victim carelessness being part of the cause of injury),
comparative negligence (e.g., which party is of greater fault), or “assumption of
risk” (e.g., exposing oneself to known dangers negates the damage if one is
harmed). Any evidence of victim precipitation can only be brought into light
through the police investigation, the final report filed, and also at the
examination and cross-examination of the victim, accused, and the witnesses
related to the crime.
The disadvantage of victim precipitation research is the possibility of reaffirming
the belief that victims are to be blamed for their misfortunes. But the most
crucial point that can be benefitted from introducing such theory is to formulate
strategies and theoretical advances that can help generate public awareness to
reduce victimization. The advantage of this theory is to study the origin of a
violent crime and the series of events before and after with respect to the
victim-offender relationship and the potential contributions of the victims to
their fate.

Lifestyle Theory

Lifestyle theory suggests that certain people may become the victims of
crimes because of their lifestyles and choices. For example, someone with a
gambling or substance addiction could be as an “easy victim” by a con artist.

Walking alone at night in a dangerous area, conspicuously wearing expensive

jewelry, leaving doors unlocked and associating with known criminals are
other lifestyle characteristics that may lead to victimization.

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The lifestyle theory maintains that criminals target individuals due to their
lifestyle choices. Many victims’ options expose them to criminal offenders and
situations where crime is likely to occur.

Examples of lifestyle choices that may raise one’s risk of victimization include:

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Walking alone at night.

Living in the “bad” part of town.

Being promiscuous.

Drinking in excess.

Doing drugs.

Associating with felons.

This theory also cites research that shows a correlation between the lifestyles
of victims and offenders. Both tend to be impulsive and lack self-control,
making the victim more likely to put themselves in high-risk situations and the
offender more likely to engage in an unlawful act.

Deviant Place Theory

There is some overlap between the lifestyle theory and the deviant place
theory. The deviant place theory states that an individual is more likely to
become the victim of a crime when exposed to dangerous areas. In other
words, a mugger is more likely to target a person walking alone after dark in a
bad neighborhood. The more frequently a person ventures into bad
neighborhoods where violent crime is common, the greater the risk of
victimization.

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The deviant place theory is the theory that the more often a victim visits a
dangerous place, the more likely they will be exposed to crime, which raises their
chance of being victimized. The theory states that the victim does not play a role in
encouraging the crime but is still prone to being a victim because they live in a
socially disorganized high-crime location. Even though they may not engage in risky
behaviors or lead a dangerous lifestyle, residents of areas with high crime rates
have the most significant risk of coming into contact with offenders.

Minorities tend to be victimized at higher rates because of social and economic

inequality. Minorities are more likely to reside in low-income neighborhoods with
high crime rates and cannot move from areas with significant criminal activity
compared to their caucasian neighbors.

This theory of victimology also proposes that safety measures taken in dangerous
areas may be of little to no use since it’s the area’s demographic that increases
victimization rather than the victim’s lifestyle choices. If an individual lives in a
deviant area, the only way to lower their chance of being a victim of a crime is to
leave the deviant and dangerous neighborhood for one that is less deviant and has
a lower crime rate.

Routine Activities Theory

The routine activities theory states there must be three factors present for a crime
to occur. These factors reflect the regular activities incorporated in a typical
American’s lifestyle, and they increase an individual’s risk of victimization when

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they converge.
Routine activities that raise one’s risk of victimization:
1. The availability of suitable targets, including homes that contain high-value items
that are relatively easy to obtain.
2. The absence of capable guardians. Lack of guardianship such as the police, a
homeowner, neighbors, friends, and relatives can increase the probability of a
crime. A target that is undefended and attractive is the holy grail for a motivated
criminal. However, if a target is well-defended by capable guardianship, even the
most seasoned criminal may hesitate to attack.
3. The presence of motivated offenders who have criminal intent and the ability to
act on their plan. For example, a substantial amount of jobless teenagers. If there
is a lack of motivated criminals in an area, the crime rate is likely to be lower than
the rate in an area with significantly more motivated offenders.
If all of these variables are present, a crime can occur, and the risk of victimization will
increase. However, if one or more of the variables are absent, then a crime is unlikely to
happen. For example, many affluent neighborhoods have low crime rates even though
there’s an availability of suitable targets. The low crime rates can be attributed to high
guardianship such as security systems or a neighborhood watch program and lack of
motivated offenders to carry out criminal acts.

Impact of Victimization
The effects of crime on victim may reflect in the form of physical, financial or psychological impact:

(1) The Emotional Impact of Victimization

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Shock, disbelief and denial – Initially, victims may find it difficult to believe they have
become a victim of crime. They may even pretend that it did not happen at all. These
reactions can last for a few moments or they may be present for months and even years.
It is not uncommon for victims to assume a ‘childlike’ state and may even need to be
cared for by others for some time. It is also common for victims to feel as though the
crime occurred when they were in a dreamlike state. Once the initial shock of the crime
has worn off, victims may experience other emotions such as anger, fear, frustration,
confusion, guilt, shame, and grief.

Anger or rage – Victims may be angry with God, the offender, service providers, family
members, friends, the criminal justice system, or even themselves. Many victims
experience strong desires for revenge or getting even. Hate may even felt by victims.
These strong emotions are often disapproved of by the rest of society, which can leave
the victim feeling like an outcast. It is certainly justified for victims to feel anger toward
the person or people who harmed them.

Fear or Terror – It is common for victims to feel terror or fear following a crime that
involved a threat to one’s safety or life, or to someone else a victim cares about. Fear
can cause a person to have panic attacks if they are ever reminded of the crime. Fear
can last for quite some time following the commission of a crime and under certain
circumstances, it can become debilitating. Fear or terror that becomes overwhelming is
unhealthy and victims should consult their family physician about it as soon as possible.

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Frustration – Many victims are frustrated by the feelings of helplessness or

powerlessness that surface when the crime takes place. This can be especially true if
victims were unable to fend off an offender, call for help or run away. After the crime,
victims may continue to feel frustration if they cannot access the support and
information that is necessary to their healing.

Confusion – Victims of crime may become confused if they are unsure of what actually
happened, as crimes often occur quickly and are chaotic. Victims might also become
confused while searching for answers to questions like “why did this happen to me?” It
may be impossible to find out why someone else intended to hurt them.

Guilt or self-blame – Blaming oneself is common. Many victims believe they were “in the
wrong place at the wrong time.” If the victim does not have someone to blame, they will
often blame themselves. Guilt is also common when no offender is found. Later on,
when reflecting upon the crime, victims might feel guilty for not doing more to prevent
what happened. Lastly, some victims will experience ‘survivor guilt’ – they feel guilty
that they survived while someone else was injured or even killed. If a loved one is
murdered, surviving family and friends may even blame the victim. Too often, society
blames victims as well.

Shame and humiliation – Sadly, some victims blame themselves, particularly victims of
sexual abuse/assault or domestic violence. In crimes involving sexual acts, offenders
often degrade the victim by making them do humiliating things. Victims of rape, for
example, have long-lasting feelings of “being dirty”, and those feelings cannot be

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“washed away.” Some victims even feel self-hatred because they believe that they can
no longer be loved by those who are close to them.

Grief or Sorrow – Intense sadness is often the most powerful long-term reaction to
crime. It is common for victims to become depressed after a crime occurs.

(2) The Physical Impact of Victimization

The victims of crimes of violence suffer physical injury ranging from minor to fatal
injuries. The victim has the right to defend himself. Not only the victim but any person
has the right to defend the victim as soon as reasonable danger to the body of victim
starts and the right continues so long as such danger continues. In some cases, under
Section 38 of BNS,2023, the right extends even to the extent of causing death. Under
Section 39 of BNS, as a right to private defence of person, one may cause harm other
than death and under Section 40 of BNS, the conditions are mentioned when such right
starts and extinguishes.

The victim sometimes may suffer such injury as to make him permanently physically
handicapped by the loss of some limb e.g., hands, legs or eyes. Such victims and their
dependents need permanent attention by the Government for their financial support.
The need is to create a permanent assistance programme by the Government. N.G.O’s
may also play good role in this respect.

In the offences involving adulteration of food and drugs, the victims may suffer physical
and mental injury both as taking of adulterated food or drugs not only may impair the
physical and mental capability but sometimes may also lead to the death of the victim.
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(3) The Financial Impact of Victimization

Victims of financial loss are those who suffer loss financially due to the nature of the
offences committed. The offences against property are the offences in which victims
sustain the loss of property. In offences involving violence and offences against human
body also, victims suffer financial losses. Thus, in a riot, there happens to be enormous
looking and destruction of immovable and movable property both. In offences against
human body, the victims suffering physical handicapness become sometimes incapable
of doing employment or self-employment. Besides, they also incur expenses for their
medical treatment and also high cost of litigation. When the victims suffer fatal injuries,
their families have to bear the expenses in funeral or burial and follow social traditions.
The dependants of the earning member who loses life are more vulnerable. The
financial stringencies and the poverty in such situation bring mental agony and
traumatize the entire family of the deceased.

(4) The Psychological Impact of Victimization

The mental torment and trauma suffered by the effect of crime may be such as no
reparation can make up. The crimes against violence, sometimes, affect victims
permanently incapacitating them to behave as a responsible person of the society and
they out of feeling of revenge become hardened criminals. There are illustrations when
not only the immediate affected victims turn into criminals but their future generations
also become involved in family-feuds. Similarly, the rape tarnishes the whole personality
of a ravished woman and she either has to console herself with the circumstances or
may take extreme steps such as suicide or may become criminal in the revenge. Some
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victims may, develop neurotic disorders. In cases of riots and communal violence, where
the people lose their nears and dears, the agony suffered by them may be tormentous.
Brutalisation of the children, as the researches show, “Little victims grow into big
terrorists.”

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UNIT – 3
VICTIM IN CRIMINAL JUSTICE SYSTEM-
INDIAN EXPERIENCE

Rights of Victims in Criminal Justice System

Provisions For Victims in Indian Criminal Laws

In general, a victim's rights can be classified in to following classes:

Right to be treated with self-respect

Right to be present.
Right to be heard.
Right to rational protection from terrorization and injury.
Right to restitution.
Right to information.
Right to compensation especially for crimes of violent nature.
Right to speedy proceedings
Rights to privacy

In our Indian criminal justice system, a victim suffers everyday as the crime is
committed against him/her and also because he/she has to undergo a lot of
manipulation of the existing system. Whereas, the person who is found guilty is
sheltered, nursed, lighted, and entertained in prison for which the state gives the
expenditure from the taxes that the victims of crime are not provided with.

Justice V. R Krishna Iyer in Rattan Singh v. State of Punjab correctly said that:

It is a weakness of our jurisprudence that victim of crime and the distress of the
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dependents of the victim do not attract the attention of law. However, the
reimbursement for victims is still the disappearing opinion of our criminal law. This
shows the deficiency in our system, which must be rectified by the legislature.

Victim’s Rights Under Constitution of India

The Indian Constitution and the Code of Criminal Procedure, 1973 prescribe
various rights for victims. Article 14 and Article 21 incorporate fundamental rights
that must be read with the Directive Principles of State Policy listed in articles
39A, 41, 46, and 51C.

As per Article 39A, the State offers free legal assistance and a guarantee for
promoting justice on the grounds of equal opportunity. By compelling the State to
compensate victims of criminal violence, Article 21 ensures against unfair
deprivation of life and liberty.

A Public Prosecutor appointed by the state represents the victim. Moreover, in

2008, an amendment was made to Section 18 (8) of the BNSS. As per the
amendment, the victim was allowed to choose an advocate to assist the public
prosecutor. Though the Code identifies a few rights that favour the victims, they
are not as effective as those of the accused.

For example, the victim can choose his private lawyer, but the authority given to
such a lawyer is limited. The lawyer can only submit the written arguments after
the evidence is recorded and only after the court permits.

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Victim's Rights Under Bhartiya Nyaya Sanhita, 2023:

The Bhartiya Nyaya Sanhita is applicable to all Indian citizens who commit crimes
within the Indian Territory. It is a list of offences and its punishment. The Sanhita
describes offence as an act or omission punishable by law.

The two significant remedies of criminal justice system are compensation and
restitution which now, have become civil remedies during the modern period. This
invited the attention of various jurists to analyze the problems of victims from a
different perspective to improve their position and bring them on equivalence with
the accused.

Victim's Rights Under Bhartiya Nagrik Suraksha Sanhita, 2023:

Indian criminal law in a broad sense includes both the substantive criminal law and
the procedural criminal law. Here, the Substantive criminal law describes offences
and punishments for each of those offences, whereas the procedural criminal law
manages the substantive law. In any circumstance where the procedural criminal
law is absent, the substantive criminal law would be considered as almost
worthless.

The victim is represented by the Public Prosecutor who is appointed by the state. A
proviso has been added to Section 18(8) which allows the victim to choose an

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advocate of his choice for assisting the public prosecutor.

However, the Sanhita identifies few rights that favor the victims but they are not as
operative as those of rights of accused. For example, the code grants a right to
victim to choose his own private lawyer but the authority given to that lawyer is
limited to appoint where he can only submit the written arguments after the
evidence is recorded and only after the court permits.

Compensation to victim:
While pronouncing the judgement, the victim should be given the right to get
compensation. According to section 396(3) of the Bhartiya Nagrik Suraksha
Sanhita, 2023, the court has the right to grant compensation for any loss or injury
suffered by the victim, even in cases where fine was not levied upon on the
accused.

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The Supreme Court of India in Harikishan & State of Haryana v. Sukhbir Singh
observed that courts in India rarely make use of this section to grant compensation
to victims of crime.

RESTORATIVE JUSTICE

Restorative Justice Restorative Justice (RJ) is a process through which remorseful

offenders accept responsibility for their misconduct to those injured and to the
community which, in response, allows the reintegration of the offender into the
said community. RJ treats crime as a violation of people and relationships. It
creates an obligation to make things right through proactive involvement of
victims, ownership of the crime by the offender and participation of the
community in search for solutions which promote repair, reconciliation and
reassurance

Restorative Justice, then:

1. is a different way of thinking about crime and our response to crime;
2. focuses on the harm caused by crime: repairing the harm done to
victims and reducing future harm by preventing crime;
3. requires offenders to take responsibility for their actions and for the
harm they have caused;
4. seeks redress for victims, recompense by offenders and reintegration
of both within the community; and
5. is achieved through a cooperative effort by communities and the
government.

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Basic Elements of Restorative Justice

Unlike in the traditional justice system, a restorative effort is a holistic response

to crime or confict which needs to be attended to in all these relationships to be
able to strengthen community fabric. The repairing relationships of stakeholders
do not mean creating a friendly and positive attitude between them. It means
restoring appropriate “balance of power” among stakeholders.

Encounter : Create opportunities for victims, offenders and community members

who want to meet and discuss the crime and its aftermath;

Amends: Expect offenders to take steps to repair harm they have caused to their
victims;

Reintegration: Seek to restore victims and offenders as a whole and help them
become contributing members of society; and

Inclusion: Provide opportunities for parties with a stake in a specifc crime to

participate in the resolution.

Goals of Restorative Justice

The goal of RJ is to repair the harm. The criminal justice professional applying the
philosophy needs to understand the impact of crime on the victims, and the
latter’s family and future. By helping the victim the system can:

 Exert efforts to appropriately respond to the victim’s harm;

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 Accordingly hold offenders accountable;

 Reduce the victimization of the victim again;
 Improve active involvement and cooperation of the victim; and
 Protect and empower victims.

Benefits of Restorative Justice

 It views criminal acts more comprehensively: rather than defining crime as

lawbreaking, it recognizes that offenders harm victims, communities and
even themselves.
 It involves more parties: rather than giving key roles only to government
and the offender, it includes victims and communities as well.
 It measures success differently: rather than measuring how much
punishment has been inficted, it measures how much harm has been
repaired or prevented.
 It recognizes the importance of community involvement and initiative in
responding to and reducing crime, rather than leaving the problem of
crime to the government alone.

Principles of Restorative Justice

1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the
opportunity to participate fully in the response, if they wish.
3. Government’s role is to preserve a just public order, and the community’s
role is to build and maintain a just peace.

Restorative Process

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Mediation
Also known as Victim-Offender-Mediation (VOM). It is a form of Alternative
Dispute Resolution (ADR), a way of resolving disputes between parties with
concrete effects. Typically, a third stakeholder, the moderator, assists the parties
to negotiate a settlement. The moderator may mediate disputes in a variety of
felds, such as commercial, legal, diplomatic, workplace, community and family
matters. This is a process that provides interested victim/s an opportunity to
meet the offender in a safe and structured setting, and engage in a discussion of
the crime.

Conferencing Is a voluntary, structured meeting between offender/s, victim/s

and/or both parties’ family and friends, in which they address consequences as
restitution and other outcomes.

Circle of Support Is a model of RJ which provides an opportunity for victims,

offenders and community to discuss the crime, and its aftermath, particularly its
effect on the relationships in the community.

Indigenous Practices To preserve, protect and respect Indigenous Practices of

DOJ-PPA tribal clients, the Agency adopts and adheres to prescribe mechanisms
customary to their beliefs but ensuring and guaranteeing the due exercise of the
concerned tribal community to reject or allow the intervention, documentation
and publication of the DOJ-PPA of the indigenous conciliation practice
undertaken.

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RESTORATIVE JUSTIVE OUTCOMES

Restitution
is the payment by an offender of a sum of money to compensate the victim for
the financial losses caused by the crime. It is justified in a restorative perspective
asa method of holding offenders accountable for their wrongdoing, and as
method of repairing the victim’s injury. Restitution can be determined in the
course of mediation, conferencing or circle of support.

Community Work Service

Community work service is work performed without compensation by the

offender for the benefit of the community as an outcome of a RJ process reached
through restorative agreement among stakeholders.

Is free - a public labor performed by a criminal offender as a sanction for an

offense for the benefit of the community.

Its essence is to present meaningful lesson for offender-client to realize that the
crime he/she has committed has a public repercussion, and therefore on his/ her
part incurred restorative obligation to settle.

As a restorative practice, it should be included either as a condition of his release

in the individualized community-based program or incorporated in the MPDP.
Community work service is work performed without compensation by the
offender for the benefit of the community as an outcome of a RJ process reached
through restorative agreement among stakeholders.

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UNIT 4
VICTIMIZATION OF VULNERABLE GROUPS

VICTIM VULNERABILITY
Victim vulnerability refers to the characteristics, circumstances, or conditions that
make an individual or a group more susceptible to being victimized or targeted for
various forms of abuse, exploitation, or harm. Vulnerability can stem from a wide
range of factors, including but not limited to age, gender, socioeconomic status,
physical or mental disabilities, lack of social support, homelessness, substance
abuse, or living in areas with high crime rates.
In the context of victimology (the study of victims and victimization),
understanding victim vulnerability is crucial for policymakers, law enforcement,
social workers, and other professionals working in fields related to victim support
and crime prevention. By identifying vulnerable individuals or communities,
resources and interventions can be directed toward addressing their specific
needs, enhancing their safety, and reducing the risk of victimization.
For example, vulnerable populations such as children, the elderly, and people
living in poverty may be more susceptible to various forms of exploitation and
abuse. Recognizing their vulnerability allows for the implementation of targeted
programs, social services, and legal protections to mitigate the risks they face and
provide adequate support when victimization occurs.
Addressing victim vulnerability involves not only identifying those at risk but also
working to eliminate or reduce the underlying factors that make individuals or

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communities vulnerable. This can be achieved through social and economic

policies, education, healthcare, legal reforms, and community outreach programs
designed to empower vulnerable populations and enhance their resilience against
victimization.

There are known variables that make a person more likely to become a human
trafficking victim. Social determinants such as low self-esteem, poverty, low
societal value of girls and women (this is especially common in certain cultures
and countries), limited support systems and low educational levels make
individuals very susceptible. Past sexual abuse, physical and emotional abuse,
addiction or parental addiction/drug abuse, domestic violence, persons with
disabilities, LGBTQ individuals and native/aboriginal persons are often targeted as
well. Migration and refugee displacement, language barriers, along with
opportunity for connection via the internet and networking sites allow the
introduction of the victims to the perpetrators. Migrant workers and domestic
workers are targeted internationally as well. Children, especially girls aged 12 to
14, are seen as more “malleable” and easily controlled long-term. Additionally,
runaways are approached by traffickers within 48 hours after they leave their
home. Traffickers use intimidation, threats against the victim, their families,
confiscation of personal documents, threats of deportation and psychological
tactics in order to gain control over the victims. These factors are obviously used
more successfully in children who become dependent upon the perpetrator, and
often begin to identify with their captor. They will also employ entrapment tactics
such as listening, mentorship and promises of empowerment.

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Young boys and male workers are often recruited to fishing boats for employment
but are charged for food and shelter. After these fees are taken out of any earned
salary, they are often left with little money.
Victims, especially females involved in sex work, may develop the “Stockholm
Syndrome” and become emotionally supportive of their captor. This is also
termed: Trauma Bonding. In some cases, they may not even testify against the
trafficker or will not make an attempt to free themselves of the bondage. The
syndrome was termed because of a case in Stockholm where robbers held bank
employee’s captive for six days and the captive workers began to sympathize with
the robbers even to the point of defending their perpetrator. Younger trafficking
victims have no one to look out for them and see the perpetrator as someone who
takes care of them and meets their fundamental needs. The victim may believe that
the captor has done them a favor by not killing them and giving them a place to live.
This has occurred in India, England and the United States. They describe this as a
coping and survival strategy when the victim is held in captivity. Four conditions are
necessary for the syndrome
1. A threat to survival
2. A captor who shows some kindness
3. Isolation from the outside world
4. A perceived inability to escape.
In addition to the development of the Stockholm Syndrome, other factors such as
those below make these individuals more vulnerable, thereby, making them
extremely dependent upon the perpetrator over time:
 Anxiety

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 Nervous disorders
 Substance abuse
 Post-traumatic stress disorder
 Severe psychological disorders in general along with poor coping skills

Victimization of Children
Child abuse has many forms: physical, emotional, sexual, neglect, child marriage,
infanticide, Honor killing, female foeticide, trafficking, exploitation etc. Any of
these that are potentially or actually harmful to a child’s health, survival, dignity
and development are abuse. Child abuse in India is often a hidden phenomenon
especially when it happens in the home or by family members. Focus with regard
to abuse has generally been more in the public domain such as child labour,
prostitution, marriage, etc. Intra-family abuse or abuse that takes place in
institutions such as schools or government homes has received minimal attention.
This may be due to the structure of family in India, structure of various institutions
concerning children and the role children have in these structures.

Child victimization can then be categorized as –

(i) conventional crimes against children which can be called criminal offences
against children,
(ii) acts that violate child welfare statutes, not only including abuse and neglect,
but also some less frequently discussed areas like the exploitation of child labour,
which can be termed as child maltreatment; and
(iii) other kinds of victimization that occur among or against children; these

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include peer and sibling violence, violence perpetrated in institutions by

functionaries.

Children are among the most vulnerable members of society, dependent on those
closest to them for nurturing, guidance, and protection from harm. They also
suffer a considerable burden of victimization that are specific to being children
like neglect and emotional abuse. Numerous studies have documented that the
high incidence of victimization at home, at school and in neighborhoods,
underscores the urgency of the need for their protection. Number of cases of
child abuse in the homes and schools are hard to know because most of these
crimes go unreported.

Societal abuses due to poverty such as malnutrition, lack of education, poor

health, neglect, etc are addressed in various forms by the Indian legal system.
Mal-treatment of care givers has the potential to emotionally and mentally harm
children to a very different degree. Similarly, the grave issue of child trafficking
has been a major concern over a number of years. The trafficked children are
misused for various purposes, as devdasis in temples, for commercial sexual
exploitation, child labour, child brides, sex tourism, child pornography, begging
and so on. It is an organized crime. Indeed, there are distinct “catchment” areas
from which children are trafficked and there are routes that are followed across
the borders of South Asia to trap children in this cruel trade. India is no exception
to this.

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Poverty is undoubtedly a major causal factor for trafficking. However, poverty

alone cannot adequately explain this phenomenon. Trafficking is the result of a
complex inter-relationship of multiple push and pull factors. These can include
dysfunctional families and communities, lack of education, domestic violence and
sexual abuse in the home, growing consumerism, urban to rural migration,
homelessness, street life, gender discrimination, corruption, and lax law
enforcement. These factors must be seen within the historical, socio-cultural, and
development context in each country. In some countries commercial child sex
practices have existed for centuries embedded in discriminatory cultural
traditions.

Child labor in India is a grave and extensive problem. Child labour practice is a
worldwide phenomenon. This problem has given rise to a number of socio-
economic problems. It is beyond doubt that children are forced by circumstances
to do labour in a tender age when they should have been studying in schools.
These circumstances are poverty, unemployment, large family, illiteracy and
ignorance of parents. Besides poor labour legislation, inadequate inspecting
machinery, failure to strictly implement the law on compulsory education etc. are
also some of the reasons responsible for child labour. Recently, child labour has
increased in bonded labour particularly in-migrant workers.

The problem of child marriage is another huge problem. Its complexity lies in the
historical moorings and prevailing traditional religious customs.

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Victimization of Women

The victimization of women refers to the various forms of abuse, discrimination,

violence, and harassment that women may experience based on their gender.
This issue is a global concern and takes many different forms, including domestic
violence, sexual harassment, human trafficking, female genital mutilation, child
marriage, and unequal access to education and healthcare, among others.
Gender-based violence and discrimination against women persist in many
societies, cutting across cultural, social, economic, and geographic boundaries.
These issues are deeply rooted in patriarchal attitudes and gender inequality.
Efforts to address the victimization of women often involve legal reforms,
awareness campaigns, educational initiatives, and support services for survivors.
Many organizations and activists around the world work tirelessly to raise
awareness about the victimization of women, advocate for women's rights, and
provide support and resources to those affected. It's important for societies to
continue working towards gender equality and creating safe environments where
women are treated with dignity, respect, and equality.

VICTIMIZATION OF VULNERABLE GROUPS

The victimization of vulnerable groups refers to the specific targeting and

exploitation of individuals or communities who are in a disadvantaged position
due to various factors such as age, gender, socioeconomic status, race, ethnicity,
sexual orientation, disability, or immigration status. Vulnerable groups are often
at a higher risk of experiencing discrimination, harassment, violence, and other
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forms of victimization compared to the general population.

Here are some examples of vulnerable groups and the types of victimization they
might face:
1. Children: Children are vulnerable to various forms of abuse, including physical,
sexual, and emotional abuse, as well as neglect. They may also be victims of
bullying, cyberbullying, and child labor.
2. Elderly: Older adults are susceptible to financial exploitation, neglect, physical
abuse, and scams. They may also experience social isolation and emotional abuse.
3. Women: Women can be victims of domestic violence, sexual harassment, human
trafficking, and gender-based violence. They may also face discrimination in
various aspects of life, including employment and education.
4. Minorities: Racial and ethnic minorities, as well as religious minorities, may
experience hate crimes, racial profiling, and discrimination in housing,
employment, and law enforcement practices.
5. LGBTQ+ Individuals: LGBTQ+ individuals can face discrimination, hate crimes,
bullying, and rejection from family and society. They may also experience violence
and harassment based on their sexual orientation or gender identity.
6. People with Disabilities: Individuals with physical or mental disabilities may
experience various forms of discrimination, abuse, neglect, and exploitation. They
may also face barriers to accessing healthcare, education, and employment
opportunities.
7. Refugees and Immigrants: Refugees and immigrants, especially undocumented
individuals, can be vulnerable to human trafficking, labor exploitation,
discrimination, and hate crimes. They may also face challenges in accessing legal

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protection and social services.

Addressing the victimization of vulnerable groups requires comprehensive efforts
from society, including legal protections, awareness campaigns, support services, and
policies aimed at promoting equality and preventing discrimination. It's essential to
empower these groups, raise awareness about their rights, and provide them with
the necessary resources and support to reduce their vulnerability to victimization.

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UNIT 5
COMPENSATORY JURISPRUDENCE IN
THE FIELD OF VICTIMOLOGY

History of Victim Compensation

Under the Tort Law, victims can claim compensation for the injury or the loss
suffered by them. Recently the idea of compensation to victims of the crime is
gaining much more importance. The modern welfare states have realized the
importance of giving compensation to the victims of the crime as part of their
duty towards the protection of its citizens and also as part of their general
welfare. Many countries have adopted this scheme of payment of compensation
to victims, for example, countries like Canada, Australia, New Zealand, UK, have
created a fund for the payment of the compensation to crime victims.

Compensation is now being awarded as a matter of right not in just criminal law,
but also in constitutional law, environmental law, etc.

There are pieces of evidence that show certain categories of victims of crime
being compensated either by the offender or their kinsmen or by the sovereign,
even in the olden times. In primitive law, it can be found that an injured person
can take similar blood feud from the wrong order of his kin. Later, instead of

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blood feud, the payment of blood money i.e., the penalty paid by a murderer to
the relative of the victim. This was so because, in the primitive societies, the
responsibility of protecting oneself against the crime and of punishing the
offenders vested with the individuals and not with the sovereign, and therefore,
the idea of private vengeance existed.

As and when the societies got systematized, the responsibility of protecting the
citizens from the crime and also that of punishing the criminal shifted to the
hands of the political authorities. But, even then, according to the old Germanic
law- the Code of Hammurabi, the Ancient Hindu Law- The Manu Law, and Islamic
law, the principle of giving the compensation to the victim by the wrongdoer
continued.

At the end of the medieval age, the idea of crime, as an action against the State
took its shape, and the state was considered to be the proper authority to punish
the offender, thought the victim of the crime became the irrelevant factor.

The concept of compensation in India, goes back to 1857, when the Courts made
an attempt to regularise the pollution generated by the oriental gas company by
imposing fines on the company and giving a right to compensation against the
fouling water. No relief was then given for violation of environ- legal right, but in
personal injury cases, the courts hardly awarded compensation for non-
pecuniary loss incurred.

The advent of a right to compensation under Indian constitutional law is not very
old. It was only in the late eighties, that this concept started to grow in India
under constitutional law. This was the innovative concept developed by Indian
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judiciary for securing the justice. The compensation awarded is generally on the
basis of the entitlement of the claimant. The modern concept of justice is more
concerned with providing relief to victims than the necessities of legal principles.

Who is a victim of crime?

 Any person, group, or entity who has suffered harm, injury or loss due to
illegal activities of others. The harm may be economical, mental, or
physical.

 Thus any person who has suffered harm because of violation of criminal law
is a victim.

 A person will be considered as a victim even when the offender is not

identified or prosecuted. Term victim also includes individuals who have
suffered harm as a result of assisting victims in distress or to prevent
victimization.

 Not only the person who suffered loss or injury are the victim, but in some
cases, the near and dear of victims (family members) are also the victims.

Can a victim of crime get compensation in India?

Yes. A victim of the offence can get compensation in India. But there is a
procedure which needs to be followed. We will discuss the procedure at length in
the later part of the notes.

How can the compensation be sought

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The compensation has to be ordered by the court. Compensation can be sought

through the procedure established by the court. Compensation is awarded for
material as well as non-material damages.

Laws governing compensation of victims of crime in India

 The provisions relating to compensation to victims of crime are contained in

sections 395, 395(1), 395 (2), 395 (3), 396, 397, of Bhartiya Nagrik Suraksha
Sanhita, 2023

 Constitution of India also provides for certain safeguards to the victim of

crime. Article 14 and 21 of the Constitution supports the argument.

Victim compensation under Bhartiya Nagrik Suraksha Sanhita,

2023

WHERE CONVICTION AND FINE IS PART OF THE SENTENCE

When an accused is proven guilty, and the court passes an order which contains a
fine of any denomination, the court can order such fine or any part of it to be paid
to the victim of crime. The fine imposed is utilised to compensate the victim of
fine in the following ways.

1 -Compensating for the expenses incurred during litigation

 This is the essential relief which a victim of a crime must get. Litigation
costs in India are very arbitrary. The lawyer charges hefty amount. Getting
justice at times adds to the burden of the victim itself. Instead of getting
justice, the victim is trapped in the honeycomb of justice delivery system.
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 The court knows this fact and thus, compensate victim by providing them
the expenses incurred during litigation.

2- Compensation for loss or injury to be recovered by the civil court

 If the court is of the view that, the compensation sought is beyond the
jurisdiction of the court, the court itself orders the appropriate court to
look into the matter.

 In the payment to any person of compensation for any loss or injury caused
by the offence, when compensation is, in the opinion of the Court,
recoverable by such person in a Civil Court.

3- Compensation in case of death

 One might question the fact that, who is the victim where death has been
caused? As the victim is already dead, who should be compensated for the
crime?

 It is the family of the victim. Think of the mental trauma they might have
gone through. Medical expenses incurred, expenses during last rites. What
if the victim who died was the sole bread earner of the family?

 The Court is well aware of such situation. Therefore, the legislature and the
judiciary tied their hands to do complete justice.

 Victims are entitled to recover damages from the person sentenced for the
loss resulting to them from such death. When any person is convicted of
any offence for having caused the lives of another person or of having

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abetted the commission of such a crime.

4- Compensation of victim of crime in offences like theft, cheating, criminal
breach of trust, etc.

In cases of crime such as theft, cheating, criminal breach of trust, criminal

misappropriation, the Court either tries for recovery of goods and in the case
where recovery is not possible court orders for compensation for the price of such
goods.

COMPENSATION WHERE FINE IS NOT A PART OF THE SENTENCE

The accused person in such case may be ordered by the court to pay a certain
sum as compensation to the victim of crime who suffered loss or injury. Indian
legal system is victim friendly. Victim’s rights are kept at the top of the priority
list.

When a Court imposes a sentence, of which fine does not form a part, the Court
may, when passing judgment, order the accused person to pay, by way of
compensation, such amount as may be specified in the order to the person who
has suffered any loss or injury by reason of the act for which the accused person
has been so sentenced.

VICTIM COMPENSATION SCHEME

In 2009, the central government gave directions to every state to prepare a

scheme which has to be in agreement with the center’s scheme for victim
compensation. The primary purpose of the scheme is to provide funds for the
purpose of compensation to the victim or his dependents who have suffered loss
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or injury as a result of the crime and who require rehabilitation.

Quantum of compensation under the scheme

It is the court which orders that the victim who suffered loss needs to get
compensated. Under the scheme, whenever a recommendation is made by the
Court for compensation, the District Legal Service Authority or the State Legal
Service Authority, as the case may be, decides the quantum of compensation to
be awarded.

Compensation in cases where the accused is not found guilty or the culprits are
not traced

Where the cases end in acquittal or are discharged, and the victim has to be
rehabilitated, the court may make a recommendation for compensation.

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 the District Legal Services Authority for an award of compensation.

Who is to provide compensation in the above case

 The State or the District Legal Services Authority shall, after due enquiry-
award adequate compensation by completing the inquiry within two
months.

 Also, it is the duty of the State or the district legal service authority to
provide an immediate first-aid facility or medical benefits to the victim free
of cost on the certificate of the police.

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Treatment of victim of crime

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 the following of the Bhartiya Nyaya Sanhita, 2023,

 64 – Punishment for Rape

 65 – P u n i s h m e n t f o r r a p e i n c e r t a i n c a s e s
 66- Punishment for causing death or resulting in persistent vegetative
state of victim
 67-Sexual Intercourse by husband upon his wife during separation
 68- Sexual Intercourse by employing deceitful means, etc.
 70- Gang Rape
 71- Punishment for repeat offenders
 124(1)- Voluntarily causing grievous hurt by use of acid , etc.

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Victim Compensation under Constitution

Compensation as a Constitutional Right

According to the view of the liberal world, respect for human rights also mean,
providing adequate relief if those human rights are violated. The right of
compensation for the violation of fundamental rights is derived from the rights
that were violated. As a matter of fact, it is inherent in them, for example, a
Person’s right over his body, makes the other duty bound and forbids him to
attack or injure without any justification. Moreover, this right over one’s body
also gives him the right to compensation if he’s attacked unjustifiably, in order to
help him recover mentally and physically. Compensation is both
acknowledgement of the violated right and an attempt to reimburse for the
damage.

In India, to fill the gap in the fundamental right to compensation, the apex court
has found the monetary way to expiate the abuse of the human rights. The
Supreme Court in Rudal Shah v. State of Bihar, for the very first time laid down
the principle that compensation can be given in the cases where any
fundamental right of an individual has been injured and that the higher courts
have the authority to do so by using the writ jurisdiction and evolved the
principleof compensatory jurisprudence

Is Compensation Palliative or Punitive?

The nature of monetary relief that a petitioner would be entitled to be of crucial

nature. A brief overlook over these cases shows that in all of them the

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compensation given was palliative in nature or as exemplary costs. In many of the

judgements, the Supreme Court also concluded that the award of money in the
writ would not exclude a claim to damages in a civil court. Though, the palliative
compensation is done away with the decision of the Supreme Court in Bhim
Singh’s case. However, the mentioning of the remedy available with the civil court
has been done away with due to two reasons-

1. to ensure that the writ courts do not become submerged with litigation,
and

2. To do away with the cumbersome process of appreciation of evidence and

to calculate the damages payable.
Also, in earlier decisions, the Courts used the concept of the ‘shocking of
conscience’ as an indicator to warrant compensation. But, that was also done
away with the Behera’s case.

Compensation under Probation of Offender’s Act, 1958

Section 5 of the Probation of the Offenders Act, 1958 says that if any person is
released under Section 3 or Section 4 of this Act, even then the court might
order:

-The offender to pay compensation to the victim for the loss or the injury
occurred to him. Or
-Cost of the proceeding as the court may think reasonable.

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Case law
Rajeshwari Prasad v. Ram Babu Gupta, AIR 1961 – The amount of compensation
is purely on the discretion of the court to grant if it thinks it is reasonable in the
case.

Compensation under Motor Vehicles Act, 1988

According to Section 165(1) of the Motor Vehicles Act, 1988 in following
circumstances claimant is entitled for compensation: –
-In case where an accident occurred by use of motor vehicle.
-In case of death or bodily injury (permanent disability) to a person.
-In case where the accident results in the loss of any property of a third party.

National Human Rights Commission

The National Human Rights Commission was established through an Act of

Parliament in the year 1992 by the Protection of Human Rights Act, 1993 for
protection and promotion of Human Rights in India. This is the most important
development in India. This development is the result of an ordinance that was
promulgated by the President.

The Chief Minister’s Conference was summoned by the then Prime

Minister R. Venkatraman in 1992 in order to develop the modalities of setting up
the Human Rights Commissions. Various State Human Rights Commissions have
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also been set up by different State Governments within their states.

Functions of the National Human Right Commission

The functions of the National Human Rights Commission are as follows:

1. Conduct inquiries on its own or on the complaint received from the victim
or some other person on behalf of the victim.

2. The National Human Rights Commission can intervene in the proceedings

of the courts which involve any type of allegation regarding violation of
human rights; such intervention will be done after prior approval of the
court.
3. Conduct research to study the living conditions of the inmates in prison and
other detention places and make suggestions to the concerned authority
for the improvement.

4. Reviews the factors which hinder human rights.

5. It studies international instruments regarding human rights and gives

suggestions to the concerned authority for their implementation.

6. Educate the people regarding human rights available to them and steps
they can take to protect their human rights by organizing seminars,
workshops etc.

7. For the promotion of Human rights, the National Commission for Human
Rights can perform any other function that is considered important.

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State Human Rights Commission

In order to exercise the powers or to perform functions that are assigned to the
State Commission, the State Government may constitute a body known as the
Human Rights Commission of that state.

State Human Rights Commission Functions

The Protection of Human Rights Act, 1933 provides the functions of the State
Human Rights Commission. The functions are as follows:

1. Conduct inquiries on its own or on the complaint received from the victim
or some other person on behalf of the victim.
2. The State Human Rights Commission can intervene in the proceedings of
the courts which involve any type of allegation regarding violation of
human rights, such intervention will be done after prior approval of the
court.

3. It visits jails and several other institutions where persons are detained.
These institutions should be under the control of the State Government.
They visit to study the living conditions of the inmates and they provide
recommendations thereon.

4. Recommend measures for effective implementation of the safeguards

provided in the Constitution.

5. Provide encouragement to non-governmental organization works in the

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field of human rights.

Compensation in case of human rights violation

Immediate legislation for awarding compensation to the victims of crime by

constituting a Criminal Injuries Compensation Board is required to fulfill the
obligation of India to the International Covenant on Human Rights. The sentence
of fine amount prescribed in IPC and enacted more than a century ago and also in
many special statutes like M.V. Act, State Excise Act, Municipal Acts, etc., may be
revised and increased suitably and the fine amount realized by courts can be
diverted to the fund from which compensation can be awarded to the victims of
crime.
In the case of Delhi Domestic Working Women's Forum, the Supreme Court
directed the Government of India to set up a Criminal Injuries Compensation
Board in conformity with the Directive Principles contained under article 38(1) of
the Constitution of India. According to the Supreme Court, compensation for rape
victims must be awarded by the criminal court on conviction of the offender and
by the Criminal Injuries Compensation Board when the case does not end in
conviction. This Board will take into account the pain, suffering and shock as well
as loss of earnings by the victims of crime in fixing the amount of compensation.

The implementation of the above instruction of the Supreme Court by the

Government is the need of the hour.

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