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VICTIMOLOGY[1]
QUESTION BANK
Q.1 What is meant by “victimology”? Write down the history of victimology.
Q.2 Explain about concept and philosophy of victimology.
Q.3 Write a detailed note on the Indian experience on victimology.’
Q.4 Explain in details “Legal framework on victimology’.
Q.5 Explain in detail role of courts in victimology.
Q.6 Narrate role of NHRC in victimology with the help of related case laws.
Q.7 Explain the definition, nature and scope of victims and victimology.
SHORT NOTES
- Rights of victims of crime.
- Role and types of victims.
- Victim and criminal justice system.
- Emerging trends and polices in victimology.
I] Historical Perspective:-
Mendelsohn, Von Henting and Wolfgong are the founders of victimology. They used the term ‘victimology’ in 1940 with restricted means. However, the term ‘victimology’ in today’s sense has been in use since the 1980s.
II] Definition and meaning of ‘Victim’ and ‘Victimology.’:-
The focus of the criminal justice system has been on criminals so far. The rights of the arrested person and the rights of the convict were well known to all; however, the rights of the victim are of recent origin. The victim was a forgotten person so far. However, now a day focus is shifted toward victims, and their rights are also considered.
Generally, the term “victim[2]” refers to all those who experience injury, loss or hardship physically, mentally, psychologically, economically, socially or otherwise due to any cause; one of such causes may be a crime. A person may be an accident victim, flood victim, famine victim, drought victim, blast victim, cancer victim, etc.; however, ‘victimology’ in the criminology sense is restricted to the victim due to crime.
Therefore, the ‘victim of crime’ is the person who has suffered at the hands of a perpetrator of the crime. “Victim” of a crime is defined by S. 2 (wa) of the Cr. P.C. is “a person who has suffered any loss or injury caused by any reason of the act or omission for which the accused person has been charged and includes his/ her guardian or legal heir”.
“Victimology” has emerged as a new branch of criminology dealing exclusively with the victims of a crime who need to be treated with compassion and entitled to compensation and assistance under the criminal justice system.”
III] Categories of victims:-
Victims can be categorised into the following categories-
1) Primary Victims:-
A primary victim is one who actually suffers an injury, whether physical, psychological or financial. Thus, the woman raped, the person looted, and the injured are the primary victims.
2) Secondary Victim:-
Secondary victims are those who suffer injury or harm as a result of injury or harm to the primary victim. He suffers due to some relationship with the primary victim. Thus, children of the raped victim, heirs of persons who died in an accident, family of murdered etc., are the secondary victims.
3) Tertiary Victims[3]:-
‘Tertiary Victim’ is one who experiences harm or injury due to the criminal actions of others, although he has no connection with the attacking or victim parties.
Thus, the community members of the community against which the attack of the riot has taken place, an onlooker who sees crime happening before they suffer its shock, those who suffer trauma by frequent criminality around such as people in war zone areas, etc., are tertiary victims.
Thus, these three categories of victims suggest some sort of hierarchy in the level of suffering. However, it cannot be assumed that the secondary and tertiary victim suffers less trauma than the primary victim. The tertiary victim may suffer physical, psychological and emotional pain similar to that of the primacy victim. Therefore, the above categories are not made as per the level of suffering. Thus, even though, in an accident case, the primary victim is deceased; still, the whole family suffers (who may be secondary or tertiary victims).
IV] Rights of Victims of Crime:-
Victims of crime have the following rights-
1) Right of Compensation[4]:-
Compensation to the victim is a new right that emerged under the criminal justice system. The U.N. General Assembly adopted two resolutions, one in 1985[5] and another in 2005[6] , dealing with the victim’s rights. These Declarations recognise that the victim should be treated with compassion and respect for their dignity. It also recommends measures to improve their access to justice and prompt redress, such as restitution, compensation, rehabilitation, etc. In India, the Supreme Court has recommended providing compensation to victims of rape[7]. Even the Honorable Supreme Court has ruled to pay interim compensation to rape victims[8].
Moreover, S. 357 of the Cr. P.C. provides for the order to compensate the victim of a crime. The Mallimath Committee[9] has also recommended granting compensation to the victim and protecting of victim’s rights. Victims’ compensation Scheme is also to be framed by every State under S. 357 A[10].
2) Right to access to justice and fair treatment[11]:-
The right to access justice and fair treatment includes several rights, such as the right to a hearing at the time of the bail application of the accused (S. 439 (2) of Cr. P.C). The victim can approach the Court of Session or High Court to cancel the bail sought by the accused. The court cannot accept a case closure report without hearing the victim. Compounding of an offence cannot be done without hearing the informant/ victim. Moreover, the victim of a crime can move to the government for the appointment of a Special Prosecutor in his case. The victim can appoint a lawyer but cannot participate in the trial (S. 301 (2). Moreover, the case may be transferred to a suitable court to ensure a fair trial and save witnesses from the threat or winning over. Similarly, to avoid humiliation to the victims, specifically rape victims, the hearing may be held in camera etc.,
3) Right to Restitution[12]:-
Restitution involves compensating the victim of criminal wrongdoing by the offender for tangible economic losses the victim has suffered due to the offender’s conduct.
Restitution usually involves monetary compensation for the value of stolen or damaged property or medical expenses incurred due to criminal injury. Under S. 138, the person whose cheque is bounced in India is restored with compensation.
4) Right to Assistance[13]:-
The right of assistance may be in the form of necessary material, medical, psychological, social, legal assistance, etc., from the Government or other organisations.
V] Position of Victims in India:-
Initially, there was a focus on criminals, punishment to him and his reformation; however, now, days focus is shifted towards victims also.
In his book “Access to Justice”, Justice Krishna Iyar has rightly commented on the plight of victims in India as “the criminal law in India is not victim-oriented, and the suffering of the victim, often immeasurable, is entirely overlooked in misplaced sympathy for the criminal. Though our modern criminal law is designed to punish and reform the criminals, it overlooks the by-product of crime, i.e. the victim”.
Even the Supreme Court has expressed its concern about the poor victim. The court stated that a number of rights are available to the accused or convicts, but a poor victim of a crime is left to suffer the aftermath of his victimisation”; however, since the amendment in Cr. P.C, in 2008, the focus has shifted to the victim also. Even courts, in their various judgments, have stressed victim-orientated pronouncements.
In Rudal Shah V/s State of Bihar[14]
Justice Chandrachud observed that “a person is entitled to compensation for the loss or injury caused by the offence, it includes the injury caused to wife, husband, parent and children of the deceased victim and his family”.
In Bhim Singh V/s State of J & K[15]
The Honourable Supreme Court ordered the State government to pay Rs. 50,000/—to the victim of wrongful arrest.
Thus, the trend is well settled in favour of awarding compensation to the victims in several cases, including rape cases.
VI] Role of the National Human Rights Commission in Victimology:-
The National Human Rights Commission of India is constituted to protect human rights. The protection of victims is also one of the important human rights. The Commission has played a very important role in the protection of ‘victims’.
On the commission’s insistence, compensation to the victim is introduced in India. Moreover, some laws to protect victims’ interests have been passed. Parliament has recently passed The Protection of Woman from Domestic Valence Act 2005, The Maintenance and Welfare of Parents and Senior Citizens Act 2007, The Scheduled Castes and The Scheduled Tribes (Protection of Atrocities) Act 1989 etc.,
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[1] पिडीत व्यक्ती विशयीचे षास्त्र
[2] पिडीत व्यक्ती / ज्या व्यक्तीविरूध्द गुन्हा घडला / ज्या व्यक्तीस गुन्हयाची पिडा सोसाविलागली असा व्यक्ती
[3] त्रयस्थ पिडीत व्यक्ती
[4] अर्थिक नुकसान भरपाईचा अधिकार
[5] The Declaration on Basic Principles of Justice for victims of Crime and Abuse of Power, 1985
[6] The Basic Principles and Guidance on the Right to Remedy and Reparations for victims of Gross Violence’s of International Human Rights Law and Serious Violations of International Humanitarian Law 2005
[7] Delhi Domestic Workmen Forum v. Union of India (1995)1 SCC 14
[8] Bodsattwa Gautam v. Subhra Chakraborty AIR 1996 SC 922.
[9] The Committee on Reforms of Criminal Justice System 2003
[10] As amended in 2008
[11] न्यायाचा व न्याय वागवनुकीचा अधिकार
[12] मालमत्तेस झालेले नुकसान मालकास भरपायी करून देऊन त्यास पुर्वस्थितीत आणने
[13] मदतीचा अधिकार
[14] AIR 1983 Supreme Court 1086
[15] AIR 1986 Supreme Court 498