 Victimology

(पिडितशाष्त्र)
 List of Contents

6.1. Definition of Victimology

6.2. Evolution of Victimology
6.3. Classification of crime victims
6.4. Rights of crime victim
6.5. Role of victim in criminal justice system
6.6. Victim support system
6.7. International laws related to crime victim
 Words used in Victimology
Victimology (The study of victims and their experiences, including
the social, psychological, and legal aspects of victimization.)
Crime Victim( अपराध पिडित) (An individual who has suffered
harm or injury as a result of a crime or other adverse event.)
Primary Victim (The direct victim of a crime or harm.)

Secondary Victim (Individuals affected indirectly by a crime, such

as family members or witnesses.)
Victimization (The process of being harmed or victimized by a
crime or other adverse event.)
Trauma (Psychological or emotional damage caused by
victimization or crime.)
Revictimization (The occurrence of further victimization after the
initial harm.)
Restorative Justice (A justice system that focuses on repairing
harm caused by a crime and promoting healing for both victims
and offenders.)
Victim Compensation (Financial support given to victims to help cover the
costs incurred due to crime or victimization.)
Victim Blaming (The act of holding the victim responsible for the harm they
suffered.)
Crisis Intervention (Immediate assistance provided to victims to help them
cope with the aftermath of a traumatic event.)
Witness Victim (An individual who has witnessed a crime and may
experience emotional or psychological harm.)
Crime Victim (An individual who has been directly harmed by a criminal act.)
Victim Impact Statement (A statement made by the victim or their family,
describing how the crime has affected their life, often used in sentencing.)
Definition of Victimology
Victimology is the study of victims of crime, their roles in criminal
events, their interactions with the criminal justice system, and the
psychological, social, and legal impacts of victimization.
Victimology is a branch of criminology that examines the
relationship between victims and offenders, the patterns of
victimization, and the ways in which victims are treated by the legal
system and society.
Victimology focuses on understanding the harm caused to victims,
their needs for justice and restitution, and how restorative
processes can address their suffering while holding offenders
accountable.
Victimology is the study of individuals or groups who suffer harm,
including physical, emotional, or financial damage, as a result of
violations of human rights or criminal acts, and how legal systems
can protect and restore their rights.

Victimology examines the experiences of victims in the context of

international crimes (e.g., genocide, war crimes) and their access
to justice, reparations, and support under international legal
frameworks such as the International Criminal Court (ICC).
The concept of a victim can be traced back to ancient societies.

It was connected to the notion of sacrifice.

 In the original connotation of the term, a victim was a person or

an animal put to death during a religious ceremony in order to
appease some supernatural power or deity.
Over the centuries, the word has picked up additional meanings.
Now it commonly refers to individuals who suffer injuries, losses,
or hardships for any reason.
People can become victims of accidents, natural disasters,
diseases, or social problems such as warfare, discrimination,
political witch hunts, and other injustices.

Crime victims are harmed by illegal acts

Victimology is the scientific study of victims, their experiences,
and their treatment within the criminal justice system, focusing on
the causes, consequences, and societal responses to victimization.
The concept of victimology emerged as a subfield of criminology
but has since developed into an independent discipline that
examines the role of victims in crimes, their interactions with
offenders, and the legal frameworks designed to protect them.
The evolution of victimology can be traced back to ancient legal
systems that emphasized retribution and restitution, where
victims played a direct role in seeking justice.
However, as state-centered legal systems developed, victims'
roles diminished, with the state taking responsibility for
prosecuting crimes.
The reemergence of victimology in the 20th century was fueled by
increasing awareness of victims' rights, leading to legal reforms
and support systems.
The classification of crime victims has been a crucial aspect of
victimology, with early scholars such as Hans von Hentig and
Benjamin Mendelsohn categorizing victims based on their
vulnerability and involvement in crimes.
These classifications include completely innocent victims, victims
with minor guilt, provoked victims, and even self-victimizing
individuals.
More modern classifications distinguish between primary and
secondary victims, direct and indirect victims, and those affected
by personal, property, or social crimes.
The rights of crime victims have gained significant recognition through legal
frameworks that offer compensation, protection, and participation in the
justice process.
Today, crime victims are entitled to legal protections, financial compensation,
the right to be informed about their case, and the opportunity to provide
victim impact statements in court.
Various victim assistance programs and advocacy initiatives have been
established to ensure that victims receive justice, support, and rehabilitation.
The ongoing development of victimology continues to integrate perspectives
from criminology, sociology, psychology, and law to promote a deeper
understanding of victimization and enhance the effectiveness of legal and
social responses to crime victims.
Victimology is the scientific study of victims, their experiences,
and their role within the criminal justice system.
It examines how individuals become victims of crime, the impact
of victimization on their lives, and the response of society and
legal institutions to their suffering.
Victimology also explores the relationships between victims and
offenders, as well as the legal, psychological, and social
consequences of crime.
 The concept of victimology
The concept of victimology centers on understanding crime from
the perspective of the victim rather than just focusing on the
offender.
It includes studying the causes and effects of victimization, the
role of victims in the criminal process, and the ways in which the
justice system addresses their needs.
The field also considers different types of victimization, including
personal crimes like assault and homicide, property crimes like
theft, and social crimes such as discrimination and human
trafficking.
Victimologists analyze how victims contribute to their own
victimization, whether through situational factors or social
vulnerabilities.
Victimology examines how law enforcement, courts, and support
services interact with victims, seeking ways to improve their
treatment and recovery.
 Evolution of Victimology
The evolution of victimology traces the historical role of victims in justice
systems, the emergence of victimology as a field of study, and the modern
recognition of victims’ rights.
Throughout history, the treatment of victims has varied significantly, from
early justice systems that placed victims at the center of retribution and
restitution to the later state-controlled legal processes that largely
sidelined them.
The resurgence of interest in victims in the 20th century led to the
establishment of victimology as an academic discipline, legal reforms, and
victim support programs.
The development of victimology can be understood in the following key
phases:
1. The Early Justice System: Victim-Centered Justice
In ancient societies, justice systems were primarily victim-
centered.
Victims and their families played a direct role in punishing
offenders and seeking restitution.
There were no formal legal institutions or state-controlled
enforcement mechanisms; instead, victims were responsible for
ensuring justice, often through revenge or compensation.
Retribution and Restitution ( compensation) : Early legal
codes, such as the Code of Hammurabi (2200 BCE) and the Law of
Moses, emphasized the principle of lex talionis—"an eye for an eye,
a tooth for a tooth." This meant that punishment was directly
proportional to the harm caused by the offender.
Restitution-Based Justice: Many early societies required
offenders to compensate victims financially or through labor. If the
offender was unable to pay, their family was expected to assume
liability. This system aimed to restore the victim’s loss rather than
merely punish the offender.
Community-Based Resolution: In small, closely-knit societies,
disputes were often resolved through negotiation, mediation, or
community intervention rather than formal legal proceedings.
This early form of justice, often referred to as a victim justice
system, ensured that victims had a central role in addressing
crimes against them.
2. The Rise of the State Justice System: Decline of Victim
Involvement
With the rise of feudalism and centralized governments, justice
systems shifted from a victim-centered approach to a state-controlled
legal process. Several factors contributed to this transition:
Feudal Lords and State Control: During the medieval period, feudal
rulers and monarchs began claiming the right to administer justice.
 They viewed restitution payments as a source of revenue and
redefined crimes as offenses against the state rather than against
individual victims.
Victims Relegated to Witnesses: As the state assumed
responsibility for law enforcement and punishment, victims lost
their direct role in justice processes.
They became mere witnesses in cases prosecuted by state
authorities.
Institutionalized Punishment: The development of police
forces, courts, and prisons meant that justice focused on punishing
offenders rather than compensating victims. The shift prioritized
deterrence and social control over victim recovery.
By the 18th and 19th centuries, legal systems were firmly
centered on the offender, leaving victims with limited legal
protections and little involvement in justice processes.
3. The Rediscovery of Victims: The Emergence of Victimology
Although criminology had developed as a discipline in the late
19th century, victims remained largely overlooked in criminal
justice research until the mid-20th century.
The early 1900s saw renewed interest in understanding the role
of victims in crime, leading to the birth of victimology as an
academic field.
• Hans von Hentig and Benjamin Mendelsohn: These early
victimologists examined victim-offender relationships and
developed victim typologies.
• Von Hentig’s work emphasized how certain victim characteristics
(e.g., age, gender, social status) made individuals more vulnerable
to crime.
• Mendelsohn, known as the "father of victimology," classified
victims based on their level of involvement in crime.
Stephen Schafer (सेफर) and Functional Responsibility:
Schafer expanded on earlier typologies and introduced the
concept of "functional responsibility," arguing that victims played
varying roles in their own victimization.
Victim Precipitation ( contribution) Studies: Researchers like
Marvin Wolfgang (1958) and Menachem (मेनाहेम) Amir (1971)
explored the idea that victims could contribute to their victimization.
Wolfgang's study on homicide found that many victims initiated violent
encounters, while Amir's controversial study on rape suggested that
victim behavior sometimes influenced offender actions.
This early phase of victimology focused on classifying victims,
understanding risk factors, and exploring how victim behavior
interacted with offender actions.
 However, critics argued that these studies led to "victim blaming"
rather than advocating for victim protection and rights.
4. The Victims’ Rights Movement: Legal and Social Reforms
The 1960s and 1970s marked a turning point in victimology with
the rise of the victims’ rights movement.
Social activism, legal reforms, and increasing crime rates led to
demands for victim support and justice. Several key developments
occurred during this period:
• Presidential Commission on Law Enforcement (1967): This
U.S. commission highlighted the lack of victim data and
recommended victimization surveys to better understand crime.

• The report also suggested compensating victims and improving

victim services.
Development of Victimization Surveys: The first large-scale
victimization surveys, such as the National Crime Victimization
Survey (NCVS), provided data on unreported crimes, revealing that
official crime statistics underestimated victimization rates.
Rise of Advocacy Movements: The feminist movement played a
major role in advocating for victims of domestic violence, rape,
and sexual harassment. Shelters for battered women, rape crisis
centers, and legal protections for survivors emerged during this
period.
Victim Compensation and Assistance Programs: Governments
introduced victim compensation schemes to provide financial aid
to crime victims. Victim support organizations began offering
counseling, legal assistance, and crisis intervention.
Victim Impact Statements: Courts began allowing victims to
participate in sentencing hearings by providing statements on how
crimes affected their lives. This gave victims a voice in the justice
process.
The victimology field expanded beyond academic research to
include practical applications in law, policy, and victim advocacy.
5. Modern Victimology: Expanding Perspectives
Since the 1980s, victimology has continued to evolve,
incorporating broader perspectives on victimization, justice, and
human rights.
General Victimology: Mendelsohn proposed expanding
victimology beyond criminal victims to include victims of war,
human rights abuses, environmental disasters, and corporate
crimes.
Critical Victimology: Scholars began questioning how social
structures, power dynamics, and systemic injustices contribute to
victimization. Critical victimologists argue that marginalized
communities (e.g., minorities, refugees, LGBTQ+ individuals)
experience higher victimization rates due to structural
inequalities.
Restorative : Modern justice systems have introduced restorative
justice programs that focus on healing victims, holding offenders
accountable, and repairing harm through mediation and dialogue.
International Recognition of Victim Rights: The United Nations
adopted the Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power (1985), urging countries to protect
victim rights and provide compensation. The International
Criminal Court (ICC) now allows victims to participate in trials and
seek reparations.
Today, victimology continues to grow, integrating interdisciplinary
approaches from criminology, psychology, sociology, and law to
better understand and address victimization.
 Conclusion

The evolution of victimology reflects the shifting role of victims in

justice systems, from active participants in early retributive justice to
being sidelined in state-controlled legal processes, and eventually re-
emerging as key stakeholders in modern victim rights movements.
The development of victimology as an academic discipline, combined
with legal reforms and advocacy efforts, has led to significant
improvements in how victims are treated in the criminal justice system.
As the field continues to expand, victimologists seek to address new
challenges, including cybercrime, human trafficking, and state-
sponsored victimization, ensuring that all victims receive justice,
protection, and support.
Evolution of Victimology Based on Articles
• Early Conceptualization (Pre-20th Century)
• Religious and Cultural Roots: The concept of the victim has ancient roots, often tied to
religious practices involving sacrifice. For example, in the Old Testament, the story of Cain
and Abel reflects early notions of victimization, though victims were often ignored or
blamed.
• The term "victim" itself derives from the Latin word victima, originally referring to a living
creature sacrificed to a deity.

• Legal Traditions: Early legal systems, such as the Code of Hammurabi (1728–1686 BC) and
Roman law, included provisions for victim compensation, reflecting a recognition of the
victim's role in justice.
• However, over time, the focus shifted from victims to the state as the primary party in
criminal proceedings. The Middle Ages saw the "Golden Age of the Victim," where
compensation (composition) was a common practice in Germanic common laws.
Birth of Victimology (Early to Mid-20th Century)

• Benjamin Mendelsohn (1937–1956): Often referred to as the "Father of

Victimology," Mendelsohn introduced the term "victimology" in 1947 and
advocated for it as a separate scientific discipline.
• He focused on the victim-offender relationship and proposed a classification of
victims based on their level of guilt or innocence. Mendelsohn's work laid the
foundation for the study of victims beyond just crime, including victims of
accidents, disasters, and social injustices.
• Hans von Hentig (1948): In his book The Criminal and His Victim, von Hentig
explored the relationship between criminals and their victims, emphasizing the
victim's role in the crime. He categorized victims based on biological,
psychological, and social factors, such as age, gender, and mental state.
• Early Victim Studies: Other early contributors, such as Stephen Schafer and
Henri Ellenberger, began to study the psychological dynamics between offenders
and victims, laying the groundwork for victim-focused research. Schafer, for
example, authored the first English book on restitution in 1960, emphasizing the
importance of compensating victims.
Institutionalization and Growth (1950s–
1970s)
• First Victimology Conferences: The first conference on victimology was held in 1958 in
Brussels, organized by Professor Paul Cornil. This marked the beginning of formal academic
discussions on victimology.
• First International Symposium (1973): Organized by Israel Drapkin in Jerusalem, this
symposium brought together pioneers in victimology and led to the publication of seminal
works in the field. It was a turning point in establishing victimology as a legitimate area of
study.
• World Society of Victimology (WSV): Founded in 1979 during the Third International
Symposium in Münster, Germany, the WSV became a key organization promoting
victimological research and victim rights globally. The WSV played a crucial role in
advocating for the United Nations Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power (1985).
• Academic Journals: The first academic journal dedicated to victimology, Victimology: An
International Journal, was launched in 1976 by Emilio Viano, providing a platform for
scholarly work. Other journals, such as the International Review of Victimology, followed,
further legitimizing the field.
Expansion and Diversification (1980s–
1990s)

• UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of

Power (1985): This landmark document, influenced by the WSV, established international
standards for the treatment of victims, emphasizing their rights to justice, restitution, and
compensation. It marked a significant step in recognizing victims' rights on a global scale.
• Victim Assistance Programs: The 1980s saw the growth of victim assistance programs,
particularly in the United States, with the establishment of the Office for Victims of Crime
(OVC) and the Crime Victims Fund. These programs provided financial support and services
to victims of crime.
• International Crime Victim Surveys (ICVS): Launched in 1989, the ICVS provided
comparative data on victimization across countries, highlighting the global nature of
victimization and the need for international cooperation. The surveys revealed the "dark
figure" of crime, showing that many victims did not report their victimization to the police.
• Restorative Justice: The 1990s saw the rise of restorative justice practices, which
emphasized the role of victims in the justice process and sought to repair harm caused by
crime. Victim-offender mediation became a key tool in restorative justice, allowing victims
to confront offenders and seek restitution.
Modern Victimology (2000s–Present)

• International Criminal Court (ICC): Established in 2002, the ICC included provisions for
victim participation and reparations, reflecting a growing recognition of victims' rights in
international law. The ICC's Trust Fund for Victims provides resources for the physical,
material, and psychological needs of victims.
• Global Victim Advocacy: Victimology has expanded to address a wide range of
victimizations, including human trafficking, domestic violence, terrorism, and natural
disasters. Victim advocacy organizations have used social media and technology to
mobilize support for victims' rights.
• Victimology as a Discipline: Victimology is now taught in universities worldwide, with
specialized research institutes such as the Tokiwa International Victimology Institute (Japan)
and the International Victimology Institute Tilburg (INTERVICT, Netherlands). These
institutes promote research, training, and the dissemination of victimological knowledge.
• Focus on Prevention and Recovery: Modern victimology emphasizes not only the study
of victimization but also the prevention of victimization and the recovery of victims through
psychosocial support and trauma-informed care. Research has expanded to include
victimization surveys, causal studies on the impact of victimization, and evaluations of
victim assistance programs.
6. Major Theoretical and Practical
Developments
• Theoretical Contributions: Victimology has developed various theoretical
frameworks, including Mendelsohn's classification of victims, von Hentig's victim
typologies, and more recent models like John Dussich's Psycho-Social Coping
Model. These theories have helped explain the causes of victimization and the
ways in which victims cope with trauma.
• Victimological Research: Research has expanded to include victimization
surveys, causal studies on the impact of victimization, and evaluations of victim
assistance programs. The International Crime Victim Survey (ICVS) has been
instrumental in providing data on victimization rates and trends across countries.
• Victim Rights Laws: Many countries have enacted laws to protect victims'
rights, including compensation schemes, victim impact statements, and
provisions for victim participation in legal proceedings. The UN Declaration of
Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) has
served as a foundation for these laws.
Future Challenges and Directions

• Prevention: Victimologists are increasingly focused on primary,

secondary, and tertiary prevention strategies to reduce victimization
and support vulnerable populations. This includes addressing repeat
victimization and developing targeted interventions for at-risk groups.
• Professionalization: There is a growing call for the
professionalization of victim services, including certification and
licensing for victim advocates. This would ensure that victims receive
high-quality, evidence-based support.
• Global Advocacy: Victimologists continue to advocate for the
implementation of international conventions on victims' rights and the
enforcement of existing laws to ensure victims receive justice and
support. The goal is to move from declarations to legally binding
conventions that guarantee victims' rights.
Conclusion

• Victimology has evolved from a niche area of criminology to a dynamic

and interdisciplinary field that addresses the needs of victims across a
wide range of contexts.
• Its growth has been driven by pioneering scholars, international
organizations, and advocacy efforts, leading to significant advancements
in victims' rights, assistance programs, and research.
• As victimology continues to mature, it remains committed to reducing
victimization and improving the treatment of victims worldwide.
• The field has come a long way since its early days, but there is still much
work to be done to ensure that victims are fully recognized and
supported in all societies.
 Classifications of Crime Victims

Victimologists have classified crime victims ( अपराध पिडित) in

various ways based on their role in the crime, level of involvement,
vulnerability, and the type of offense they experience.
These classifications help in understanding patterns of
victimization, developing victim support programs, and creating
effective legal protections.
Below are the main classifications of crime victims in detail:
 1. Based on Victim’s Role in the Crime
(Victim Typologies)
Some early victimologists, such as Hans von Hentig and Benjamin
Mendelsohn, categorized victims based on their level of involvement in the
crime. These classifications emphasize whether the victim contributed to
their own victimization.
Completely Innocent Victims – These victims have no involvement or
responsibility in the crime. Examples include children, elderly individuals, or
people attacked randomly.
Victims with Minor Guilt – These individuals unintentionally put
themselves in risky situations that make them vulnerable to crime. For
example, a person who forgets to lock their house might be a victim of
burglary.
Victim as Guilty as the Offender – This applies to cases where
both parties are engaged in criminal activities. For example, a
person involved in drug dealing who is attacked by another criminal.
Victim More Guilty than the Offender – These are cases where
the victim instigates a conflict or provokes an attack. An example is a
person who starts a fight but later becomes the victim of severe
assault.
Most Guilty Victim – This category includes people who were
initially offenders but later became victims. A burglar who is killed
by a homeowner in self-defense falls into this category.
Imaginary Victim – Some individuals falsely claim victimization,
either for personal gain or due to psychological conditions. False
accusations of crimes such as rape or theft fall under this category.
 2.Based on the Level of Victimization

Victims can also be classified based on the extent of harm suffered and their
connection to the crime event.

Primary Victims – These are individuals who directly experience the crime. For
example, a person who is assaulted, robbed, or murdered is the primary victim.
Secondary Victims – These include the family members, friends, or close
associates of the primary victim who suffer emotional, psychological, or
financial harm. For instance, the parents of a murdered child or the spouse of a
rape victim may experience significant trauma.
Tertiary Victims – Communities, societies, or entire groups affected by
widespread crimes fall under this category. Examples include residents of a
neighborhood affected by a serial killer or a nation impacted by terrorism.
 3.Based on the Type of Crime
Committed
Crime victims can also be classified based on the type of offense
they experience, which influences the legal and support
mechanisms available to them.
Personal Crime Victims – These victims suffer physical or
emotional harm due to crimes like murder, assault, rape,
kidnapping, and human trafficking. The impact on personal crime
victims is often severe, requiring medical, psychological, and legal
assistance.
Property Crime Victims – These victims experience financial or material
loss due to crimes such as burglary, theft, arson, vandalism, and fraud. While
they may not suffer direct physical harm, they often experience emotional
distress and financial hardship.
Victims of White-Collar and Cyber Crimes – These victims suffer economic
and reputational damage due to crimes like identity theft, online fraud,
hacking, or corporate scams. Given the rise of digital crime, governments
have developed specialized legal frameworks to protect these victims.
Victims of State Crime and Human Rights Violations – These victims
suffer due to government oppression, police brutality, war crimes, genocide,
and systematic discrimination. International human rights laws aim to
provide justice for such victims.
 4. Based on Social and Psychological Characteristics

Certain social and psychological factors make some individuals

more vulnerable to victimization. These categories help in
identifying at-risk groups.
Children and Minors – Due to their lack of physical strength and
awareness, children are highly vulnerable to abuse, neglect,
trafficking, and exploitation. Many legal systems provide extra
protections for child victims.
Elderly Victims – Older individuals are often victims of crimes
like fraud, abuse, and neglect. Their physical vulnerability and
dependence on caregivers make them easy targets.
Women as Victims – Women are disproportionately affected by
crimes such as domestic violence, sexual assault, and honor killings.
Feminist victimology has played a key role in advocating for stronger
legal protections for female victims.
Persons with Disabilities – Those with physical or mental disabilities
are more likely to be victims of violence, exploitation, and neglect due
to their dependency on caregivers and limited ability to resist abuse.
Immigrants and Minorities – Due to cultural and linguistic barriers,
racial discrimination, and socio-economic disadvantages, these groups
are often targeted for hate crimes, labor exploitation, and human
trafficking.
 6. Based on Repeated Victimization

Some individuals or groups experience victimization multiple times, either due

to lifestyle factors, environmental conditions, or systemic issues.
First-Time Victims – Individuals who experience victimization for the first
time, such as a burglary victim who has never been targeted before.
Repeat Victims – Those who suffer from crime more than once. For example, a
shop owner who experiences multiple robberies.
Chronic Victims – Some individuals or communities are repeatedly targeted for
crimes due to their vulnerability. For example, homeless individuals are
frequently victims of assault and theft.
Revictimization – This occurs when the same individual experiences different
types of crimes over their lifetime, such as a person who was abused as a child
and later becomes a victim of domestic violence.
Classifying crime victims helps in understanding patterns of
victimization, creating effective legal protections, and providing
appropriate victim support services.
Different classifications focus on the victim’s role in the crime, the
level of harm suffered, the nature of the crime, social
vulnerabilities, and relationships with offenders.
As victimology continues to evolve, these classifications
contribute to shaping policies that address victim rights, offer
protection, and ensure justice for those affected by crime.
 Rights of the Crime Victims
The rights of crime victims have gained increasing recognition
through legal reforms and advocacy efforts.
Today, many jurisdictions provide victims with protections such
as the right to be informed about their case, the right to participate
in legal proceedings, and the right to seek compensation.
Victim impact statements allow victims to express how the crime
has affected their lives, influencing sentencing decisions.
Victim compensation programs provide financial support to cover
medical expenses, lost wages, and emotional trauma.
Victim assistance programs offer counseling, legal aid, and crisis
intervention services. International conventions, such as the United
Nations Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power, have further strengthened victim rights
by urging governments to ensure fair treatment and adequate
support for victims.
 The continuous evolution of victimology ensures that the justice
system remains responsive to the needs and dignity of crime
victims.
Role of the Victims in Criminal Justice
System
• The article "Role of Victim in the Criminal Justice System" explores the
evolving position of victims in legal proceedings.
• Historically, victims played a limited role in the criminal justice
process, primarily serving as witnesses while the state handled
prosecution. Their interests were often overlooked, leading to a sense
of exclusion and dissatisfaction.
• However, with the rise of the victim rights movement, legal systems
worldwide have started recognizing the importance of victim
participation in criminal cases.
• One of the most significant advancements in victim rights has been
the establishment of legal protections and services that allow victims
to be informed about the progress of their cases.
• Many jurisdictions now grant victims the right to make impact
statements during sentencing, participate in parole hearings, and seek
compensation for damages suffered due to crimes.
• These changes aim to ensure that victims are not just passive
observers but active participants in the pursuit of justice.
• Despite these improvements, challenges persist in effectively
integrating victim participation within the legal system.
• Many victims face obstacles such as secondary victimization, where
the legal process itself becomes a source of trauma.
• Additionally, balancing victim rights with the rights of the accused
remains a complex issue, as criminal justice systems must uphold due
process and prevent any undue influence on judicial decisions.
• A growing approach to addressing these challenges is the adoption of
restorative justice models, which emphasize dialogue between victims
and offenders.
• Restorative justice seeks to provide closure for victims while
promoting offender accountability and rehabilitation.
• By allowing victims to express their experiences and seek apologies or
restitution, this approach aims to make the justice system more
inclusive and emotionally responsive.
• While the article discusses various aspects of victim involvement, it
does not focus solely on defining the role of victims in legal
proceedings.
• Instead, it provides a broader perspective on how their participation
has changed over time, the rights they have gained, and the ongoing
struggles they face.
• Ensuring a fair and victim-centered criminal justice system requires
continuous reforms that balance the needs of victims, offenders, and
the legal system as a whole.
Constitutional and Legal Provisions
Constitution of Nepal 2072 ( Article 21)
Acid and other Chemical Substances (Regulation Act) 2079
Crime Victim Protection Act of 2018
Human Trafficking and Transportation (Control) Act, 2007
Children's Act, 2018
Muluki Criminal Code 2017
Criminal Offences (Sentencing and Execution) Act, 2017 (2074)
 The Crime Victim Protection Act,
2075 (2018)
Chapter-1: Preliminary (प्रारम्भिक)
Short Title and Commencement (संक्षिप्त नाम तथा
प्रारम्भ):
English: The Act is called the "Crime Victim Protection Act, 2075 (2018)"
and comes into effect immediately.
Nepali: यो ऐनलाई "अपराध पीडित संरक्षण ऐन, २०७५ (२०१८)"
भनिनेछ र यो तुरुन्तै लागू हुनेछ।
Definitions (परिभाषाहरू):
English: Key terms like "Court," "Offence," "Offender," "Fund," "Victim,"
and "Damage" are defined. Victims are categorized into "first grade"
(directly harmed), "second grade" (indirectly harmed, e.g., eyewitnesses),
and "family victims" (dependents of deceased victims).
Nepali: "अदालत," "अपराध," "अपराधी," "कोष," "पीडित," र "क्षति"
जस्ता प्रमुख शब्दहरू परिभाषित गरिएका छन्। पीडितहरूलाई
"प्रथम श्रेणी" (प्रत्यक्ष रूपमा क्षति पुगेका), "द्वितीय
श्रेणी" (अप्रत्यक्ष रूपमा क्षति पुगेका, जस्तै चश्मदिद
गर्ने), र "परिवार पीडित" (मृत पीडितको आश्रित) गरी वर्गीकृत
गरिएको छ।
Not to be Deemed Victim (पीडित मानिने छैन):
English: Individuals harmed during lawful acts (e.g., self-defense, duty of
security personnel) are not considered victims under this Act. However,
the government may still provide relief.
Nepali: कानूनी कार्यहरू (जस्तै आत्मरक्षा, सुरक्षा
कर्मचारीको कर्तव्य) को क्रममा क्षति पुगेका व्यक्तिहरूलाई
यस ऐन अन्तर्गत पीडित मानिने छैन। तर सरकारले राहत प्रदान
गर्न सक्छ।
Chapter-2: Rights and Duties of Victims in Criminal Justice Process
(अपराध न्याय प्रक्रियामा पीडितको अधिकार र कर्तव्य)
Right to Fair Treatment (निष्पक्ष व्यवहारको अधिकार):
 English: Victims must be treated with dignity and respect during the criminal
justice process.
 Nepali: अपराध न्याय प्रक्रियामा पीडितलाई गरिमामय र सम्मानजनक
व्यवहार गर्नुपर्छ।
Right Against Discrimination (भेदभाव विरुद्धको अधिकार):
 English: No discrimination based on religion, gender, caste, etc., is allowed.
Special treatment may be given to minors, elderly, or disabled victims.
 Nepali: धर्म, लिंग, जाति आदि आधारमा भेदभाव गर्न पाइने छैन। नाबालक,
बृद्ध, वा अशक्त पीडितहरूलाई विशेष व्यवहार दिन सकिन्छ।
Right to Privacy (गोपनीयताको अधिकार):
 English: Victims of crimes like rape, trafficking, or sexual harassment have
the right to privacy. Their identity must not be disclosed.
 Nepali: बलात्कार, मानव तस्करी, वा यौन उत्पीडन जस्ता अपराधका
पीडितहरूको गोपनीयताको अधिकार छ। उनीहरूको पहिचान खुलाउन
पाइने छैन।
Right to Information Relating to Investigation (अनुसन्धान
सम्बन्धी जानकारीको अधिकार):
 English: Victims can request information about the investigation, suspect,
and progress of the case.
 Nepali: पीडितले अनुसन्धान, संदिग्ध, र मामिलाको प्रगति
सम्बन्धी जानकारी माग्न सक्छन्।
Right to Information Relating to Prosecution (अभियोग सम्बन्धी
जानकारीको अधिकार):
 English: Victims must be informed about decisions to file or withdraw charges,
court proceedings, and other relevant details.
 Nepali: पीडितलाई अभियोग दायर वा फिर्ता गर्ने निर्णय, अदालती
कार्यवाही, र अन्य सम्बन्धित विवरणहरू बारे जानकारी दिनुपर्छ।
Right to Information Relating to Judicial Proceedings (न्यायिक
कार्यवाही सम्बन्धी जानकारीको अधिकार):
 English: Victims must be informed about court hearings, bail decisions,
sentencing, and other judicial matters.
 Nepali: पीडितलाई अदालती सुनुवाई, जमानत निर्णय, सजाय, र अन्य
न्यायिक मामिलाहरू बारे जानकारी दिनुपर्छ।
Right to Become Safe (सुरक्षित हुनको अधिकार):
 English: Victims have the right to protection from threats or harm by the accused or their
associates.
 Nepali: पीडितलाई अभियुक्त वा उनका सहयोगीहरूबाट धम्की वा क्षति हुनबाट
सुरक्षाको अधिकार छ।
Right to Express Opinion (मत व्यक्त गर्ने अधिकार):
 English: Victims can express their views on charges, plea bargains, sentencing, and other
legal matters.
 Nepali: पीडितले अभियोग, सजाय, र अन्य कानूनी मामिलाहरूमा आफ्नो मत व्यक्त
गर्न सक्छन्।
Right to Appoint Legal Practitioner (कानूनी प्रतिनिधि नियुक्त गर्ने
अधिकार):
 English: Victims can hire a lawyer to represent them.
 Nepali: पीडितले आफ्नो प्रतिनिधित्व गर्न वकील नियुक्त गर्न सक्छन्।
Right of Attendance and Participation in Hearing (सुनुवाईमा
उपस्थित र सहभागी हुनको अधिकार):
 English: Victims can attend court hearings and express their opinions,
unless they are also witnesses.
 Nepali: पीडितले अदालती सुनुवाईमा उपस्थित हुन र आफ्नो मत
व्यक्त गर्न सक्छन्, बढीमा उनीहरू साक्षी भएमा बाहेक।
Right to Stay in Separate Chamber (अलग कोठामा बस्ने
अधिकार):
 English: Victims can request to stay separately from the accused during
hearings.
 Nepali: पीडितले सुनुवाईको क्रममा अभियुक्तबाट अलग कोठामा
बस्न अनुरोध गर्न सक्छन्।
Right to Have Property Returned (सम्पत्ति फिर्ता पाउने अधिकार):
 English: Property seized during investigations must be returned to the victim after the
investigation is complete.
 Nepali: अनुसन्धानको क्रममा जफत गरिएको सम्पत्ति अनुसन्धान पूरा भएपछि
पीडितलाई फिर्ता गर्नुपर्छ।
Discussion Between Victim and Accused (पीडित र अभियुक्त बीच छलफल):
 English: Courts may facilitate discussions between victims and accused to resolve
disputes, if it serves justice.
 Nepali: अदालतले न्यायको हितमा पीडित र अभियुक्त बीच छलफल गर्न सक्छ।
Right to Make Written Application (लेखीक आवेदन दिने अधिकार):
 English: Victims can request the government to appeal court decisions they disagree with.
 Nepali: पीडितले अदालतको निर्णयमा असहमत भएमा सरकारलाई अपील गर्न अनुरोध
गर्न सक्छन्।
Right to Get Information on Compensation (क्षतिपूर्ति सम्बन्धी
जानकारी पाउने अधिकार):
 English: Victims must be informed about how to claim compensation.
 Nepali: पीडितलाई क्षतिपूर्ति दावी गर्ने बारे जानकारी दिनुपर्छ।
Right to Compensation and Social Rehabilitation (क्षतिपूर्ति र
सामाजिक पुनर्स्थापनाको अधिकार):
 English: Victims have the right to compensation and social rehabilitation programs.
 Nepali: पीडितलाई क्षतिपूर्ति र सामाजिक पुनर्स्थापना कार्यक्रमको
अधिकार छ।
Right to Make Application or Appeal (आवेदन वा अपील गर्ने अधिकार):
 English: Victims can appeal court decisions within 15 days of being informed.
 Nepali: पीडितले अदालतको निर्णयमा १५ दिनभित्र अपील गर्न सक्छन्।
Duties of the Victim (पीडितको कर्तव्य):
English: Victims must report crimes, assist investigations, and provide
accurate information.
Nepali: पीडितले अपराध रिपोर्ट गर्न, अनुसन्धानमा सहयोग गर्न,
र सही जानकारी दिनुपर्छ।
Respect for Victim Rights (पीडितको अधिकारको सम्मान):
English: Authorities must respect and implement victims' rights.
Nepali: अधिकारीहरूले पीडितको अधिकारको सम्मान गर्नुपर्छ।
Application for Enforcement of Rights (अधिकार
कार्यान्वयनको लागि आवेदन):
English: Victims can approach the High Court if their rights are violated.
Nepali: पीडितको अधिकार उल्लंघन भएमा उच्च अदालतमा आवेदन
गर्न सक्छन्।
Action Not Invalid (कार्य अमान्य हुने छैन):
English: Past decisions or actions are not invalidated solely because
victims' rights were not fully enjoyed.
Nepali: पीडितको अधिकार पूर्ण रूपमा प्रयोग नभएकोले गर्दा
पुराना निर्णय वा कार्यहरू अमान्य हुने छैन।
Chapter-3: Victim Impact Report (पीडित प्रभाव
प्रतिवेदन)
Victim Impact Report Submission (पीडित प्रभाव
प्रतिवेदन दाखिल गर्ने):
English: Victims can submit a report detailing the harm they suffered.
This report is shared with the court.
Nepali: पीडितले आफूलाई पुगेको क्षतिको विवरण समावेश गरी
प्रतिवेदन दाखिल गर्न सक्छन्। यो प्रतिवेदन अदालतमा पेश
गरिन्छ।
Duplicate Copy of Report (प्रतिवेदनको प्रतिलिपि):
 English: Accused can request a copy of the report, but courts may refuse if it harms the
victim's safety or privacy.
 Nepali: अभियुक्तले प्रतिवेदनको प्रतिलिपि माग्न सक्छन्, तर पीडितको सुरक्षा
वा गोपनीयतालाई खतरा हुने भएमा अदालतले अस्वीकार गर्न सक्छ।
Victim Impact Report as Basis for Sentencing (सजाय निर्धारणमा
प्रतिवेदनको आधार):
 English: Courts may consider the report when determining sentences, except for confidential
parts.
 Nepali: अदालतले सजाय निर्धारण गर्दा प्रतिवेदनलाई आधार मान्न सक्छ, गोपनीय
भागहरू बाहेक।
No Presumption of Less Damage (कम क्षति मान्ने छैन):
 English: Not submitting a report does not imply the victim suffered less harm.
 Nepali: प्रतिवेदन दाखिल नगरेमा पीडितलाई कम क्षति पुगेको मानिने छैन।
Chapter-4: Compensation (क्षतिपूर्ति)
Interim Compensation (अन्तरिम क्षतिपूर्ति):
 English: Courts can order interim compensation for immediate medical or
financial needs.
 Nepali: अदालतले तत्काल चिकित्सा वा आर्थिक आवश्यकताको लागि
अन्तरिम क्षतिपूर्ति आदेश गर्न सक्छ।
Final Compensation (अन्तिम क्षतिपूर्ति):
 English: Courts can order offenders to pay compensation to victims. If
offenders cannot pay, the Fund provides compensation.
 Nepali: अदालतले अपराधीलाई पीडितलाई क्षतिपूर्ति तिर्न आदेश
गर्न सक्छ। अपराधीले तिर्न नसकेमा कोषबाट क्षतिपूर्ति प्रदान
गरिन्छ।
Bases for Determining Compensation (क्षतिपूर्ति
निर्धारणका आधारहरू):
English: Compensation is based on medical expenses, lost income,
emotional trauma, and other damages.
Nepali: क्षतिपूर्ति चिकित्सा खर्च, आय हानि, मानसिक आघात, र
अन्य क्षतिहरूको आधारमा निर्धारण गरिन्छ।
Group of Offenses as One (एकै अपराधको रूपमा समूह):
English: Multiple related offenses are treated as one for compensation
purposes.
Nepali: सम्बन्धित धेरै अपराधहरूलाई क्षतिपूर्ति
उद्देश्यका लागि एकै अपराधको रूपमा लिइन्छ।
Compensation in One Status Only (एउटै स्थितिमा मात्र
क्षतिपूर्ति):
English: Victims cannot claim compensation in multiple categories (e.g.,
first grade and family victim).
Nepali: पीडितले धेरै श्रेणीहरूमा (जस्तै प्रथम श्रेणी र
परिवार पीडित) क्षतिपूर्ति दावी गर्न सक्दैनन्।
Compensation Not Provided (क्षतिपूर्ति प्रदान गरिने छैन):
 English: Certain victims, like those involved in the crime or who provoke the offense, are
not eligible for compensation.
 Nepali: अपराधमा संलग्न वा अपराध प्रेरित गर्ने जस्ता पीडितहरूलाई
क्षतिपूर्ति दिइने छैन।
Compensation Priority (क्षतिपूर्ति प्राथमिकता):
 English: Compensation to victims takes priority over fines or other payments by the
offender.
 Nepali: पीडितलाई क्षतिपूर्ति दिने कुरालाई अपराधीले तिर्ने जरिवाना वा
अन्य भुक्तानीभन्दा प्राथमिकता दिइन्छ।
Recovery as Government Arrears (सरकारी बाँकीको रूपमा वसुली):
 English: If offenders fail to pay, compensation is recovered from their property.
 Nepali: अपराधीले तिर्न नसकेमा उनीहरूको सम्पत्तिबाट क्षतिपूर्ति वसुल
गरिन्छ।
Compensation for Dependent Child or Guardian (आश्रित बच्चा वा
अभिभावकलाई क्षतिपूर्ति):
 English: If a victim dies, their dependents or guardian can claim compensation.
 Nepali: पीडित मरेमा उनका आश्रित बच्चा वा अभिभावकले क्षतिपूर्ति दावी
गर्न सक्छन्।
Deduction of Interim Compensation (अन्तरिम क्षतिपूर्ति कटौती):
 English: Interim compensation is deducted from the final compensation amount.
 Nepali: अन्तरिम क्षतिपूर्तिलाई अन्तिम क्षतिपूर्ति रकमबाट कटौती
गरिन्छ।
Compensation to Fund if Unclaimed (दावी नगरेमा कोषमा जम्मा):
 English: Unclaimed compensation is transferred to the Fund after six months.
 Nepali: दावी नगरेको क्षतिपूर्ति रकम छ महिनापछि कोषमा जम्मा गरिन्छ।
No Entitlement to Compensation by Others (अन्यलाई
क्षतिपूर्तिको हक छैन):
English: Only victims or their dependents can claim compensation.
Nepali: पीडित वा उनका आश्रितहरू मात्र क्षतिपूर्ति दावी
गर्न सक्छन्।
Chapter-5: Compensation Levy (क्षतिपूर्ति शुल्क)
Compensation Levy (क्षतिपूर्ति शुल्क):
English: Offenders must pay a levy to the Fund based on their sentence
(e.g., Rs. 200 for less than one year imprisonment).
Nepali: अपराधीले आफ्नो सजायको आधारमा कोषमा शुल्क
तिर्नुपर्छ (जस्तै एक वर्षभन्दा कम कैदको लागि २००
रुपैयाँ)।
Liability to Pay Levy (शुल्क तिर्ने दायित्व):
English: The levy must be paid even if fines or other payments are also
required.
Nepali: जरिवाना वा अन्य भुक्तानी तिर्नुपर्ने भए पनि शुल्क
तिर्नुपर्छ।
Reduction or Waiver of Levy (शुल्क घटाउने वा माफ गर्ने):
English: Courts can reduce or waive the levy if offenders cannot afford it.
Nepali: अपराधीले शुल्क तिर्न नसकेमा अदालतले घटाउन वा माफ
गर्न सक्छ।
Chapter-6: Victim Protection Suggestion Committee (पीडित
संरक्षण सुझाव समिति)
Victim Protection Suggestion Committee (पीडित संरक्षण
सुझाव समिति):
English: A committee is formed to advise the government on victim
protection policies.
Nepali: पीडित संरक्षण नीतिहरूमा सरकारलाई सल्लाह दिन समिति
गठन गरिन्छ।
Functions of the Committee (समितिको कार्यहरू):
English: The committee suggests improvements to laws, policies, and
services for victims.
Nepali: समितिले पीडितका लागि कानून, नीति, र सेवाहरूमा सुधार
सुझाव दिन्छ।
Meeting Allowance (बैठक भत्ता):
English: Committee members receive allowances for attending meetings.
Nepali: समिति सदस्यहरूले बैठकमा सहभागी हुन भत्ता पाउँछन्।
Chapter-7: Miscellaneous (विविध)
Compensation from Fund (कोषबाट क्षतिपूर्ति):
English: Victims of offenders who cannot be held criminally liable (e.g.,
due to age or mental illness) can claim compensation from the Fund.
Nepali: अपराधीले आफ्नो उमेर वा मानसिक अस्वस्थताको कारणले
आपराधिक जिम्मेवारी बोक्न नसकेमा पीडितले कोषबाट
क्षतिपूर्ति दावी गर्न सक्छन्।
Claim for Compensation (क्षतिपूर्ति दावी गर्ने):
English: Victims must explicitly claim compensation during prosecution.
Nepali: पीडितले अभियोगको क्रममा क्षतिपूर्ति दावी
गर्नुपर्छ।
Provision of Information (जानकारी प्रदान गर्ने):
 English: Authorities must provide victims with necessary information.
 Nepali: अधिकारीहरूले पीडितलाई आवश्यक जानकारी प्रदान गर्नुपर्छ।
Notice of Final Hearing (अन्तिम सुनुवाईको सूचना):
 English: Victims must be informed of final court hearings at least seven days in
advance.
 Nepali: पीडितलाई अन्तिम अदालती सुनुवाईको कम्तीमा सात दिन अगाडि
सूचना दिनुपर्छ।
Modes of Giving Notice (सूचना दिने तरिकाहरू):
 English: Notices can be given in writing, orally, or electronically.
 Nepali: सूचना लेखीक, मौखिक, वा इलेक्ट्रोनिक माध्यमबाट दिन
सकिन्छ।
Power to Appoint Representative (प्रतिनिधि नियुक्त
गर्ने अधिकार):
English: Victims can appoint representatives to enforce their rights.
Nepali: पीडितले आफ्नो अधिकार कार्यान्वयन गर्न प्रतिनिधि
नियुक्त गर्न सक्छन्।
Power to Frame Rules (नियम बनाउने अधिकार):
English: The government can create rules to implement the Act.
Nepali: सरकारले ऐन कार्यान्वयन गर्न नियम बनाउन सक्छ।
Power to Make Directives (निर्देशन जारी गर्ने अधिकार):
English: The government can issue directives related to compensation.
Nepali: सरकारले क्षतिपूर्ति सम्बन्धी निर्देशन जारी गर्न
सक्छ।
International Instruments on Victimology
United Nations Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power (1985)
Convention on the Rights of the Child (1989)
Rome Statute of the International Criminal Court (1998)
International Convention for the Protection of All Persons from
Enforced Disappearance (2006)
Council of Europe Convention on Preventing and Combating
Violence Against Women and Domestic Violence (Istanbul
Convention, 2011)
European Convention on the Compensation of Victims of Violent
Crimes (1983)
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children (Palermo Protocol, 2000)
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW, 1979)
International Covenant on Civil and Political Rights (1966)
Universal Declaration of Human Rights (1948)
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (1984)
Convention on the Rights of Persons with Disabilities (2006)
1. Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power
(Resolution 40/34)( 1985)
A. Victims of Crime
Article 1: Defines "victims" as persons who have suffered harm, including
physical or mental injury, emotional suffering, economic loss, or impairment of
fundamental rights due to criminal acts.
Article 2: Expands the definition of victims to include immediate family
members, dependents, and those who intervene to assist victims.
Article 4: Victims should be treated with compassion, respect, and dignity, and
have access to justice and prompt redress.
Article 5: Calls for the establishment of judicial and administrative mechanisms
to ensure victims can obtain redress through fair, accessible, and speedy
procedures.
Article 6: Highlights the need to inform victims of their role in proceedings,
Article 8: Emphasizes restitution by offenders or third parties to
victims, including the return of property, payment for harm, and
reimbursement of expenses.
Article 12: States should provide financial compensation to
victims when restitution from offenders is insufficient.
Article 14: Victims should receive necessary material, medical,
psychological, and social assistance through governmental and
community-based means.
Rome Statute of the International Criminal Court
(1998)

Article 68 ensures the protection and participation of victims and

witnesses in ICC proceedings.
• It mandates measures to safeguard their safety, privacy, and well-being,
especially in cases involving sexual violence or children.
• Proceedings can be held privately or use special methods to protect
them. Victims can express their views without compromising the
accused's rights.
• The Victims and Witnesses Unit advises on protection, and evidence can
be withheld if it endangers witnesses. States can also request protective
measures.
• The article balances victim protection with fair trial rights.
Universal Declaration of Human Rights (1948):

Article 6: Everyone has the right to recognition

everywhere as a person before the law.
Article 7: All are equal before the law and are entitled
to equal protection against discrimination.
Article 8: Everyone has the right to an effective
remedy by competent national tribunals for acts
violating their fundamental rights.
International Covenant on Civil and Political Rights (1966):

Article 2(3)(a): Ensures that any person whose rights

are violated shall have an effective remedy, even if the
violation was committed by someone acting in an
official capacity.
Article 14(1): Guarantees equality before courts and
tribunals, ensuring fair and public hearings.