CHAPTER XXVII

Victimology
affects a large number of
victims who
harm which needs to besuffer physical, social, financial
Aenal injury orjustice. or
to
access
them casy assistance
promptly
Though, the victims of crimeredressed by providing
from their have
or community, theygenerally found
and
remained "forgotten person" family, tribe
support
large, in the crimninal
justice have, by and
isonly
in recent decades
attention of
that the impact of the administration
victimization on crime
system. It
persons drew criminal law jurisdictions around the world affected
convincedthat the victims needed to be treated with and they were
andfundamental rights must be protected and preserved. compassion and their dignity
Victimology---Definition & Meaning'
Rroadly speaking victimology may be defined as the scientific study of
victimisation, including the relationships between victims and
offenders, the
interactions between victims and the criminal justice system; that is, the
police and
COurts. and correctional officials. It also includes connections between victims and
other social groups and institutions, such as the media, businesses and social
movements. However, the term victimology is not restricted to the study of
crime-victims alone but it may extend to other forms of human rights violations that
crimes.
are not necessarily
The term 'victim in general parlance refers to all those who experience
niury Joss or hardship due to any cause and one of such causes may be crime.
Therefore, victimology may be defined as a study of people who experience injury
or hardship due to any cause. Such injury or harm may be physical, psychological,
emotonal or financial. It therefore, follows that 'victim of crime' is the person who
has suffered at the hands of perpetrator of crime.
Victimology has now emerged as a branch of criminology dealing exclusively
with the victims of crime who need to be treated with compassion and rendered
compensation and assistance under the criminal justice system. While criminology
is concerned mainly with the causation of crime, victimology is primarily concerned
WIn the study as to why people fall a victim to crime and how they can be helped
offenders through access to
aiu assisted against abuse of power or criminal acts of
the steps to be taken to prevent
criminal justice system. The study also outlinesremedies to the victims of crime.
victimisation against crimes and provide legal
Historical Perspective criminology may be traced back to
The origin of as a part of Mendelsohn, Von
1940's when victimology notably,
of this branch of knowledge, mean "hapless dupes who
Eig founders
Hentig and Wolfgang to use the term to
1. Andrew Karman initially tended
Crime Victims : An Introduction to Victimology (2003) p. 7.

(763 )
 764
Criminology and Penaloy
instigated their own victimization" which they termed as
However, the notion of "victim 'victim
by 1980's and the term 'victim' was precipitation"
interpreted in
invoked
a criticprissense
emcipibytation'
"anyone caught up in an asymmetric more wider
'asymmetry' connotes anything imbalanced,relationship or situation. The wrd clude feminis
tO
exploitative.
disturbing. alienating or having inherent suffering. parasitical,
concept of victimology includes any person whoThus. in the modern oppres rve
hardship due to any cause. The term may be used in
injury.Sense.oss the
experiences
victims, tlood victims, famine victims, tsunami many forms r
victims, such as
victims and so on. The common element in all of
them
blast
injury or harm caused by forces beyond victim's control. some kind of cater
is victims. accidens
UN Declaration of Principles of Justice for Victims of
suf ering.
of Power (1985) Crime &Abuse
The basic principles formulated for Justice for
Declaration (1985) identified the following areas crime victims under the UN
(i) Access to Justice and fair
treatment;
(ii) Restitution;
(iii) Compensation; and
(iv) Assistance.
Thereafter, the European Forum for Victim's Services in 1996 issued a
statement of the Victim's Rights in the
Process of Criminal Justice. Conseguently.
the Council of Europe
adopted on June 14, 2006.Recommendations
on assistance to Crime Victims were

Victimological Developments in Indian Criminal Law Jurisprudence

The unsatisfactory situation with regard to
in contrast to global developments caught protection of crime victim's rights
as a result of which, it made attention of the Law Commission of India
suggestions for introduction of provisions for
compensatory relief to crime-victims under the Indian law of crimes and procedure
in its 154th Report (1996).
The Law Commission of India in its 154th Report on the
Code of
Procedure devoted an entire chapter to Victimology' in which the Criminal
emphasis on victim's rights in criminal cases was discussed extensively. growing
The
Commission noted that increasingly, the attention of criminologists, penologists and
law reformers has been directed to victimology, control of victimization and
protection of victims of crimes. The incidents of crime often entail substantive
harms to people and not merely symbolic harm to social order. Therefore. needs
and rights of victims of crime should receive priority attention in the total response
to crime. One universally recognised method of protection of victims Is he
compensation to victims of crime.!
As a matter of fact, the principles of Victimology have their roots in s
Indian Constitution itself. The fundamental rights enshrined in Part lll o
Constitution and directive principles of state policy in Part IV form the butwor
a new social order in which social and economic iustice would blossom in u
1, Suresh and Another v. Stale of
Haryana, AIR 2015 SC SI8 (Para 47).
 Victimology
country.! Article 765
of the Indian 51-A mandates, inter
duty
of every These citizen to have alia,
that it is a
adeDlal
Oerelon
humanism.
principles.
cOmpassi on
provisions formed the basis for living creatures
for
ynogikal
provisions relating to development of
he
and 157-A of compensation for
Ihough
Sections 3,57 the Code of crine
in
n2dorrefusalof compensation is mainly left discretion ofvictims
to theCriminal are
the Court.
are several inherent Procedure, 1973.
limitations as these
of the perpetrators of
subject to financial crime, that tooprovisions can be invoked
depends at the
capacity
of the accused.
NNedthatvictims have the right to get justice and Itremedy discretion
hardly forneedsthe toharmbe
asaresult of crime, independent of the right to restitution. Therefore, State
ensure that the
a mechanism to victim's right to be compensated for
Caused to him is not ignored or
defeated. Not only this, the
A
wshouldbe reviewed and expended to provide that interim
1jury Compensation could compensatory
t idtothevictim of crime at the earliest, irrespective of stage of enquiry or trial,
application of the victim or suo motu by the Court
on
JIstice
Malimath Committee Report (2003)
JusticeMalimath Committee Report on victims of Crime and reforms in
Justice System (2003), inter alia observed : -
aminal
istorically speaking, criminal justice system seems to exist to
protect the power, privilege and values of the elite sections of
society. The way crimes are deefined and criminal justice system is
administered, shows that there is an element of truth in the above
perception even in modern times. However, over the years
ominant function of criminal justice is projected to be protecting
all citizens from harm to their person or property, the assumption
being that it is the primary duty of the State under the rule of
law...Criminal justice came to comprehend all about crime and
criminal, the way he is dealt with, the process of proving his guilt
and the ultimate punishment given to him. The civil law (of torts)
was supposed to take care of the monetary and other losses
suffered by the victim. Thus, victims remained marginalized and
the state stood forth as the victim to prosecute and punish the
aCcused."
the Code of
The Committee found no credible reason for the provision in the offender
iminal Procedure, 1973 that compensation could be awarded only if
been Convicted of the offence with which he is charged.
to
The suggested that the right of victimand
Malithemath
against
Committee in its report
trial
extended
court should be further limited tothe
gt 9appeal order passed by the
not only be prosecution
against acquittal to the High Court should well, where
eout ion but
ities to file the should be available to the accused as

result appeal. by the Malimath Committee,

of the Tecommendations made
.
2. InArtsRe,
. 38 State of Assam &two others PIL Suo Motu No. 26120 is decided on 24.4.2013.
and 39(6) & (C).
766 Criminology and Penoloy

Section 372 of Cr. P.C. as amended by the Cr. P.C.

provides that the victim need not approach the prosecution
for
(Amendment)
Act,
its 2008 noW
approval to file an appeal against the acquittal of the accused.
Section 357-A was inserted in the Cr. P.C. by the Cr.P.C.
BesidConsent
es, Acta neworof
2008 which pruvides for compensation to victims of crime and
constitutional rights.
Thus, it would be seen that the amendment of the
(Amendment
protection) of their
Code of
Criminal
in 2008 made a true beginning towards statutory recognition
victim's rights under criminal justice system in India and now
and criminal law administrators to ensure the implementation of
andis
protePrctoicedur
for the of on e
spirit. this aw incourts
true
Theories of Victimology
With the advance of victimological studies, the
theoryvictim of
precipitation came to be perceived as a negative approach to victim
only focused on how victim's own contribution led to his
victimization. because it
destructive Therefore,
most of the criminologists refuse to
accept this theory, it being in
nature.
Marvin Wolfgang, who opposed the theory of 'victim precipitation', believed
in the phenomenon, of 'victim facilitation' rather than victim
blaming'. He did not
blame the victim but asserted that the interactions of the victim make
him/ber
vulnerable to a crime. Thus, the idea behind victim facilitation is to study the
elements that make victim more accessible or vulnerable to a crime attack.
Benjamin Meldelsohn propounded a three model theory of victimology and
observed that the conditions that precipitate crime can be classified into three
general categories as follows :
(1) In terms of time and space, the victim being in the wrong place at a
Wrong time.
(2) Attracting factors and life-style also create a fertile ground for
incidence of crime.
(3) There are certain pre-disposing factors such as being too young, being
too poor, being in minority, being unemployed etc. which may lead to
the victimization of a person to crime.
Later, Cohen and Felson (1979) came out with their Routine Activities
Theory', which pre-supposes that a crime occurs when three conditions come
together, namely (i) suitable target, (ii) motivated offender(s), and (iii) absence
of security or parental care or guardianship.
Earlier, when criminology was in its emerging stage, victimology simply
meant study of crime from the perspective of the victim. Mendelsohn and Von
Hentig were the first to explore the possibility of developing victimology as a
independent branch of criminology and therefore, they are considered as the 'father
of victimology."
To begin with, Von Hentig concentrated on the study of behaviours anu
vulnerabilities of victims of crime, such as resistance of rape victims or victims o
murder. He concluded that crime victims were mostly "depressive type who fell an

1. IL means blaming the victim himself/herself for his/her victimization and suffering e.g
unwanton posture or indecent exposure by women in public place.