INDEX:
1. Introduction
2. History of victimology
3. Definition and concepts of victims
4. Sources of victimization
5. Persons needing to consideration
6. Modern concept of victimology
7. Conclusion
8. Bibliography
1
1. INTRODUCTION
Victimology is the scientific study of victims and their experiences, particularly in relation to
crimes. It emerged as a distinct field in the mid-20th century, focusing on understanding the
dynamics between victims and offenders, the psychological effects of victimization, and the
broader social and legal responses to crime. The term was first coined by criminologist Benjamin
Mendelsohn, who is often regarded as one of the founders of victimology1.
Victimology explores various aspects of victimization, such as why certain individuals or groups
are more likely to become victims, the impact of crime on victims, and how they are treated within
the criminal justice system. It examines the physical, emotional, and financial harm victims endure,
as well as the legal and societal mechanisms designed to support them, such as compensation
programs, victim rights laws, and restorative justice practices.
The field also scrutinizes patterns of victimization, including repeat victimization and the
sociocultural factors that may predispose certain populations to higher risks, like poverty, race, or
gender. It aims to address gaps in how the legal system responds to victims, often advocating for
more empathetic and restorative approaches.
By understanding victims' needs and circumstances, victimology contributes to more effective
crime prevention strategies, policy-making, and the development of support systems to assist
victims in their recovery.
2. 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 system2. 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 , began 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.
Mendelsohn 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.
1
Prof. E.H.Sutherland, Principles of Criminology (J.B.Lippincott Co.,1955)
2
Ahmed Siddique, Criminology Problems and Perspectives,1993
2
3. 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" broadly refers to any individual, collective, or thing that has lost
something or been harmed as a result of illicit behavior. Because the injury might be psychological,
financial, or bodily, the victim of crime should be viewed broadly and inclusively rather than
narrowly. It must also contain a collectivity made up of a class, group, or community of people
who are of a particular race, economic class, political affiliation, or religion and who have suffered
physical or psychological harm as a result of an individual wrongdoing or group including persons
in lawful authority by abusing his or their lawful powers.
Victim participation in crime 3
Dr Hans Von Hentig made the first ever study of the role of victims in crime and found some
general 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
following categories-
1. Completely innocent victim, e.g. children, person in sleep.
2. Voluntary victim, e.g. who commit suicide.
3. Victims who are more guilty than the offenders, e.g. who provoke others to commit crimes.
4. Sources of Victimization
Victimization stems from a range of personal, social, and environmental factors that increase the
likelihood of an individual becoming a victim. These sources can be broadly categorized into:
1. Individual Characteristics: Certain personal attributes, such as age, gender, and
socioeconomic status, may influence vulnerability. For example, women, children, the
elderly, and those in lower income brackets are statistically more likely to experience
3
the Criminal and his Victim,(1948)
3
violent crime, abuse, or exploitation. Youth are often targets of bullying or cybercrime due
to their higher exposure to digital platforms.
2. Social and Environmental Contexts: Communities with higher levels of poverty,
unemployment, and social disorganization tend to experience elevated crime rates. Lack of
access to resources and infrastructure (e.g., policing, healthcare, education) in these areas
contributes to increased victimization. For instance, urban environments with poor lighting
and policing may lead to higher incidences of assault and robbery.
3. Lifestyle and Routine Activities: The routine activities theory suggests that people’s daily
activities and behaviors influence their risk of victimization. Frequenting high-risk areas,
working night shifts, or engaging in substance abuse may increase one’s exposure to
potential offenders.
4. Systemic and Institutional Factors: Institutional neglect or failure, such as inadequate
law enforcement response or insufficient protective measures, can also exacerbate
victimization. Discrimination based on race, gender, or sexual orientation can lead to hate
crimes and systemic violence.
5. Persons needing special consideration4
as victims often face unique vulnerabilities due to factors such as age, gender, disability, or social
standing. These individuals are often disproportionately affected by crime and may require
additional support to cope with the physical, emotional, and psychological impacts of
victimization. The criminal justice system and related social services must adapt to provide
appropriate care and protection to these groups, ensuring their rights are upheld and their needs
are met.
1. Children
Children are one of the most vulnerable groups when it comes to victimization. Their dependence
on adults for protection and care often places them in situations of potential harm, particularly in
cases of abuse, neglect, or exploitation. Crimes against children, such as physical or sexual abuse,
human trafficking, or exposure to domestic violence, can have lasting psychological and
developmental consequences. Children require specialized legal procedures, such as child
advocacy centers and forensic interviewing, to ensure they are treated with sensitivity and not
retraumatized during the investigation and trial processes. Special legal protections, such as
mandatory reporting laws and child protection services, are in place to safeguard their rights.
2. Women and Gender-Based Violence Victims
Women, especially in the context of domestic violence, sexual assault, and human trafficking, are
another group requiring special attention. Gender-based violence is often underreported due to
societal stigma, fear of retaliation, or lack of trust in legal systems. Victims of these crimes may
face ongoing threats to their safety and psychological well-being. Special services like domestic
violence shelters, hotlines, and trauma-informed care are essential to support these victims. Legal
protections, including restraining orders and specialized domestic violence courts, help ensure
their safety and facilitate justice.
4
Supra at 5,
4
3. Elderly Victims
The elderly are often targeted due to their physical frailty, cognitive impairments, and social
isolation, making them susceptible to abuse, fraud, and neglect. Elderly victims may experience
physical abuse, financial exploitation, or neglect, often perpetrated by caregivers or family
members. These crimes often go unnoticed or unreported, as elderly victims may be unable or
unwilling to report due to dependence on their abusers or fear of being institutionalized. Special
elder protection units and legislation, such as adult protective services and elder abuse laws, are in
place to address their specific needs.
4. Victims with Disabilities
People with physical, intellectual, or psychological disabilities are also at increased risk of
victimization, particularly when it comes to abuse or exploitation. Their impairments may limit
their ability to defend themselves, recognize abuse, or report crimes. They may also face barriers
in accessing the criminal justice system due to communication difficulties or lack of appropriate
accommodations. Special attention is required to ensure that victims with disabilities are provided
with accessible legal, medical, and social services. This includes trained professionals, adaptive
technologies, and accommodations during legal proceedings to ensure they can fully participate in
the justice process.
5. Minority Groups
Ethnic minorities, LGBTQ+ individuals, immigrants, and refugees often face discrimination, hate
crimes, and other forms of victimization due to their marginalized status. Cultural barriers,
language differences, and fear of deportation can prevent these groups from seeking help or
reporting crimes. Specialized support services, such as hate crime task forces and culturally
competent victim advocates, are necessary to address their unique challenges.
6. Modern concept of victimology
“Ubi jus ibi remedium”5 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
Criminal 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.
5
Where there is right there is remedy
5
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 victims6. It says that
whenever 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 offence when compensation is, in the opinion of the court, recoverable by such person in a
civil court. Further sub section (3) of section 357 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 suffered any loss or injury by reasons of the act for which the accused person has been
sentenced. Again section 357-A 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
imposed 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 practical 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 Punjab7 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 Emperor 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.8 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 Punjab9 also indicates that quite often Supreme Court prefers to
substitute a severe punishment 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 10 where a homeopath
attempting to procure an abortion 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
order offender to pay compensation and cost to the victim concern11.
iii)-The Motor Vehicles Act,1939-
6
Other related provisions are sections 237,250 and358 of the code
7
(1978)4 SCC 111
8
AIR 1934 Lah. 519
9
1 (1995)6 SCC 593
10
(1994)3 SCC 430
11
Section 5 of the Act.
6
Act empowers the Government. to establish and administer a “Solatium Fund” out of which
compensation can be paid in cases of death or grievous hurt12.
iv)- Fatal Accident Act, 1955
v)- Indian Railway Act, 1890
vi)- Workmen’s Compensation Act,1923 also talks about the victim compensation scheme.13
vii)-Article 21 of the Constitution of India- Supreme Court has expanded article 21 and
incorporated new branch of study from Rudal shah to Chandrima Das wherein Supreme Court
evolved the “Victim compensation scheme.” Although it has been criticized by various scholars
in the name of unbranded expansion of life and personal liberty14
7. Conclusion:
Victimology has transformed from its early focus on victim-blaming to a discipline centered on
understanding the rights, needs, and experiences of victims. Modern victimology advocates for
comprehensive legal and institutional support, aiming to ensure justice and rehabilitation for
victims.
Rights and Restitution Act (1990) 15in the U.S. ensures victims receive services such as counseling
and protection. In the UK, the Code of Practice for Victims of Crime provides rights like victim
compensation and information on legal proceedings. India’s Criminal Law (Amendment) Act,
201316 expanded protections for victims of sexual violence, following the infamous Nirbhaya case,
which sparked nationwide reforms on gender violence. Payne v. Tennessee (1991) in the U.S.
affirmed the admissibility of victim impact statements in court, recognizing the victim's role in
sentencing. The Sarah Everard case in the UK highlighted systemic failures in protecting women,
leading to stronger calls for police accountability and reforms to enhance public safety.
Victimology continues to evolve, emphasizing victim rights, trauma-informed approaches, and a
more active role for victims in the criminal justice system. By addressing both legal and societal
responses, victimology seeks a balanced framework for justice.
12
Sections 109-110 of the Act.
13
Section 2 of the Act.
14
Expansion of article 21: Compensatory Jurisprudence
15
(42 U.S.C. 10607(c))
16
Act No. 13 of 2013
7
8. Bibliography:
Major sources:
1. The constitution of India bare act
2. Criminal Procedure Code, 1973
3. Recommended by the Law Commission in its forty- first report
4. he Indian Penal Code,1860
5. The Code Of Criminal Procedure,1973
6. William MacDonald,Criminal Justice and the Victim 1976,
Minor sources
1. Abuja Ram: Criminology, Rawat Publication, New Delhi.
2. Dr. M. S. Chauhan: Criminology, Criminal Administration and Victimology, Central
Law Agency, Allahabad.
3. E. H. Sutherland: Principles of Criminology, Times of India Press, Bombay.
4. Prof. E.H.Sutherland, Principles of Criminology (J.B.Lippincott Co.,1955)
5. Prof. R. Deb,”Victimology”Cr.L.J.1986
Rizwan Ahmed,
3rd years law student
Jamia Millia Islamia
Faculty of Law, New Delhi 110025
