Q1.

Discuss Victimology — Concept and Its Importance in Delivery of Justice

(10 marks)

Introduction:
Victimology is the scientific study of victims and their interactions with offenders, the
criminal justice system, and society at large. It focuses on the psychological effects of
victimization, legal rights of victims, and mechanisms for redressal.

Concept:
Victimology emerged as a distinct field in the mid-20th century and includes:

• The study of victims and patterns of victimization

• Analysis of the relationship between victim and offender
• Evaluation of societal, legal, and institutional responses to victims

Importance in Delivery of Justice:

1. Recognition of Victim’s Role: Traditionally, criminal justice systems focused on

the offender. Victimology re-centers the victim as a key stakeholder in the
process.
2. Compensation and Rehabilitation: Ensures mechanisms for financial,
psychological, and emotional support.
3. Legal Reforms: Promotes laws that protect victims’ rights, e.g., the Victim
Compensation Scheme under Section 357A CrPC in India.
4. Participation in Trials: Encourages victim participation in proceedings,
especially in cases of sexual offences or domestic violence.
5. Restorative Justice: Advocates for approaches that repair the harm suffered by
victims rather than just punishing offenders.

Conclusion:
Victimology plays a crucial role in achieving a balanced justice system where the rights of
the victim are recognized alongside the due process rights of the accused. A just society must
ensure healing and participation of victims for comprehensive justice.

Q2. Nature of Victim-Offender Relationship and Its Impact

Introduction:
The relationship between victim and offender is a key area of study in victimology. In many
crimes, especially interpersonal or domestic crimes, victims and offenders share a prior
relationship.

Nature of Relationship:
 • Intimate partner/domestic relationship (e.g., marital rape, domestic violence)
• Acquaintance (e.g., child abuse by relatives or teachers)
• Stranger (e.g., theft, random assaults)
• Institutional (e.g., custodial violence)

Impact on Victimization:

1. Underreporting of Crimes: Especially in domestic cases due to emotional or

financial dependency.
2. Psychological Trauma: Increased trauma when the offender is someone
known/trusted.
3. Difficulty in Legal Process: Victims may hesitate to testify or seek justice.
4. Power Dynamics: Exploitation due to authority or familiarity (e.g., employer-
employee abuse).
5. Secondary Victimization: Victims may face blame or social isolation.

Conclusion:
Understanding the victim-offender relationship is vital for designing appropriate support,
policies, and legal remedies. It also helps in prevention and in ensuring justice is truly victim-
centric.

Q3. Issues Faced by Victims

Introduction:
Victims face several challenges before, during, and after the legal process. These issues often
go unaddressed in traditional justice systems.

Key Issues:

1. Lack of Recognition: Victims are often treated as mere witnesses.

2. Delayed Justice: Slow trials and police inaction cause frustration.
3. Secondary Victimization: By police, courts, and society.
4. Lack of Legal Awareness: Victims often don’t know their rights or remedies.
5. Inadequate Support Systems: Lack of psychological counseling, shelters, or
legal aid.
6. Stigmatization: Especially in cases of sexual offences and domestic abuse.
7. No Participation in Proceedings: Victims have limited say in sentencing or bail.

Conclusion:
Victims need a responsive and supportive legal ecosystem that acknowledges and remedies
these issues through reforms, compensation, and victim participation.
Q4. Societal Perception of Victims

Introduction:
Societal attitudes greatly influence how victims are treated and whether they receive justice
and support.

Perceptions and Consequences:

1. Victim Blaming: Particularly in rape or domestic violence cases.

2. Stigmatization: Victims are often isolated or shamed.
3. Gendered Perceptions: Women are more likely to be doubted or judged.
4. Class and Caste Bias: Poor or marginalized victims face greater disbelief.
5. Moral Judgment: Victims' character or lifestyle is scrutinized.

Impact:

• Discourages reporting
• Leads to psychological distress
• Reinforces systemic injustice

Conclusion:
Transforming societal perceptions through awareness, media responsibility, and legal
protections is essential to ensure dignity and justice for victims.

Q5. Role of Media in Shaping Public View of Victims and Victim Rights

Introduction:
Media plays a powerful role in influencing public perception and policy related to victims.

Positive Roles:

1. Raising Awareness: Highlights victim issues and injustices.

2. Advocacy: Campaigns for laws (e.g., Nirbhaya case coverage).
3. Creating Pressure: On governments and law enforcement for quick action.
4. Educating the Public: On victim rights and services.

Negative Roles:

1. Sensationalism: Focus on drama rather than sensitivity.

2. Victim Shaming: Revealing identity or questioning credibility.
3. Trial by Media: Prejudicing cases and misrepresenting facts.

Conclusion:
Media must balance its role responsibly, acting as a watchdog without violating the dignity or
privacy of victims. Ethical journalism can promote justice and reform.
Q6. Historical Development of Victimology

Introduction:
Victimology has evolved over time, influenced by criminology, sociology, and law.

Key Phases:

1. Early Era: Victims played a central role in tribal justice and compensation
systems.
2. Classical Period (18th-19th Century): Focus shifted to offenders; victims were
sidelined.
3. 20th Century: Scholars like Mendelsohn and Von Hentig revived focus on
victims.
4. Post-WWII: Rise of human rights discourse; UN involvement.
5. Modern Period: Emphasis on victim compensation, participation, and
restorative justice.

Conclusion:
The field of victimology has grown from a neglected area to a vital part of criminal justice. It
has influenced policy and law-making worldwide.

Q7. Comparison: India and Other Countries + Victim Compensation

Introduction:
Victim rights and compensation vary across jurisdictions.

India:

• Section 357A CrPC: Provides compensation through State Legal Services

Authority.
• Nirbhaya Fund: Supports female victims of violence.
• Judicial Initiatives: SC has mandated compensation in rape and acid attack
cases.

Other Countries:

• USA: Victims of Crime Act (VOCA) fund.

• UK: Criminal Injuries Compensation Authority.
• Germany: Victims receive both compensation and state-funded therapy.

Challenges in India:

• Low awareness, delays, inadequate funds, bureaucratic hurdles.

Conclusion:
India has made strides, but needs improved enforcement, higher awareness, and integrated
victim support systems like in developed countries.

Q8. Contribution of Benjamin Mendelsohn

Introduction:
Benjamin Mendelsohn, a Romanian jurist, is considered the “Father of Victimology.”

Key Contributions:

1. Coined the term 'Victimology' in the 1940s.

2. Victim Typology: Classified victims into six types:
o Completely innocent
o Victim with minor guilt
o Victim as guilty as offender
o More guilty victim
o Most guilty victim
o Imaginary victim
3. Focus on Victim-Offender Dynamics: Showed that victim behavior could
contribute to crime.

Conclusion:
Mendelsohn laid the groundwork for modern victim studies and influenced reforms in
criminal justice, emphasizing victim responsibility, rights, and support.

Q9. Victim Rights Movement

Introduction:
The Victim Rights Movement emerged globally to ensure victims are not overlooked in the
justice system.

Phases:

1. 1960s-70s: Initiated in the US, focusing on rape and domestic violence.

2. 1980s: Global awareness; UN involvement.
3. Modern Era: Encompasses legal rights, participation, protection, and
compensation.

Achievements:

• Laws on victim compensation

• Victim participation in court proceedings
• Creation of victim support services and shelters
Conclusion:
The movement has reshaped justice systems to be more inclusive, trauma-informed, and
victim-centric.

Q10. 1985 UN Declaration: Basic Principles of Justice for Victims of Crime

and Abuse of Power

Introduction:
This landmark UN resolution recognized victims as entitled to dignity, respect, and support.

Key Provisions:

1. Access to Justice and Fair Treatment

2. Restitution and Compensation
3. Assistance: Legal, medical, psychological support
4. Victim Participation: Right to be heard in proceedings
5. Protection from Retaliation

Impact:

• Inspired national legislations globally

• Provided a framework for victim-oriented justice

Conclusion:
The 1985 UN Declaration is a foundational document advocating for comprehensive victim
rights globally.

Q11. Key Concepts: Victim Participation, Victim Compensation, and Victim

Rights

Introduction:
Victimology emphasizes victim-centric justice through participation, compensation, and the
recognition of legal rights.

1. Victim Participation:

• Victims have the right to participate in investigations, bail hearings, plea

bargaining, and sentencing.
• Strengthens restorative justice and provides closure.
• Example: Indian Victim Impact Statements during sentencing.

2. Victim Compensation:
 • Financial relief for physical, emotional, and material harm.
• Section 357A CrPC enables compensation from state funds.
• Victim Compensation Scheme (VCS) implemented by state legal services.

3. Victim Rights:

• Right to be informed
• Right to protection
• Right to legal representation
• Right to privacy and dignity
• Right to restitution and support services

Conclusion:
Empowering victims through participation, compensation, and enforceable rights helps
restore trust in the justice system and ensures fairness.

Q12. Victim Proneness and Contributing Factors

Introduction:
Victim proneness refers to the susceptibility of individuals to becoming victims due to certain
traits or circumstances.

Factors Contributing to Victim Proneness:

1. Behavioral Factors: Reckless actions, routine activities, or negligence

2. Psychological Traits: Passive nature, dependency, low self-esteem
3. Environmental Factors: Living in unsafe areas, frequenting high-risk places
4. Social Factors: Poverty, unemployment, marginalization
5. Repeat Victimization: Prior victims are more prone to further victimization.

Victim Responsiveness:

• How victims respond post-crime impacts reporting, healing, and justice-seeking

behavior.
• Influenced by trauma, support systems, and awareness.

Conclusion:
Understanding victim proneness helps in crime prevention, risk reduction, and designing
victim support services.
Q13. Types of Victims and Victimization (Primary, Secondary, Tertiary) with
Cases

Introduction:
Victimization can be categorized based on how and by whom harm is inflicted.

Types:

1. Primary Victimization:
o Direct harm from the offender (e.g., rape victim, murder victim’s family)
o Case: Nirbhaya Case – victim was directly attacked.
2. Secondary Victimization:
o Harm from societal reactions, police, or legal system.
o Case: Bhanwari Devi – faced blame and delay from authorities.
3. Tertiary Victimization:
o Harm to society/community at large due to crime.
o Example: Terrorist attacks traumatizing entire communities (e.g., 26/11
Mumbai).

Conclusion:
Understanding these categories is essential for designing appropriate legal, social, and
psychological interventions.

Q14. Victim Vulnerability

Introduction:
Victim vulnerability refers to the increased likelihood of being victimized due to personal,
social, or environmental factors.

Types of Vulnerabilities:

1. Personal: Children, elderly, disabled, women

2. Economic: Poor, unemployed, debt-ridden persons
3. Social: Caste, minority, migrant status
4. Situational: Isolated areas, working alone, late-night activities

Impact:

• Higher risk of exploitation

• Lesser access to justice
• Often targeted repeatedly
• Emotional and psychological trauma

Conclusion:
Identifying and addressing vulnerability is key to preventing crimes and ensuring justice and
protection for at-risk populations.
Q15. Societal Attitude Towards Psycho-Dynamics of Victimization

Introduction:
Victimization has profound psychological and emotional effects, which are often
misunderstood or minimized by society.

Psycho-Dynamics:

• Trauma, fear, anxiety, PTSD

• Self-blame and guilt
• Depression and withdrawal

Societal Attitudes:

• Skepticism or disbelief
• Minimization of trauma
• Victim-blaming
• Lack of empathy

Impact:

• Hinders recovery
• Discourages reporting
• Reinforces injustice

Conclusion:
Empathetic societal attitudes are vital for helping victims recover and reintegrate. Public
education and media ethics play key roles.

Q16. Primary and Secondary Victims and Victimization in Detail

Introduction:
Distinction between types of victims helps provide targeted support and justice.

Primary Victims:

• Directly harmed by the offender.

• Example: Victim of murder, assault, rape.

Secondary Victims:

• Indirectly affected (e.g., family, friends, caregivers).

• Example: Parents of a murdered child, siblings of abuse victims.

Implications:
 • Both groups suffer emotionally and psychologically.
• Need tailored support – grief counseling, legal aid, etc.

Conclusion:
Justice systems must consider the needs of both primary and secondary victims while
designing laws and services.

Q17. Victimless Crime

Introduction:
Victimless crimes are offenses where no specific victim is identifiable, yet law considers
them harmful to society.

Examples:

• Drug use
• Prostitution
• Gambling
• Abortion (in some jurisdictions)

Debates:

• For Regulation: To prevent broader societal harm

• Against Criminalization: Consensual acts between adults; legal action causes
more harm

Impact:

• Creates criminal records without direct victims

• Overburdens justice system
• Often targets vulnerable groups (e.g., sex workers)

Conclusion:
While legally classified as crimes, victimless offences require nuanced legal and policy
approaches focusing on harm reduction and public health.

Q18. Impact of Victimization on Individuals and Community

Introduction:
Victimization affects not just the individual, but families, neighborhoods, and society as a
whole.

Individual Impact:

• Physical injury
 • Psychological trauma (PTSD, depression)
• Financial loss
• Trust and relationship issues

Community Impact:

• Fear and anxiety

• Distrust in law enforcement
• Social fragmentation
• Vigilantism or loss of communal harmony

Conclusion:
Victimization is a deeply disruptive event with long-lasting consequences. Both individual
and community rehabilitation must be part of justice delivery.

Q1. 1985 UN Declaration: Objectives

Introduction:
The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power is a landmark in victimology and international human rights law.

Objectives:

1. Recognition: Acknowledge victims as integral to the justice process.

2. Access to Justice: Ensure victims can report crimes and receive fair treatment.
3. Compensation and Restitution: Obligate states to provide financial redress and
restitution.
4. Assistance and Support: Ensure availability of medical, psychological, and
legal aid.
5. Participation: Encourage involvement of victims in legal proceedings.
6. Protection: Safeguard victims from intimidation or retaliation.
7. Promote International Cooperation: Encourage states to adopt these
standards.

Conclusion:
These objectives promote a shift from an offender-centric to a victim-centric justice system,
strengthening victim rights globally.

Q2. Abuse of Power

Introduction:
Abuse of power refers to the misuse of authority by state or institutional actors, often
resulting in victimization without effective remedies.
Examples of Abuse of Power:

1. Police Brutality and Custodial Torture

2. State-Sponsored Violence or Displacement
3. Judicial Delays and Corruption
4. Suppression of Whistleblowers and Activists

Impacts:

• Violates basic human rights

• Causes psychological and physical trauma
• Leads to distrust in state institutions
• Often targets marginalized groups

UN Declaration’s Focus:

• Emphasizes redress and justice for victims of abuse of power, not just
conventional crimes.

Conclusion:
Combating abuse of power requires transparency, accountability, and access to justice
mechanisms for all, especially the voiceless.

Q3. Measures to Address Victimization and Ensure Justice

Introduction:
Effective measures are essential to translate victim rights into real outcomes.

Key Measures:

1. Legal Reforms: Victim Compensation Schemes (e.g., Sec 357A CrPC), victim
protection laws
2. Special Courts: Fast-track courts for rape and POCSO cases
3. One-Stop Crisis Centers (OSCC): Integrated support for women victims
4. Legal Aid and Counseling: Provided through Legal Services Authorities
5. Victim Impact Statements: Allow victims to express trauma during sentencing
6. Restorative Justice Practices: Dialogue between victim and offender to
promote healing
7. Training for Law Enforcement: Sensitization on victim handling

Conclusion:
A multi-dimensional approach involving legal, social, and institutional reforms is necessary
to ensure justice and dignity for victims.
Q4. Contribution of the 1985 Declaration to the Field of Victimology

Introduction:
The 1985 UN Declaration is a foundational document that significantly shaped the growth of
victimology worldwide.

Major Contributions:

1. International Recognition of Victims’ Rights

2. Legal Framework for Compensation and Assistance
3. Victim Participation in Criminal Proceedings
4. Guidelines for National Legislation
5. Focus on Abuse of Power and State Violence
6. Promoted Victim-Centric Justice Reforms Globally

Conclusion:
The Declaration provided the moral and legal foundation for victim-oriented reforms across
legal systems and spurred academic and policy development in victimology.

Q5. Major Programs, Activities, and Collaborations Related to Victim Rights

Introduction:
Various national and international programs work to uphold the rights of victims and promote
victimology.

Programs and Activities:

1. Victim Compensation Schemes (India): Implemented under Section 357A

CrPC
2. UNODC Programs: Victim assistance and support against organized crime and
trafficking
3. One-Stop Centers (India): Support for women victims of violence
4. Legal Services Authorities (India): Provide legal aid and awareness
5. International Collaborations:
o UN Women and WHO: Victim support in gender-based violence
o Amnesty International: Campaigns against abuse of power
o Asia Foundation and NGOs: Victim empowerment projects

Conclusion:
Collaborative and multi-agency programs are vital for sustaining support systems and
awareness around victim rights.
Q6. Key National Concerns Regarding Victim Rights in India

Introduction:
India faces multiple challenges in protecting and enforcing victim rights despite legislative
progress.

Key Concerns:

1. Low Awareness: Victims often unaware of their rights and compensation

mechanisms.
2. Implementation Gaps: Victim Compensation Schemes vary by state and suffer
delays.
3. Judicial Delays: Slow trials often traumatize victims.
4. Victim Blaming and Stigmatization: Especially in sexual and domestic
offences.
5. Lack of Uniform Policy: No comprehensive national victim protection law.
6. Poor Police Response: Insensitivity, corruption, and non-registration of FIRs.

Conclusion:
India needs stronger institutional mechanisms, uniform policies, and widespread awareness to
improve victim protection and support.

Q7. Role of Victim Impact Statements

Introduction:
Victim Impact Statements (VIS) allow victims to describe the emotional, physical, and
financial effects of crime during judicial proceedings.

Purpose and Role:

1. Emotional Expression: Helps victims feel heard and validated.

2. Judicial Consideration: Can influence sentencing and parole decisions.
3. Restorative Role: Allows healing and closure.
4. Empowerment: Shifts victim from passive witness to active participant.
5. Public Awareness: Reflects societal harm caused by crime.

Use in India:

• Increasingly accepted, especially in rape, murder, and acid attack cases

• Recognized in cases like Nipun Saxena v. Union of India

Conclusion:
VIS humanizes the criminal justice process and bridges the gap between the legal system and
victim experiences.
Q8. Challenges Faced by Victims in Accessing Justice Delivery

Introduction:
Despite legal provisions, victims often struggle to access justice due to systemic, social, and
financial barriers.

Major Challenges:

1. Fear of Retaliation: Especially in domestic violence, caste crimes, or sexual

offences
2. Lack of Awareness: Many don’t know legal procedures or rights
3. Economic Barriers: Costs of litigation, travel, and medical treatment
4. Poor Legal Aid: Inadequate or inaccessible support
5. Police Apathy or Corruption: Refusal to file FIRs, victim-blaming
6. Judicial Delays: Long trials discourage pursuit of justice
7. Social Stigma: Pressure to compromise or remain silent

Conclusion:
Justice must be made more accessible, victim-friendly, and timely through reforms in
policing, judiciary, and legal aid.

Here are the 2-mark answers from Module 6 – Victimology:

1. U.S. Law in Compensation for Victims of Crime

The U.S. has a federal Crime Victims Fund (1984) under the Victims of Crime Act
(VOCA), offering compensation for medical bills, lost wages, and counseling. Each state also
operates its own compensation program.

2. National Legal Services Authority (NALSA)

NALSA provides free legal services to eligible victims and implements victim
compensation schemes under Section 357A CrPC in coordination with State Legal Services
Authorities (SLSAs).
3. Indian Government Measures to Rehabilitate Victims of Crime

Initiatives include One-Stop Centres, Nirbhaya Fund, victim compensation schemes under
CrPC, and psychosocial support programs through DLSAs and NGOs.

4. Purpose of Victim Compensation Fund

To provide financial support to victims for medical treatment, rehabilitation, and legal aid,
especially in cases where the offender is unidentified or indigent.

5. Significance of POCSO in Giving Justice to Child Victims

The POCSO Act, 2012 ensures child-friendly procedures, special courts, and mandatory
reporting. It also mandates free legal aid and compensation to child victims of sexual
offences.

6. Challenges in Implementing Victim Compensation in Rural India

• Lack of awareness,
• Bureaucratic delays,
• Poor legal aid,
• Corruption,
• and stigma hinder access to compensation in rural and tribal areas.

7. Impact of Psychological/Psychosocial Counseling on Victim

Rehabilitation

Counseling helps in trauma recovery, improves mental well-being, reduces chances of

secondary victimization, and supports victims in reintegrating with society.

8. Difference Between Restorative Justice and Traditional Criminal Justice

System

• Restorative Justice: Focuses on repairing harm, victim participation,

reconciliation, and community healing.
• Traditional System: Focuses on punishment of the offender, often sidelining
victim needs and participation.
1. UN Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power (1985)

Introduction:
Adopted by the UN General Assembly in 1985, this declaration was a milestone in
recognizing the rights of victims of crime and abuse of power. Though non-binding, it laid
the foundation for national policies worldwide.

Key Features:

1. Definition of Victim – Recognized persons suffering harm from criminal acts or

abuse of authority.
2. Access to Justice – Victims must be treated with respect and allowed to
participate in proceedings.
3. Restitution & Compensation – Offenders or the state must provide financial or
other forms of compensation.
4. Assistance & Support – Psychological, legal, and medical services should be
made available.
5. Victims of Abuse of Power – Extended rights to victims under authoritarian
regimes or misuse of authority.

Conclusion:
This declaration internationalized victim rights and compelled states like India to implement
victim-centric reforms, like Section 357A CrPC and POCSO Act.

2. Legal Aid and Support for Victims

Introduction:
Legal aid and support are essential to ensure victims are not re-victimized by the justice
system and can effectively participate in legal proceedings.

Forms of Legal Aid and Support:

1. Free Legal Aid Services – Under Legal Services Authorities Act, 1987 via NALSA
and DLSAs.
2. POCSO and Domestic Violence Acts – Mandate child-friendly procedures and
legal aid.
3. One-Stop Centres – Funded under the Nirbhaya Fund to provide legal,
psychological, and medical aid.
4. Police and Court Assistance – Escort services, victim compensation,
protection mechanisms.
5. Helplines and Counseling Services – 24x7 helplines, rehabilitation and trauma
healing.
Conclusion:
Without accessible legal aid, justice becomes a privilege. Strengthening support services
empowers victims to seek redress without fear or hardship.

3. Comparative Approach in Different Countries for Victims’ Rights

Introduction:
Victims’ rights have evolved differently across jurisdictions, shaped by legal cultures and
international conventions.

Comparison:

• USA – Crime Victims’ Rights Act (2004): ensures the right to be heard, informed,
and compensated.
• UK – Code of Practice for Victims: outlines 12 core rights including timelines and
protection.
• Germany – Offers legal assistance and protection to victims regardless of
nationality.
• India – Emphasizes victim compensation through CrPC and POCSO; however,
suffers from uneven implementation.

Conclusion:
India can benefit from adopting enforceable victim rights laws, victim advocates, and
centralized databases to improve services.

4. Comparison of Victim Compensation Schemes (India vs Others)

Introduction:
Victim compensation ensures that victims receive monetary relief to recover from crimes.
Globally, this varies in funding, administration, and scope.

Comparison:

• India – State-based schemes under Section 357A CrPC; lacks uniformity and
quick implementation.
• USA – VOCA funds state programs; covers medical expenses, income loss,
therapy.
• UK – Criminal Injuries Compensation Authority pays fixed sums for types of
injury.
• Germany – Victim Compensation Act covers therapy, lost wages, and disability
support.
Conclusion:
India’s system is evolving but requires standardization, better outreach, and time-bound
disbursement mechanisms.

5. Legal Framework for Victim Compensation in India

Introduction:
India’s legal framework for compensating victims is enshrined in the CrPC and
complemented by judicial activism and welfare schemes.

Key Provisions:

1. Section 357 CrPC – Allows court-ordered compensation from fines imposed on

offenders.
2. Section 357A CrPC – Mandates state-funded compensation via DLSA/SLSA,
even when offender is unidentified.
3. POCSO Act & SC/ST Act – Provide for interim and full compensation for
vulnerable groups.
4. Judicial Guidelines – SC in Ankush Shivaji Gaikwad made compensation
mandatory in many cases.

Conclusion:
India’s framework reflects a shift from punishment-centric justice to victim-inclusive justice,
though implementation needs strengthening.

6. Sections 357 and 357A of CrPC

Introduction:
These two sections form the core of victim compensation under Indian criminal law.

Section 357 CrPC:

• Court may order offender to pay compensation from fine.

• Applies only post-conviction.

Section 357A CrPC:

• Introduced in 2009.
• Mandates state to compensate victims even if offender is not identified or
convicted.
• Victim Compensation Scheme is implemented by every state.

Conclusion:
Section 357A is a landmark shift, recognizing compensation as a right and not a mere
discretion.
7. Judgments Related to Victim Compensation

Key Cases:

1. Ankush Shivaji Gaikwad v. State of Maharashtra (2013): Compensation under

Section 357 is not discretionary but obligatory.
2. Laxmi v. Union of India (2014): SC ordered minimum Rs. 3 lakhs compensation
for acid attack survivors.
3. Nipun Saxena v. Union of India (2018): SC directed framework for victim
compensation for sexual violence survivors.
4. Manohar Singh v. State of Rajasthan (2015): Reaffirmed victim compensation
in heinous crimes.

Conclusion:
These judgments have compelled authorities to view compensation as a legal right and
essential to restorative justice.

8. Victim Compensation, Restitution & Rehabilitation in India

Introduction:
Restorative justice recognizes victims' needs through compensation, restitution, and holistic
rehabilitation.

Compensation:

• Section 357A CrPC ensures state compensation.

Restitution:

• Accused may be ordered to restore property or pay damages.

Rehabilitation:

• Includes medical aid, trauma counseling, shelter, education, skill-building.

• One-Stop Centres provide integrated services.

Conclusion:
These components together help reintegrate victims and restore dignity, especially for rape,
trafficking, and acid attack survivors.
9. Victim Influence on Policy and Legal Reform

Introduction:
Victims, through activism and litigation, have pushed the justice system to reform and
become more sensitive.

Examples:

• Nirbhaya Case (2012): Sparked Criminal Law (Amendment) Act, 2013.

• Acid Attack Survivors: Influenced guidelines on compensation, sale of acid,
and medical treatment.
• Child Abuse Cases: Led to POCSO Act and child-friendly court procedures.

Conclusion:
Victim advocacy continues to reshape India’s legal and policy framework, centering victims
in justice narratives.

10. Role of International Organizations & NGOs

International Organizations:

• UNODC: Provides guidelines for justice for victims.

• UN Women & UNICEF: Focus on gender and child victims.
• WHO: Mental health support models.

Civil Society/NGOs:

• Function: Legal aid, rehabilitation, awareness, advocacy.

• Examples: Majlis (Mumbai), Childline India, Human Rights Law Network.

Conclusion:
Collaboration with global bodies and NGOs ensures a more inclusive and rights-based
approach to victim support.