1

CTOBER 4, 2016 It thus became important to gain

A brief study of concepts of knowledge about victims of crime, the
Victimology and Rightsof Victims struggles faced by such people in
under Indian law coping with the adverse effects of a
criminal act, and how could the
Introduction Justice System compensate and
During ancient times, victims had rehabilitate such victims.
many rights and they used to play a
crucial role in the criminaljustice The study of victims or victimology is
system. This was true during the reign a relatively new field of academic
of Hindu kings as well as the Muslim research. Until few decades ago it
Period. Even thoughtheir system of would have been difficult to have
criminal trial and punishment was found any criminological agency (offi
harsh and in many cases absolutely cial, professional, voluntary or other)
barbaric (forinstance, trial by ordeals), or research group working in the field
the main aim was to impart justice to of victims of crime, or which
the victims. considered. A brief study of concepts
of Victimology and Rights of Victims
However, with the emergence of the ‘ under Indian law crime victims as
adversarial system of justice ’, the having any central relevance to the
plight of the victims became worse subject apart from being a sad
and they became forgotten people product of the activity under study,
except for their minor role in the i.e., criminality.
criminal justice system as a
prosecution witness. It was believed Victimology has from its inception
that the claim of the victim was adopted an interdisciplinary approach
sufficiently satisfied by the conviction to its subject matter. The purpose of
and sentencing of the off ender. the study of victimology is:
To enhance our understanding
This assumption is neither fair nor regarding victims and impact of crime
just. Justice demands that when on them.
society and the State are resorting to To analyse the magnitude of the
every possible measure of correction victim’s problem
and rehabilitation of offenders, equal To explain causes of victimization,
concern must be shown for the and
victims by at least providing To develop a system of measures to
compensation to them for their loss, reduce victimization.
agony, physical and mental torture.
 2

Victimology: Meaning, Nature and victim profiling

Scope
Meaning: Some Definitions:
Victimology may be defined as the Schultz(1970)-
scientifi c study “Victimology is the study of degree of
of victimization, including the and type of participation of the victim
relationships between victims and off in the genesis or development of the
enders, the interactions between the offences and an evaluation of what is
victims and the criminal justice just and proper for the victim’s
system; that is, the police and courts, welfare.”
and correctional officials.
Drapkin and Viano
It also includes connections between (1974)-
victims and other social groups and “Victimology is the branch of
institutions, such as the media, criminology which primarily studies
businesses and social movements. the victims of crime and everything
that is connected with such a victim.”
In a narrow sense, victimology is
empirical, factual study of victims of Victimology has thus emerged as a
crime and as such is closely related to branch of criminology dealing
criminology and thus maybe regarded exclusively dealing exclusively with
as a part of the general problem of the victims of crime who need to be
crime. treated with compassion and
In broader sense, victimology is the rendered compensation and
entire body of knowledge regarding assistance under the criminal justice
victims, victimization and the efforts of system.
society to perverse the rights of the
victim. Hence, it is composed of Nature:
knowledge drawn from such fields as Whether victimology is part of
criminology, law, medicine, criminology?
psychology, social work, politics, There is a constant strife on this topic.
education and public administration. According to Kirchhoff,
“there is a criminology that calls itself
The term ‘victim’ in general parlance victimology when analyzing problems
refers to all those who experience from a victim’s perspective.” But
injury, loss or hardship due to any victimology is not criminological
cause and one of such causes maybe victimology. Historically, however,
crime. Therefore, victimology may be victimology bloomed in criminology
defined as a study of people who but victimologists started asking
experience injury or hardship due to different questions and they
any cause. It involves study of victim developed different strata of interests
characteristics and maybe called ‘ and explanations.
 3

Though victimology has close funds for the victims, in addition

connection to the concept of crime, todeveloping and implementing
the focus of victimology is the victim witness protection policies.”
and not the whole social structure and
role of crime and criminal law in it. Thus, victimology is also a service.
Hence, victimology is now evolved
into an independent subject matter of Whether victimology is blaming the
study. victim?
One aspect of victimology is blaming
The Science of victimology the victim for his own plight. However,
In the first symposium of Victimology most victimologists reject theories of
held in Jerusalem it was stated that, “victim blaming”. They simply explore
“Victimology is the scientific study of the process of victimization with the
victimization, including the goal of understanding it and
relationships between victims and off preventing it.
enders, the interactions between
victims and the criminal justice Scope of Victimology
system- that is, the police and courts The victim is the forgotten party in the
and the correctional officials, and the criminal justice system. It would be
connection between victims and other factually wrong if this type of criticism
societal groups and institutions, such would still be maintained today.
as the media, businesses and social
movements. Victimology has come of age. Victims,
their needs and their rights, are being
Victimology as a science cannot be consistently acknowledged in words, if
isolated from reality, even difficult not in deeds.
realities. Science needs to gobeyond 1.
the purely observable ‘fact’ of Victimology is study of crime from
victimization. Therefore, victimology victim’s point of view:
as a science requires an analysis and Victimology is study of crime from
interpretation of victimization. victim’s point of view. After the
Second World War the plight of
Whether victimology is science or victims was seriously considered by
service? many criminologists in Europe. B.
The Vienna Declaration on Crime and Mendelsohn developed this branch of
Justice in 2000 declared that “We criminology as there was growing
establish 2000 as a target datefor concern for the plight of victims of all
states to review their relevant crime. The FirstInternational
practices, to develop further victim Conference on Victimology under the
support services and awareness auspices United Nations was held in
campaigns on the rights of victims Jerusalem in the year 1973 followed
and to consider establishment of
 4

by another conference in Boston in consumers by large enterprises. An

1976. important object of the criminal justice
There are many seminars and studies system is to ensure justice to the
on victimology at the regional, victims, yet he/she is not given any
national and international level substantial right, not even to
highlighting the problems of victims, participate in the criminal roceedings.
legal position of victims in criminal To achieve this goal, training and
proceedings, compensation for education in victimology by trained
victims. professionals of criminal justice will
help.
Victimology analysis the victim-off
ender relations and the interactions Declaration of Basic Principles of
between victims and the criminal Justice for Victims of Crime and
justice system: Abuse of Power’ (UN, 1985) also
The process of being a victim involves defines the victims of abuse of power
two dimensions, individual and like the victims of crime.
societal. It is therefore incumbent The suffering through impairment of
upon victimology to develop fundamental rights is included. The
theoretical models that cut across Declaration makes it clear that far
levels of analysis and which more victimization occurs as a result
incorporate the dynamics of normal of the actions of governments and
social intercourse as a basis of business institutions than ever arises
understanding how victims cope and from what are defined ascrimes under
in addressing victim needs. There are national laws.
3 interfacing roles:
Victim Victimology is study of restitution and
Persecutor compensation of the damages caused
Rescuer to the victim by the perpetrator of
crime:
The victim requires a ‘persecutor’ the Modern state is a welfare state in
one who victimizes and the process is which the welfare of its citizens is of
complete when there is a ‘rescuer’, paramount importance. With new
one who saves the persecutor. developments in the fi eld of
victimology, the victims of crime have
Victim of abuse of power: assumed a significant role. Now, eff
Term ‘victim of abuse of power’ is orts are made to provide restitution to
such a broad and ambiguous concept the victims. Compensation is given
that sometimes it is argued that this with the object of making good the
concept includes, for example, abuse loss sustained by the victims or the
of power between States or between legal representatives of the deceased.
races, and even economic
exploitation of employees and
 5

Victimology is the study of dependents of the direct victims and

Victimological clinic: persons who have suffered in
If we look at clinical victimological intervening to assist victims in distress
work, the treatment of victims, we or to prevent victimization.”
have not only to look at hospitals; we
have to look at whole array of victim In Section 2 (wa) of the Code of
assistance organizations who are Criminal Procedure, 1973, “Victim
actively working to alleviate the means a person who has suffered any
burden of victimization. loss or injury caused by reason of the
act or omission for which the accused
Thus, it is important to understand: person has been charged and the
Victim’s crime-related mental health expression victim includes his or her
problems What aspects of the criminal guardian or legal heir.”
justice system process are stressful to
victims?
Classification of Victim:
What can be done to help victims with
(i) Primary Victim
their crime-related health problems
Any person, group or entity who has
and stress regarding the criminal
suffered injury, harm or loss due to
justice system?
illegal activity of some one is called a
Concept of Victim primary victim. The harm may be
The UN Convention on Justice and physical, psychological or financial.
Support for Victims of Crime and
Abuse of Power defines the victims in (ii) Secondary Victim
Article 1 as There may also be secondary victim
“(1) ‘Victims’ means natural persons who suffer injury or harm as a result
who, individually or collectively, have of injury or harm to the primary victim.
suffered harm, including physical or
mental injury, emotional suffering or (iii) Tertiary Victim–
economic loss or violations of Tertiary victim are those who
fundamental rights in relation to experience harm or injury due to the
victimizations identified under ‘scope’. criminal act of the off ender. He is
another person besides the
(2) A person is a victim regardless of immediate victim, who is victimized as
whether the crime is reported to the a result of the perpetrator’s action.
police, regardless of whether the
perpetrator is identified, apprehended, Example, in case of rape, the woman
prosecuted or convicted and raped is the primary victim, while a
regardless of the familial relationship child, if born out of such rape, is the
between the perpetrator and victim. secondary victim because he/she
The term ‘victim’ also includes, where suffers from lack of paternity. But the
appropriate, the immediate family or general shame and disgrace which
 6

the entire family of the raped victim [20]

has to suffer at the hands of the Impact of Victimization:
society and the system makes them The impact of crime on victim may be
tertiary victims. However, it cannot be physical, fi nancial or psychological.
assumed that secondary and tertiary Physical Impact:
victims are less traumatized than the The victim is likely to experience a
primary victims. number of physical reactions to crime
to which he has fallen avictim. The
Abdel Fattah’s mode of classification victim may also suff er from mental
of victims trauma. Another signifi cant impact on
: the victim isphysical injury which may
The noted Canadian Criminologist, be apparent and immediate or may be
Abdel Fattah has classifi ed victims of realized by the victim at a later stage.
crime into fi ve categories asfollows: Financial Impact:
Non-participating victims 2/9/25, 1:50 PM A brief study of
are those who are completely concepts of Victimology and Rights of
innocent. For example, foeticide, a Victims under Indian law –
crimeagainst being born, which is LawSchoolNotes
punishable under Sections 315/ 316 https://
of the Indian Penal Code, 1860. lawschoolnotes.wordpress.com/
Latent victims 2016/10/04/a-brief-study-of-concepts-
are those who have fallen prey to a of-victimology-and-rights-of-victims-
crime but do not know that they are in under-indian-law/ 6/18
any wayaff ected by it, example, The fi nancial impact of crime on the
blackmailing victim may be in any one or more of
Provocative victims the following forms:
example, victims of dowry death who 1.
are provoked by the off ender to Costs and expenses incurred in
commitsuicide medical treatment for physical injuries
Participating victims 2.
example, prostitution, cyber crimes on Damages to property or articles in
internet possession
Retaliating victims. 3.
Certain crimes by their very nature Litigation cost incurred in fi ghting
are such that the victim does not against the crime and criminal, i.e. the
readily yieldto the off ence and perpetrator
retaliates to the extent possible to see 4.
that the off ence is not committed by Financial suff ering due to loss of
theperpetrator, but eventually fails in earnings
his eff ort to avoid the occurrence of 5.
crime. Example, victims ofrobbery, Funeral or burial expenses, if any.
etc. Psychological Impact:
 7

Where the victim is confronted with thetreatment of victims have been

the crime perpetrator immediate elaborately detailed in the UN
reaction will be anger or Handbook on Justice for Victims.
feardepending on his strength and [22]
capacity to face the misfortune. Shock The newly generated interest in crime
and mental trauma followimmediately victims has led to certain trends and
after the crime has been committed, policies, some of them areas follows:
for example, the Post-traumatic stress It is being increasing realized that the
disorder (PTSD). victim must be treated with dignity and
The psychological impact of respect by the criminallaw agencies,
victimization is clearly refl ected in the viz. The police and the courts. Often
behavioural responses of thecrime secondary victimization
victim, which may include increased results because of theindiff erent and
alcoholism, excessive use of drugs, callous attitude not only of the criminal
avoidance of socialrelationships and law agencies but also of the people
social withdrawal, etc. This is very invicinity, hospitals and mass media
much true in case of rape victims as well. In the USA and some
when peopleblame her for having European countries,
walked alone or dressed statutoryguidelines in the form of
provocatively. “Victims Bill of Rights” are being
There may, however, be some victims provided.
who are able to shed aside their A victim has hardly any role in the
distress and shock and returnto criminal justice system though there is
normal life. an increasing awarenessnow that the
[21] victim must be given rightful
Emerging Trends in Victimology participation in the trial. For instance,
International Position in USA under the
: 2/9/25, 1:50 PM A brief study of
The concepts of Victimology and Rights of
Declaration of Basic Principles of Victims under Indian law –
Justice for Victims of Crime and LawSchoolNotes
Abuse of Power https://
(UNGeneral Assembly, 1985), lawschoolnotes.wordpress.com/
considered the 2016/10/04/a-brief-study-of-concepts-
‘magna carta’ of-victimology-and-rights-of-victims-
for victims, provides the basic under-indian-law/ 7/18
framework ofprinciples which in the Witness Protection Act, 1982, victims
last two decades have been are to be consulted in the plea
vociferously debated and converted bargaining process. In
as victims’ rightsby some of the Germany,compensation is now
developed countries. The international payable to a victim if the charges are
standards expected of the countries in dropped against an off ender.
 8

Innovative use is being made of treatment victims deserve from the

certain sentencing techniques like police.
probation to provide relief to The UN Handbook says that “
thevictims. An off ender, in victims have a valid interest in the
appropriate circumstances, may be prosecution of the case and should
released on probation, if willing beinvolved at all stages of the
tocompensate the victim. For proceedings
instance, in England, under the ”. In practice, the entire court
Criminal Justice Act, 1982, as proceedings protect the rights
amended in1988, the court must andinterest of the accused, neglecting
specify the reasons for not making an the victims’ interest. Excepting that
order for compensation. the victims are summoned totender
In certain kinds of situations where evidence in courts, the various
the guilt of the off ender is clear, eff services and assistance to be
orts are made to bring thevictim and rendered by the prosecution tovictims
wrong-doer together in order to lead are not practiced in the criminal courts
them to agreement or adjustment for in India. With regard to the
the restorationof losses to the victim, role of the judiciary
there being a greater potential in this in justicefor victims, though judges are
kind of approach rather than the by and large sympathetic towards
merepunishment of the off ender. victims, on many of the
[23] requirements,such as separate
Position in India: waiting halls, information about the
The police play a pivotal role in victim criminal proceedings, special services
assistance as it is the fi rst agency and support,ordering of restitution to
victims come into contactwith after victims, victim participation, victim
being victimized by a crime. The protection etc. we have a long way to
attitude of the victims towards the go torealize victim justice in India.
entire criminal justicesystem will be However, in the last decade, there is
based on the kind of treatment the greater awareness on the part of the
victims get from the police whom they higher judiciary of the need fora better
fi rst encounter.Unfortunately, in India treatment of crime victims by the
the criminal justice agencies at diff erent
police are still not oriented to meet the stages in India and this isrefl ected in
expectations of the victims the recommendations of the diff erent
as per theUN Handbook on Justice for committees and commissions calling
Victims. The police at the fi eld level for reforms in thecriminal justice
who are in actual contact with system.
thevictims in day–to-day crime [24]
situations are blissfully ignorant of the Affirmative Action by the Higher
international developments in thefi eld Judiciary
of Victimology and the better Restitution to Victims
 9

– Despite the absence of any special of guidelinesto help indigenous rape

legislation to render justice to victims victims who cannot aff ord legal,
inIndia, the Supreme Court has taken medical and psychological services,
a proactive role and resorted to affi inaccordance with the Principles of
rmative action to protect therights of UN Declaration of Justice for Victims
victims of crime and abuse of power. of Crime and Abuse ofPower, 1985:
The court has adopted the concept of 1.
restorative The complainants of sexual assault
2/9/25, 1:50 PM A brief study of cases should be provided with a
concepts of Victimology and Rights of victim’s Advocate who has toexplain
Victims under Indian law – to the victim the proceedings, and to
LawSchoolNotes assist her in the police station and in
https:// Court and to guideher as to how to
lawschoolnotes.wordpress.com/ avail of psychological counselling or
2016/10/04/a-brief-study-of-concepts- medical assistance from other
of-victimology-and-rights-of-victims- agencies;
under-indian-law/ 8/18 2.
justice and awarded compensation or Legal assistance at the police station
restitution or enhanced the amount of while she is being questioned;
compensation tovictims, beginning 3.
from the 1980s. The police should be under a duty to
inform the victim of her right to
Justice for Rape Victims representation before anyquestions
– Guidelines for Victim Assistance in are asked of her and the police report
Bodhisattwa Gautam v. should state that the victim was so
SubhraChakraborty, informed;
[26] 4.
the Supreme Court held that if the A list of Advocates willing to act in
court trying an off ence of rape has these cases should be kept at the
jurisdiction toaward compensation at police station for victims whoneed a
the fi nal stage, the Court also has the lawyer;
right to award 5.
interim compensation The Advocate shall be appointed by
.The court, having satisfi ed the prima the Court, in order to ensure that
facie culpability of the accused, victims are questioned withoutundue
ordered him to pay a sum of delay;
Rs.1000 6.
every month to the victim as interim In all rape trials, anonymity of the
compensation along with arrears of victims must be maintained;
compensation fromthe date of the 7.
complaint. It is a landmark case in It is necessary, having regard to the
which the Supreme Court issued a set Directive Principles contained under
 10

Article 38(1) of theConstitution of [28]

India, to set up a Criminal Injuries the Court awarded a sum of
Compensation Board. Rape victims Rs.75
frequentlyincur substantial fi nancial , 000 as state compensationto the
loss. Some, for example, are too victim’s mother, holding that the victim
traumatized to continue in died due to beating by the police.
employment; Victims right to challenge bail
8. – In
Compensation for victims shall be Puran v. Rambilas
awarded by the Court on conviction of [29]
the off ender and by theCriminal and
Injuries Compensation Board whether P.
or not a conviction has taken place. Rathinam v. State
The Board willtake into account pain, [30]
suff ering and shock as well as loss of , the Apex Courtinterpreted Section
earnings due to pregnancy and 439 (2) Cr.P.C. in a way that the
theexpenses of childbirth if this victim has a say in the grant of bail to
occurred as a result of the rape. an accused.The Court recognized the
State Compensation for Victims of right of the complainant or any
Abuse of Power ‘aggrieved party’ to move the High
– As early as 1983, the Supreme Courtor the Court of Sessions for
Courtrecognized the need for state cancellation of a bail granted to the
compensation in cases of abuse of accused.
power by the State machinery. In 2/9/25, 1:50 PM A brief study of
thelandmark case of concepts of Victimology and Rights of
Rudul Shah v. State of Bihar Victims under Indian law –
, LawSchoolNotes
[27] https://
the Supreme Court ordered the lawschoolnotes.wordpress.com/
Government ofBihar to pay to Rudul 2016/10/04/a-brief-study-of-concepts-
Shah a further sum of of-victimology-and-rights-of-victims-
Rs.30,000 under-indian-law/ 9/18
as compensation, which according to Recommendations of Commissions
the courtwas of a “palliative nature”, in and Committees on Justiceto Victims
addition to a sum of Rs.5,000, in a in India
case of illegal incarceration of During the last decade, there has
thevictim for long years. Similarly in been signifi cant change in the
Saheli, a Women’s Resources Centre thinking of the judiciary about
through Mrs . Nalini Bhanot thehuman rights of victims. The
v.Commissioner of Police, Delhi concern of the courts and the judicial
Police commissions and committees
, aboutthe need to have a law on victim
 11

compensation or a comprehensive The victim’s

law on victim justice has beenrefl right to participation
ected in their judgments and reports. in a criminal trial shall, inter alia,
The Law Commission of India, 1996 include:
The Law Commission, in its report in 4.
1996, stated that, the State should To produce evidence, oral or
accept the principle ofproviding documentary, with leave of the court
assistance to victims out of its own and/or to seek directions
funds, forproduction of such evidence
1. 5.
in cases of acquittals; or To ask questions to the witnesses or
2. to suggest to the court questions
where the off ender is not traceable, which may be put to thewitnesses
but the victim is identifi ed; and 6.
3. To know the status of investigation
also in cases when the off ence is and to move the court to issue
proved directions for further investigationon
The Justice Malimath Committee on certain matters or to a supervisory offi
Reforms of Criminal Justice System cer to ensure eff ective and proper
The Justice V. S. Malimath investigation to assist insearch of truth
Committee has made many 7.
recommendations of far-reaching To be heard in respect of the grant or
signifi canceto improve the position of cancellation of bail
victims of crime, including the victim’s 8.
right to participate in cases and To be heard whenever prosecution
toadequate compensation. Some of seeks to withdraw
the signifi cant recommendations 9.
include: To advance arguments after the
1. prosecutor has submitted arguments
The victim, and if he is dead, his legal 10.
representatives shall have the right to To participate in negotiations leading
be impleaded as a partyin every to settlement of compoundable off
criminal proceeding where the charge ences
is punishable with 7 years 11.
imprisonment or more. The victim shall have a right to prefer
2. an appeal against any adverse order
The victim has a right to be passed by the courtacquitting the
represented by an advocate of his accused, convicting him for a lesser
choice, provided that if the victim isnot off ence, imposing inadequate
in a position to aff ord a lawyer, the sentence or grantinginadequate
State would provide him with so. compensation
3. 12.
 12

Victim compensation is a State may permitthe victim to engage an

obligation in all serious crimes, advocate of his choice to assist the
whether the off ender is prosecution.”
apprehendedor not, convicted or Recording of statement of rape victim
acquitted. This should be organized in under Section 157
a separate legislation by the In Section 157, a proviso has been
Parliament. inserted after sub-section (1),
13. “Provided further that in relation toan
The victim compensation law will off ence of rape, the recording of
provide for the creation of a statement of victim shall be conducted
Victim Compensation Fund at the residence of the victimor in the
to beadministered possibly by the place of her choice and as far as
Legal Services Authority. practicable by a woman police offi cer
[31] in the presence of herparents or
2/9/25, 1:50 PM A brief study of guardians or near relatives or social
concepts of Victimology and Rights of worker of the locality.”
Victims under Indian law – Section 309 (1)
LawSchoolNotes after amendmentstates that the
https:// inquiry and trial should be completed
lawschoolnotes.wordpress.com/ within 2 months.
2016/10/04/a-brief-study-of-concepts- Section 327
of-victimology-and-rights-of-victims- , has been amended to the following
under-indian-law/ 10/18 eff ect, “Provided further that in
Amendments to the Code of Criminal camera trial shall beconducted as far
Procedure in 2008: as practicable by a woman judge or
The Code of Criminal Procedure was magistrate.” Also that publication of
amended to bring in various victim- trialproceedings relating to rape cases
friendly provisions, suchas: shall be prohibited, however, the ban
Defi nition of Victim on printing or publication canbe lifted,
The defi nition of Victim was added in subject to maintaining confi dentiality
Section 2 (wa), of name and address of the party.
which states that, “Victim means a Investigation within three months in
person whohas suff ered any loss or case of Child Rape
injury caused by reason of the act or Section 173 (1A)
omission for which the accused provides that, “The investigation in
person hasbeen charged and the relation to rape of a child may be
expression ‘victim’ includes his or her completedwithin three months from
guardian or legal heir.” the date on which the information was
Victim’s right to engage his advocate recorded by the offi cer in charge of
Section 24 (8) thepolice station.”
gives the victim the right to engage [32]
his advocate, “provided that the Court Compensation to victims
 13

Section 357 (1) compensation to thevictim or his

and dependants who have suff ered loss
Section 357 (3) or injury as a result of the crime and
Cr.P.C. vest power in the trial court to who requirerehabilitation.
award compensation tovictims of (2) Whenever recommendation is
crime whereas similar power is vested made by the Court for compensation,
in the Appellate and Revisional Court the District Legal ServicesAuthority or
under sub-section (4). The Court may the State Legal Services Authority, as
appropriate whole or any portion of the case may be, shall decide the
the fi ne recorded from the off ender quantum ofcompensation to be
to bepaid as compensation to the awarded.
victim of crime. (3) If the trial court, at the conclusion
This compensation may be for costs, of trial is satisfi ed, that the
damage or injury suff ered or loss compensation awarded under
caused due to death ormonetary loss Section357 is not adequate for such
incurred due to theft or destruction of rehabilitation, or where the cases end
property, etc. in acquittal or discharge and thevictim
Sub-section (3) empowers the court, has to be rehabilitated, it may make
in its discretion, to order the accused recommendation for compensation.
to pay compensation tovictim of his (4) Where the off ender is not traced
crime, even though no fi ne has been or identifi ed, but the victim is identifi
imposed on him. ed, and where no trial takesplace, the
[33] victims or his dependants may make
2/9/25, 1:50 PM A brief study of an application to the State or the
concepts of Victimology and Rights of District Legal ServicesAuthority for the
Victims under Indian law – award of compensation.
LawSchoolNotes (5) On receipt of such
https:// recommendation or on the receipt of
lawschoolnotes.wordpress.com/ application under sub-section (4), the
2016/10/04/a-brief-study-of-concepts- State orthe District Legal Services
of-victimology-and-rights-of-victims- Authority shall, after due enquiry,
under-indian-law/ 11/18 award adequate compensation
Section 357-A aftercompleting the enquiry within 2
has been inserted after the 2008 months.
Amendment, it provides that: (6) The said authority, to alleviate the
“ suff ering of the victim, may order for
Section 357-A Victim Compensation immediate fi rst aid facilityor medical
Scheme benefi ts to be made available free of
– (1) Every State government in co- cost on the certifi cate of police offi
ordination with theCentral cer not below the rankof offi cer in
Government, shall prepare a scheme charge of the police station or a
for providing funds for the purpose of magistrate of the area concerned, or
 14

any other interim reliefas the authority of-victimology-and-rights-of-victims-

may deem fi t.” under-indian-law/ 12/18
The scheme contained in the section The Criminal Law (Amendment) Act,
is indeed a progressive measure to 2013
ameliorate the woes of crimevictims The Criminal Law (Amendment) Act,
and providing them 2013 is a result of the
restorative justice Justice Verma Committee
. Report whichdealt in the rape laws
The Code also provides and their amendment. This
compensatory relief to victims of Committee was constituted in the
unlawful arrest or detention by aftermath of thebrutal Delhi Gang
policewithout suffi cient cause. rape case of 16
[34] December 2012.
Where an accused is convicted of a The Committee recommended that
non-cognizable off ence on a the gradation of sexual off ences
complaint, the court may order himto should be retained in the IndianPenal
pay costs to the complainant or in Code, 1860 (IPC).
default, suff er simple imprisonment The Committee was of the view that
for a period not exceedingthirty days. rape and sexual assault are not
[35] merely crimes of passion but
Victim’s right to appeal anexpression of power. Rape should
Proviso to Section 372 be retained as a separate off ence
gives right of a private appeal to a and it should not be limited
victim, thus providing the victim with a topenetration of the vagina, mouth or
locus standi anus. Any non-consensual
, however, the right to appeal against penetration of a sexual nature should
inadequacy of punishment is available beincluded in the defi nition of rape.
only on twogrounds: The IPC diff erentiates between rape
If accused has been convicted for a within marriage and outside marriage.
lesser off ence, example, he was Under the IPC sexualintercourse
convicted for robbery instead without consent is prohibited.
ofdacoity However, an exception to the off ence
If inadequate compensation is given. of rape exists in relationto un-
The victim, however, cannot appeal consented sexual intercourse by a
on quantum of punishment. husband upon a wife. The Committee
2/9/25, 1:50 PM A brief study of recommended that theexception to
concepts of Victimology and Rights of marital rape should be removed.
Victims under Indian law – Marriage should not be considered as
LawSchoolNotes an irrevocableconsent to sexual acts.
https:// Therefore, with regard to an inquiry
lawschoolnotes.wordpress.com/ about whether the complainant
2016/10/04/a-brief-study-of-concepts- consented tothe sexual activity, the
 15

relationship between the victim and gang rapedthe prosecutrix, infl icted
the accused should not be relevant. inhuman torture and threw the
[36] defenceless victims out of the moving
However, non-consensual sexual act bus innaked condition, profusely
within marriage is still not made bleeding in a cold winter night.
punishable, even though theamount The Court further held that, “These
of punishment has been increased. are the times when gruesome crimes
The Indian Penal Code (IPC) was against women havebecome rampant
amended to provide death penalty in and courts cannot turn a blind eye to
rape cases that cause death ofthe the need to send a strong deterrent
victim or leave her in a vegetative message tothe perpetrators of such
state. crimes. The increasing trend of crimes
[37] against women can be arrested only
The Act also introduced several other oncethe society realize that there will
new off ences suchas causing be no tolerance from any form of
grievous injury through acid attacks, deviance against women and more
sexual harassment, use of criminal soin extreme cases of brutality such
force on a womanwith intent to as the present one and hence the
disrobe, voyeurism and stalking. criminal justice system must instilconfi
In the case of dence in the minds of people
State (Govt. of NCT of Delhi) v. Ram especially the women. The crime of
Singh (deceased), Mukesh, Akshay such a nature against a
Kumar Singh, VinaySharma and helplesswoman, per se, requires
Pawan Kumar exemplary punishment.”
, [39]
[38] th
Shri Yogesh Khanna, Additional 2/9/25, 1:50 PM A brief study of
Sessions Judge, New Delhi, concepts of Victimology and Rights of
awardeddeath penalty to the accused Victims under Indian law –
person as the facts showed a brutality LawSchoolNotes
of such a nature that it fell into https://
thecategory of rarest of rare cases, lawschoolnotes.wordpress.com/
the entire intestine of the prosecutrix 2016/10/04/a-brief-study-of-concepts-
was perforated, splayed and cutopen of-victimology-and-rights-of-victims-
due to repeated insertions of rods and under-indian-law/ 13/18
hands. The convicts, in the most Another amendment is the addition of
barbaric manner, pulledout her Section 326 A
internal organs with their bare hands regarding the acid attacks, the proviso
as well as by the rods and caused her clearlystates that the fi ne which is
irreparable injuries,thus exhibiting imposed on the convict shall be such
extreme mental perversion not worthy that it is just and reasonable to meet
of human condonation. They brutally themedical expenses of the treatment
 16

of the victim of acid-attack. Such fi ne isentitled to use or enjoy by virtue of

shall be imposed directly to thevictim. the domestic relationship, including
In the Code of Criminal Procedure access to the sharedhousehold”. A
Section 357 B police offi cer, protection offi cer or a
and magistrate who has received a
Section 357 C complaint of domesticviolence has a
have been added. mandatory duty to inform the victim of
Section 357B Cr.P.C. provides that, her right to obtain a protection order
“The compensation provided under or an orderof monetary relief and
Section 357 A shall be inaddition to other rights.
the payment of fi ne to the victim The Maintenance and Welfare of
under Section 326A or Section 376D Parents and Senior Citizens Act, 2007
of the Indian PenalCode.” This is also an innovative law aiming
Section 357C Cr.P.C. provides that all to protect elders and prevent elder
hospitals, whether public or private, abuse and victimization,which is a
run by Central Governmentor State growing problem in many countries,
Government, local bodies or any other including India. Under this law, an
person, shall immediately provide the obligation is createdof the children or
fi rst-aid ormedical treatment, free of adult legal heirs to maintain their
cost, to the victim of any off ence parents, or senior citizens above the
under Section 326 A, Section 376, age of 60 yearswho are unable to
Section 376A to E of the Indian Penal maintain themselves out of their own
Code, and shall immediately inform earnings, to enable them to lead a
the police of such incident. normal life. Ifchildren or legal heirs
Other enactments regarding benefits neglect or refuse to maintain the
to victims senior citizen, the Tribunal can pass
The Protection of Women from an orderasking the children or legal
Domestic Violence Act, 2005 heirs to make a monthly allowance for
This Act is a major achievement of the their maintenance.
women’s movement towards Protection of Children from Sexual Off
protection of domestic violencevictims ences Act, 2012
after a struggle of 16 years. This Act This Act has been enacted with a
aims to provide for more eff ective view to prevent of child abuse and
protection of the rights ofwomen victimization. It makes any kindof
guaranteed under the Constitution. sexual gratifi cation from a child
The defi nition of domestic violence is punishable with strict punishments.
wide enough toinclude physical, Prevention of Caste-Based
sexual, verbal and emotional abuse. Victimization and Protection for
The unique feature of the Act is that it Victims
prohibitsdenying the victim “continued 2/9/25, 1:50 PM A brief study of
access to resources or facilities which concepts of Victimology and Rights of
the aggrieved person (victim)
 17

Victims under Indian law –

LawSchoolNotes
https://
lawschoolnotes.wordpress.com/
2016/10/04/a-brief-study-of-concepts-
of-victimology-and-rights-of-victims-
under-indian-law/ 14/18
The Scheduled Castes and the
Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is an act
toprevent atrocities against the
members of the Scheduled Castes
and Scheduled Tribes. Under this
Act,compensation to victims is
mandatory, besides several other
reliefs depending on the type of
atrocity.The victims are entitled to
receive