VICTIMOLOGY : A SUB-DISCIPLINE OF CRIMINOLOGY
A Project submitted to Indore Institute of Law, Indore
B.B.A.LL.B.(Hons.)
Under the guidance and supervision of
Assistant Prof. Komal Shrivastava
Submitted By
Aditi Singh Parmar
Subject- Penology Victimology
VIIIth Semester, IVth Year, B.B.A.LL.B.(Hons.)
2018- 2023
Indore Institute of Law, Indore
CERTIFICATE
This is to certify that Ms. Aditi Singh Parmar B.B.A.LL.B.(Hons.) 2018-2023 has
submitted his project titled VICTIMOLOGY : A SUB-DISCIPLINE OF CRIMI-
NOLOGY in partial completion of the requirement for the award of the degree of
Laws to the Indore Institute of law, Indore under my guidance and supervision. It is
also affirmed that the project submitted by her is an original, bona-fide and genuine
piece of work.
Date: Assistant Prof.
Place: Indore Institute Of Law, Indore Komal Shrivastava
DECLARATION
I hereby declare that the work embodied in this project entitled VICTIMOLOGY : A
SUB-DISCIPLINE OF CRIMINOLOGY researched and submitted by me to Indore
Institute of Law, Indore in partial fulfilment of requirement for the award of the de-
gree of Laws, under the guidance of Assistant Prof. Ms. Komal Shrivastava , is an
original and bona-fide work carried out in academic interest. The views expressed in
this work are mine and do not represent any person, organization or community.
Ms. Aditi Singh Parmar
B.B.A.LL.B.(Hons.),
VIIIth Semester
ACKNOWLEDGEMENT
I am thankful to God Almighty for his choicest blessings which he has abundantly
showered upon me. I express my sincere and heartfelt gratitude to my guide, Assis-
tant Prof. Ms. Komal Shrivastava, Indore Institute of Law, Indore. The corrections
and editions suggested by her have helped immensely into shaping my project into
the form it is today. She took interest in my work and has given shape to my ideas
with her rich and scholarly legal acumen and academic experience without which the
completion of this project would not have been possible.
Thanking You
Ms. Aditi Singh Parmar
Introduction
If Criminology could in nutshell be described as the science of crime i.e. ‘the study of law making,
law breaking and societal reaction to law breaking, Victimology could similarly be defined as sci-
ence of crimes and their victims.
Andrew Karmen who wrote a text on victimology entitled-“Crime victims: An Introduction to victi-
mology,1990” broadly defined Victimology is the study of- a) Victimization, b) Victim offender re-
lationship, c) Victim criminal justice system relationship d) Victim and media, e) Victim and the
cost of crime and f) Victim and social movements.
The administration of criminal justice is not much concern with the victim of crimes. The entire fo-
cus of the criminal justice system is on the offender, either to punish him or to seek him reformation
or rehabilitation. Thus, the liberal criminology unfortunately ignored the victim and concentrated
mainly on protection of interest of criminals .Very recently the attention has been drawn to protec-
tion of interest of victims of crimes which has resulted into a new discipline commonly known as
Victimology. Criminal law does not give separate identity to victim of crime. A victim is viewed in
relation to offender and therefore, Mendelsohn describes victim and offender as “ Penal couple”.
However, the development of victimology has brought the victim of crime to centre stage and he is
no more a “forgotten man.”
In order to protect the interest of victims of crime, President G.R.Ford (U.S.A.) opined- For too
long, the law has centered its attention more on the rights of the criminals rather than the victims of
crimes. It is high time we reversed this trend and put the highest priority on the victims and poten-
tial victims.
History of Victimology
Victimology is the scientific study of victims of crimes, a sub-discipline of criminology. It seeks to
study the relationship between victims and offenders; the persons especially vulnerable to crimes
and the victim’s placement in the criminal justice system.
At first (going back to the origins of criminology in the 1880s), anything resembling victimology
was simply the study of crimes from the perspective of victims .The scientific study of victimology
can be traced back to the 1940s and 1950s. Two criminologist , Mendelsohn and Von Henting , be-
gan to explore the field of victimology by creating “typologies”. They are considered the “fathers of
study of victimology.”
These new “victimologists” began to study the behaviors and vulnerabilities of victims. Mendel-
sohn created a typology of six types of victims, with only first type, the innocent, the other five
types are contributed somehow to their own injury, and represented victim precipitation.
Von Hentig (1948) studied victims of homicide, and said that the most likely type of the victim is
the “depressive type” who is an easy target, careless and unsuspecting.
Wolfgang’s research (1958) followed this lead and latter theorized that “many victims –precipitate
homicides were in fact caused by the unconscious desire of the victims to commit suicide.
Theories of Victimology
Followings are the few theories of Victimology-
1. Luckenbill’s Situated Transaction Model,
2. Benjamin & Master’s Threefold Model, and
3. Cohen & Felson’s Routine Model.
Definition and Concept of Victim
The concept of victim dates back to ancient culture and civilization. Original meaning was rooted in
idea of sacrifice i.e. the execution of man or animal for the satisfaction of a deity.
During the founding of Victimology in 1940s, victimologists such as Mendelshon, Von Hentig and
Wolfgang describe victims as helpless dupes who instigate their own victimization.
Today, the concept of victim includes any person who experiences injury, loss or hardship due to
any cause.
The term crime victim generally refers to any person, group or entity who has suffered injury or loss
due to illegal activity. The harm may be physical, psychological or economic thus, the victim of
crime to be understood in a comprehensive and inclusive sense and not in its narrow sense. It must
also include a collectivity comprising a group, a class, or a community of persons- racial, economic,
political or religious to whom harm, damage, loss, injury both physical and psychological have been
caused by an individual wrongdoer or group including persons in lawful authority by abusing his or
their lawful powers.
Victim participation in crime
Dr Hans Von Hentig made the first ever study of the role of victims in crime and found some gen -
eral characteristics among them which may be summarized as follows-
1. The poor and ignorant and those who are greedy are the victims of offences involving fraud.
2. The victim of larceny (theft) or intoxicated or sleeping persons.
3. Wanton or sensual persons may become victim due to situations precipitated by themselves.
Mendelsohn studied victim on the basis of their contribution to crimes and classified them into fol-
lowing categories —
1. Completely innocent victim, e.g. children, person in sleep.
2. V oluntary victim, e.g. who commit suicide.
3. Victims who are more guilty than the offenders, e.g. who provoke others to commit crimes.
Persons needing special attention
Certain categories of vulnerable persons and victims needs special and greater attention-
1. Elderly Victims
In western countries elderly persons tend to be in lower income groups and have, therefore, needs
special attention. In U.S.A. the problem of crimes against elderly persons is sufficiently serious to
have drawn the attention of White House Conference on Ageing held in 1973.
These factors may not be much relevant in traditional countries like India where elderly people by
and large, live with their children and they do not generally have to face any peculiar problems of
physical insecurity. Even though Indian Parliament have enacted legislation for protection of old
age persons in 2007, namely- “Maintenance and Welfare of Parents and Senior Citizens Act, 2007.”
2. Child Victims
The problem requires attention regarding offences involving violence in general and sexual abuse in
particular. They need special attention because inept handling by the law enforcement agencies may
prove to be even more damaging than the crime committed against the child. Some special measure
are, therefore called for which may do away with the appearance and cross-examination of the child
in the law court. An innovation in this area has been introduced in Israel regarding the ‘Reception of
the Evidence Revision (Protection of Children) Act, 1955. The purpose of law is to protect the child
from the undesirable effects of testimony in the police station or the court. Under this law a child is
examined by a young “interrogator” who decides as to under what conditions the child should, if at
all, appear before the court.
3. Victim of Sex Offences
Offences against women in particular serious offences such as that of rape, have been increasing ev-
erywhere including in traditional societies like India and greater attention is now being given to the
problem of victims vis-à-vis to the criminal justice system. Perhaps this class of victims, irrespec-
tive of the age factor, deserves the maximum consideration in view of the emotional, psychological
and human problems involved. The police and court proceedings may be as traumatic as the offence
itself which led to the proceedings. The feeling is almost universal among the victims that instead of
being treated as the culprits. The rules of criminal law and evidence, for all practical purposes are ti-
tled against the victim as evident by the requirements given below;
• It is for the prosecution to prove the lack of the consent on the part of the victim. The courts often
insist that proof to be given of the resistance offered by the victim.
• The credit of rape victim may be impeached by showing that she was of generally immoral char-
acter. Highly humiliating and scandalous questions are often put to the victim despite the legal bar
against the questions. Lastly, some legislative measures have been introduced in order to alleviate
the sufferings of the rape victims.
Disclosing the identity of the victim of the offence of rape has been made punishable. 9 Proceedings
in a rape trial are to be held in camera.10 A new provision has been introduced in the Evidence Act,
1872 laying down the presumption that there is no consent of a victim of rape if the offence was
committed by the husband during judicial separation from the victim and in cases where the offence
was committed while the victim was in custody of the police or were in hospital or in a rehabilita-
tion home. 11
In USA one significant development has been the creation of ‘Rape Crisis Centers , these Centers’
have all female participants including some Rape Victims whose common concern is the problem of
Sex Crimes and they aim at providing counseling and other therapeutic measures to the victims.12
4. Female Victims
In western society, the issue regarding criminality against women generally pertain to and are con-
fine to sexual offences but in Indian setting, women are exposed to gang rape by police men or by
dominant cast groups, sati, wife beating, prostitution and even occasional witch-hunting. Legisla-
tion exists but effective enforcement of the laws is not forthcoming.
Dowry death caused by the husband and in-laws of the helpless women, who are unable to fulfill
their husband’s or in-laws’ demand based on greed, are quite often given the color of suicide.
5. Weaker section
Members of ethnic, religious or linguistic minorities in pluralistic societies may be especially vul-
nerable to crime, in conflict resulting from socio-economic imbalance and political factors. A num-
ber of caste and communal riots occur each year in the country and lead to the murder, rape and
looting of property on a large scale in which the main sufferers obviously are those belonging to mi-
nority and weaker sections. Hardly any administrative or legal action is possible and even lesser is
the possibility of the protection of victims and of punishment to the perpetrators of the ghastly
crimes.
Concept of compensation to victim
It may be discussed under two heads-
• Traditional concept and
• Modern concept.
a) Traditional concept
“Ubi remedium ibi jus”13 principle was traditionally applicable for awarding compensation. Almost
in all primitive society the concept of true criminal law was unknown. Every crime including mur-
der could be paid for by way of pecuniary redress. Indeed every crime was a civil wrong and not an
offence against society at large. All old codes- Roman, German, English or Islamic gave emphasis
on the question of compensation and restitution.
B) Modern Concept
“Ubi jus ibi remedium” 14 principle is now applicable. Modern concept of compensation is that no
one should left without remedy.
In U.K, Compensation are payable in under the ‘criminal injuries compensation scheme, 1964.’ The
basis of quantum of compensation is same as that of damages in civil injuries and the money
payable is for pain and suffering& loss of earning capacity. Under the revised scheme of 1973, it is
now possible to give compensation for injuries caused by one family member to another. The Crim-
inal Justice Act of U.K. provides that if a court contemplates to impose both fine and compensation
order, and the offender lacks the capacity for both the payments, the court is to issue compensation
order only. Since 1988, the law requires the court to record reason if no order for compensation is
passed.
In U.S.A, California was the first State to introduce laws to compensate victims of violent crimes in
1965 and as of now, 45 out of 50 States have such programmes and restitution. Legislations have
been passed by all the states to empower the courts to order compensation by the offender to the
victim and reasons must be recorded when the compensation order is not passed.
In India following legislations are there which talks about victim compensation scheme.
i)- Code of Criminal Procedure,1973-
Section 357 is the main provision dealing with compensation to crime victims15. It says that when-
ever criminal court imposes a fine....the court may order the whole or any part of the fine recovered
to be applied in the payment of any person of compensation for any loss or injury caused by the of-
fence when compensation is, in the opinion of the court, recoverable by such person in a civil court.
Further sub section (3) of section 35716 provides that 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 suf -
fered any loss or injury by reasons of the act for which the accused person has been sentenced.
Again section 357-A17 lays down the “Victim Compensation Scheme.”
The court has very limited discretion u/s 357(1); it can give compensation only out of the fine if im-
posed on the offender. The court has, however, much more discretion u/s 357(3); though only if fine
does not form a part of the sentence. Theoretically the power of the court is unlimited, though prac-
tical consideration would prevail. A Magistrate can order for higher compensation than the amount
of fine he can impose.
In Sarvan singh v/s State of Punjab18 it was said by the court that in awarding compensation the
court should just consider what compensation ought to be awarded to the heirs of the deceased and
then impose fine which is higher than the compensation. The court laid down that the amount of
fine should be determined on the basis of various factors including the nature of crime, number of
injuries and the paying capacity of the offender. In Mohammed Shah v/s Emperor19 the offender
was awarded one years’ imprisonment and a fine of Rs 500 out of which Rs 400 was awarded to the
heirs of the victim. The judicial attitude is, however, reflected somewhat differently in Guruswami
v/s State of T. N. it was held that in a case of murder it is only fair that proper compensation should
be provided for the dependents of the deceased. A perusal of a subsequent case, Baldev Singh v/s
State of Punjab also indicates that quite often Supreme Court prefers to substitute a severe punish-
ment given to offender in award of compensation to the victim in death resulting due to family feud.
Further, in Dr Jacob George v/s State of Kerala where a homeopath attempting to procure an abor-
tion by operating upon a woman caused her death, the Supreme Court reduced the imprisonment to
the two months already undergone. The fine imposed upon the petitioner was increased from Rs
5000 to one lakh required to nurse the child of the deceased reasonably well.
ii)-The Probation of offenders Act,1958-
The Act lays down that while releasing an accused on probation or on admonition the court may or-
der offender to pay compensation and cost to the victim concern.
iii)-The Motor Vehicles Act,1939-
Act empowers the Government. to establish and administer a “Solatium Fund” out of which com-
pensation can be paid in cases of death or grievous hurt.
iv)- Fatal Accident Act, 195525 v)- Indian Railway Act, 1890
vi)- Workmen’s Compensation Act,1923 also talks about the victim compensation scheme.
vii)-Article 21 of the Constitution of India- Supreme Court has expanded article 21 and incorpo-
rated new branch of study from Rudal shah to Chandrima Das30 wherein Supreme Court evolved
the “Victim compensation scheme.” Although it has been criticized by various scholars31 in the
name of unbrinded expansion of life and personal liberty.
CONCLUSION
Criminology is mainly concern with the criminals, their social backgrounds, the causes of criminal-
ity, methods of punishment and crime prevention setc. Little attention has been made on the victim
either as instigator of crime or as deserving protection of administration and society for rehabilita-
tion in an honorable and dignified way. Victimology is not confined now in studying the ‘Penal-
couple’ relation only, the compensation to victim is also gaining importance. A person sustaining
injuries or his dependents in case of his death may be provided compensation. Western countries
like U.K. &U.S.A. have enacted a separate branch of law in this regard. In New Zealand, the provi-
sion has been made for “indemnity fund” in the State Treasury. In India, various legislations in gen-
eral and The Code of Criminal Procedure, 1973 in particular which talks about the compensation to
victims of crime. A new provision in the code has been added in 2008 i.e. section 357-A which in-
corporates ‘victim compensation scheme’. Even though various legislative measures are there for
the protection of victim of crime but writer is of the view that “Victimology”should be a separate
branch of study as a sub-discipline of “Criminology”.
