Victimology

During ancient times, victims had many rights and they used

to play a crucial role in the criminal justice system. The main

aim of the criminal justice system was to impart justice to the
victims. 
The Term Victimology was coined in the year 1947 by

Benjamin Mendelson by deriving from the latin term “victim”

and the Greek term “logos” meaning science of victims.
 Victimology is the scientific study of victimization, which

include the relationship between victim and the accuse

The fathers of Victimology are two criminologist Benjamin

Mendelson and Von Hentig. Benjamin Mendelson was a

Romanian attorney, whose first study on victims was published
in Belgium Criminology journal in the year 1937. This study
was based on the result of such way that he made amongst the
criminals, their families and their victims.
 Hans Von Hentig explained that how the victims contribute

knowingly or unknowingly to their own victimization and the

potential ways, by which they may share responsibility with
offender’s for specific crimes.
 Schultz:

“Victimology is the study of degree of and type of participation

of the victim in the genesis or development of the offences and
an evaluation of what is just and proper for the victim’s
welfare.”
Drapkin and Viano:

“Victimology is the branch of criminology which primarily

studies the victims of crime and everything that is connected
with such a victim.”
Victimlogy is the study of:-
Victimization

Victims offender relationship

Victims and society.

Victims and their restitution.

 Victims of crime:
 A victim is defined as a person who has suffered physical or
emotional harm, property damage, or economic loss as a
result of a crime. The rights are available to a victim who is in
Canada or who is a Canadian citizen or permanent resident.
The following people can exercise a victim’s rights if the
victim is dead or not able to act on his or her own behalf:
 A victim’s spouse.
 A common law partner who has lived with the victim for at
least one year prior to the victim’s death.
 A relative or dependant of the victim.
 Anyone who has custody of the victim or of the victim’s
dependant
 A person who has been charged, convicted, or found not
criminally responsible due to a mental disorder for the
offence that resulted in the victimization is not defined as
a victim. For example, if a parent has been charged with
abuse of a child, that parent will not be allowed to
exercise the child victim’s rights or their own rights as a
parent.
 The Punjab and Haiyana High Court in the case of Ram

Kaur J Vs Jagbir Singh [2010 (3) RCR (Crl) 391] held

that the word “victim” means not only a person, who has
suffered any loss or injury caused by reason of the act or
omission of the offender and victim also includes his or
her guardian or legal heir.
Victims of abuse of power:
 The word “abuse” comes from the Latin “abusus”
meaning a usage which is bad, excessive or unjust (see
Larousse). Mr. Ottenhof rightly pointed out that wherever
there is power there will be abuse of power.
 The abuse lies in the use of violent, fraudulent or
corrupt means to achieve dishonest or harmful
objectives.

 Three principal elements of abuse of power:

 The purposes for which the power is exercised;

 The means by which the power is exercised; and

 The limits within which the power must be exercised

 The Purposes :

 The abuse of power is often characterised by the

unlawfulness of the purposes it seeks to achieve.
 The use of power to halt or suspend proceedings or
judgments against malefactors in high positions
responsible for conventional offences or simple breaches
of the law.
 The Means:

 The Means Power may be exercised by illicit and

unlawful means.
 Abuse of power often takes the form of an omission, or a
refusal or unwillingness to act.
The Limits:

 The Limits Abuse of power occurs when power is

exercised beyond its legal or normative limits.
Theories of Victimology:

 Victim Precipitation Theory –

Some people may actually initiate the confrontation that
leads to their injury or death.
 Active precipitation – victim acts provocatively
 Passive precipitation – occurs when victim exhibits
some personal characteristics that unknowingly either
threatens or encourages the attacker.
 Lifestyle Theory –
 Certain lifestyles increase exposure to criminal offenders.
 Being in a public place late at night
 Living in an urban area
 High-risk lifestyles (i.e. drinking, drug using) Criminal
lifestyle such as carrying weapons and belonging to gangs
Deviant Place Theory
 Victim prone to victimization because one resides in a
socially disorganized high-crime area
 The more often victims visit dangerous places, the more
likely they will be exposed to crime and violence
 Routine Activity Theory
 Victimization results from the interaction of everyday
factors
• Availability of suitable targets
• Absence of capable guardians
• Presence of motivated offenders
People who live in “hot spots” elevate their chances of
victimization
 Some criminologists suggest moral guardianship might
cause some people to refrain from crime if they are bonded
with conventional attitudes (peer rejection)
Ronald Clarke contends the relationship among opportunity,
routine activities, and environmental factors increases
Impact of victimization – Social and psychological

Victimization is what happens to a person when they are

impacted as the result of a crime. These actions can have
severe consequences on emotional, psychological, and
social levels.
 Following the initial shock, the psychological

impact may cause a victim to go through a period of

disorganized activity. They may have distressing
thoughts about the event,
 They may use substance abuse as a coping mechanism
and withdraw socially.
 They may suffer from post-traumatic stress disorder.

 Negative changes in belief system

Increased feelings of vulnerability

 Persistent avoidance of things associated with the

traumatic event
Major depression.

Thoughts of suicide and suicide attempts.

Use and abuse of alcohol and other drugs.

Ongoing problems with relationships.

Anxiety disorders.

 Increased risk of further victimization.

 Concerns about being blamed

 Victims of a crime may suffer a social impact following the

event. Social isolation by others, avoidance or secondary

impacts as a result of daily interactions with people can often
re-victimize the victim.
Insensitive comments from others, being isolated by society.

 Sometime people may view the victims’ action as having

contributed to the incident.

 Victims may have difficulties performing social roles.

 Work, parenting or intimacy with a partner can all be affected.

UN Declaration of Principles of Justice for
Victims of Crime & Abuse of Power (1985)
It was adopted by General Assembly resolution on 29
November 1985.
A. Victims of crime
 "Victims" means persons who, individually or
collectively, have suffered harm, including physical or
mental injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights,
through acts or omissions that are in violation of criminal
laws operative within Member States, including those
laws proscribing criminal abuse of power.
 A person may be considered a victim, under this
Declaration, regardless of whether the perpetrator is
identified, apprehended, prosecuted or convicted and
regardless of the familial relationship between the
perpetrator and the victim. The term "victim" also includes,
where appropriate, the immediate family or dependants of
the direct victim and persons who have suffered harm in
intervening to assist victims in distress or to prevent
victimization.
The provisions contained herein shall be applicable to all,
without distinction of any kind, such as race, colour, sex,
age, language, religion, nationality, political or other
opinion, cultural beliefs or practices, property, birth or
family status, ethnic or social origin, and disability.
Rights have been granted to victims:

Access to justice and fair treatment:

Victims should be treated with compassion and dignity. They are
entitled to justice and prompt remedy provided under national
legislation.
It is important o provide the information to the victims regarding his
role, scope, timing and progress of proceedings and disposition of their
cases; while allowing the views and concerns of victims to be presented
at appropriate stages when their personal interests are affected without
prejudice to accused.
It is also important to provide proper assistance to victims throughout
the legal process and to take measures to minimize inconvenience to
victims and more importantly protect their privacy and ensure their
safety.
Avoiding unnecessary delay in the disposition of cases and execution of
orders or decrees granting awards to victim.
Restitution:
Offenders or third parties responsible for their behaviour should,
where appropriate, make fair restitution to victims, their families or
dependants.
Such restitution should include the return of property or payment for
the harm or loss suffered, reimbursement of expenses incurred as a
result of the victimization, the provision of services and the
restoration of rights.
Governments should review their practices, regulations and laws to
consider restitution as an available sentencing option in criminal
cases, in addition to other criminal sanctions.
In cases of substantial harm to the environment, restitution, if ordered,
should include, as far as possible, restoration of the environment,
reconstruction of the infrastructure, replacement of community
facilities and reimbursement of the expenses of relocation, whenever
such harm results in the dislocation of a community.
Compensation:
When compensation is not fully available from the offender or other
sources, States should endeavour to provide financial
compensation to:
Victims who have sustained significant bodily injury or
impairment of physical or mental health as a result of serious
crimes;
The family, in particular dependants of persons who have died or
become physically or mentally incapacitated as a result of such
victimization.
The establishment, strengthening and expansion of national funds
for compensation to victims should be encouraged. Where
appropriate, other funds may also be established for this purpose,
including in those cases where the State of which the victim is a
national is not in a position to compensate the victim for the harm.
 Victims should receive the necessary material, medical,
Assistance:

psychological and social assistance through governmental,

voluntary, community-based and indigenous means.
Victims should be informed of the availability of health
and social services and other relevant assistance and be
readily afforded access to them.
Police, justice, health, social service and other personnel
concerned should receive training to sensitize them to the
needs of victims, and guidelines to ensure proper and
prompt aid.
In providing services and assistance to victims, attention
should be given to those who have special needs because
of the nature of the harm inflicted or because of factors.
Victims of abuse of power:

 "Victims" means persons who, individually or collectively,

have suffered harm, including physical or mental injury,
emotional suffering, economic loss or substantial impairment
of their fundamental rights, through acts or omissions that do
not yet constitute violations of national criminal laws but of
internationally recognized norms relating to human rights.
States should consider incorporating into the national law
norms proscribing abuses of power and providing remedies
to victims of such abuses. In particular, such remedies should
include restitution and/or compensation, and necessary
material, medical, psychological and social assistance and
support.
 States should consider negotiating multilateral international

treaties relating to victims.

States should periodically review existing legislation and

practices to ensure their responsiveness to changing

circumstances, should enact and enforce, if necessary,
legislation proscribing acts that constitute serious abuses of
political or economic power, as well as promoting policies and
mechanisms for the prevention of such acts, and should
develop and make readily available appropriate rights and
remedies for victims of such acts.
Victimology Developments in Indian Criminal Law
Jurisprudence

The main objective of criminal justice system in any country

is to protect the rights of the individual. This objective is

sought to be achieved by ensuring that the accused of any
crime is punished in accordance with law, in the process of
which every measure is taken to ensure that the rights of the
accused is safeguarded.
 It is always presumed that when the offender is convicted

and punished, the victim’s claims are sufficiently satisfied.

 In any criminal case, the victim is considered only as an

informant for the material source of evidence and in most

cases, as an informant, he sets the criminal process in
motion by reporting the crime to the police. But after that
he has no further role to play unless the police consider it
necessary.
 Even if it is decided to proceed, in most cases he is

harassed under the guise of collecting adequate

information.
In the trial stage, where he is required to participate as a

prosecution witness, his position becomes more vulnerable

because of several factors like frequent adjournments, indifferent
attitudes of judges, questioning by prosecutor and the defence
lawyer etc.
He is treated as the material source of information, he has to

identify the suspects which again put him at the risk of being
intimidated by the accused/suspects. His life and safety is put at
peril. Thus victim in the criminal justice system feels not only
dejected but becomes a victim of “secondary victimisation” by
the criminal justice system.
 Various statutes even before and after independence, like The Fatal

Accidents Act, 1855, Police Act, 1861, The Probation of Offenders Act,
1958, The Motor Vehicles Act, 1988, did comprise of strings of
compensatory jurisprudence, which ultimately ensured justice to victims.
 The Fatal Accidents Act, 1855:

Section 1A of the act states about suit for compensation to the family of a
person for loss caused to it by his death due to an actionable wrong. The
Fatal Accidents Act, 1855 was the first Indian law which dealt with claim
of compensation for loss or injury suffered, by the legal representative of
the deceased for his death caused by tort/civil wrong or even by crime.
 Police Act, 1861 :
Section 15A of this act provides that compensation should be
awarded to those who suffer from misconduct of inhabitants or
persons having interests in land.
The Probation of Offenders Act, 1958 :
Section 5 of, states that in appropriate cases, the offender may be
directed to pay compensation and cost of proceedings to the
person to whom loss or injury has been caused.
 The Motor Vehicles Act, 1988:
Section 140, of this act provides the provision for liability to
pay compensation in certain cases on the principle of no fault,
141, provides for the right to claim compensation for death or
permanent disablement and section 161 talks about special
provisions as to compensation in case of hit and run motor
accident.
 The Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities) Act, 1989:

The Act tries to prevent the offences leading to atrocities

committed against the Scheduled Castes and the Scheduled
Tribes.
 The Dowry Prohibition Act, 1961, Immoral Traffic

(Prevention) Act, 1986, The Pre-Natal Diagnostic Techniques

(Regulation and Prevention of Misuse) Act, 1994 are few
such other legislations which aimed at curbing various
social vices like, dowry, trafficking, declining sex-ratio.
 The Juvenile Justice (Care and Protection of

Children) Act, 2000, the primary ambition of which is to

create for children within the criminal justice system a
child friendly environment which will always work
keeping in mind the best interest of the child and primarily
focus on reformation and rehabilitation rather than
victimize the child in the course of criminal justice
administration.
 The Protection of Women from Domestic Violence Act,

2005, was enacted for the protection of women from being

victims of domestic violence. This law has addressed all sorts of
abuses against women within the household i.e. Physical,
psychological, sexual and economic.
The Commissions for Protection of Child Rights Act, 2005,

aims to ensure that the relevant Laws, Policies, Programmes,

and Administrative Mechanisms are framed keeping in mind the
Child Rights perspective, contained in the Indian Constitution
and the UN Convention on the Rights of the Child.
 The Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006.
This Act is very significant for the tribal and the forest
dwellers since it provides for the restitution of deprived
forest rights throughout India. It includes individual rights
and community rights over common property in the forest
land.
 The Maintenance and Welfare of Parents and Senior
Citizens Act, 2007
The aims of the act to ensure maintenance and welfare of
Parents and Senior Citizens. It upholds the basic principles
guaranteed and recognized under the Indian Constitution.
 The Protection of Children from Sexual Offence Act,
2012
The aims of the act to protect sexual victimization of
children. The Act has made an elaborate
categorization of various degrees of sexual assault on
children.
 The Sexual Harassment of Women at Work Place
(Prevention, Prohibition and Redressal) Act, 2013
confers upon Women the Right to protection against
Sexual Harassment along with ensuring their right to
Livelihood.
 The victim’s right of receipt of compensation was recognized
under the Criminal Procedure Code of 1898.
 Even before amendments were introduced, CRPC contained
provisions relating to compensation to victims and disposal
of property involved in the offence, which ultimately aimed
towards ensuring justice to victims. Section 357, 358 and
359 deal with orders to pay compensation and costs.
 Section 357 CRPC attempts to combine and incorporate the
idea of punishing the offender as well as provide
compensation to the aggrieved party or the victim for the
loss or injury suffered by the victim. Under this provision
compensation can be ordered only in cases where the
accused is convicted and sentenced.
 Under section 357(1), compensation can be ordered to be

paid only in cases where the accused is punished with a

sentence of fine or with some other sentence of which fine
formed a part and further, the compensation could be paid
only out of the fine recovered. Thus, the amount of
compensation could not exceed the amount of fine, which
too was subject to the limit to which fine could be awarded
for a particular offence as well as on the extent to which
the court had power to impose fine.
 Section 357(3), tries to provide compensation to persons

who are entitled to recover damages from sentenced

person, even though, fine does not form a part of the
sentence. This ultimately broadens the scope of section
357 (3) and makes the power of a magistrate or judge to
grant compensation, under this provision unlimited.
 While awarding compensation, it is an obligation on the

court to take into account, the nature of the crime, the

injury suffered, the justness of claim for the
compensation, the capacity of the accused to pay and
other relevant circumstances in fixing the amount of fine
or compensation.
 The provision of section 357 is just and expedient to give

speedy and less expensive redress to the victim.

 The amendments brought about in the CRPC through the

2008 amendments are quiet encouraging. These

provisions guarantee certain rights and safeguards for the
victims.
 Section 372 provides for the right of the victim to prefer

an appeal against an order of the Court acquitting or

convicting the accused for a lesser offence or imposing
inadequate compensation. It aims towards direct
involvement of the victim in the justice process.
 Section 357 in The Code Of Criminal Procedure, 1973

Order to pay compensation.

(1) When a Court imposes a sentence of fine or a sentence

(including a sentence of death) of which fine forms a part, the
Court may, when passing judgment, order the whole or any part
of the fine recovered to be applied-

(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to 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;
(c) when any person is convicted of any offence for
having caused the death of another person or of having
abetted the commission of such an offence, in paying
compensation to the persons who are, under the Fatal
Accidents Act, 1855 (13 of 1855 ), entitled to recover
damages from the person sentenced for the loss resulting
to them from such death;
(d) when any person is convicted of any offence which
includes theft, criminal misappropriation, criminal breach
of trust, or cheating, or of having dishonestly received or
retained, or of having voluntarily assisted in disposing of,
stolen property knowing or having reason to believe the
same to be stolen, in compensating any bona fide
purchaser of such property for the loss of the same if such
property is restored to the possession of the person entitled
thereto.
(2) If the fine is imposed in a case which is subject to appeal,
no such payment shall be made before the period allowed for
presenting the appeal has elapsed, or, if an appeal be
presented, before the decision of the appeal.
(3) 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 reason of the act for which the
accused person has been so sentenced.
(4) An order under this section may also be made by an
Appellate Court or by the High Court or Court of Session
when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent
civil suit relating to the same matter, the Court shall take
into account any sum paid or recovered as compensation
under this section.
 Section 372 of the Criminal Procedure Code
No appeal to lie unless otherwise provided
No appeal shall lie from any judgment or order of a
Criminal Court except as provided for by this Code or by
any other law for the time being in force.
Provided that the victim shall have a right to prefer an
appeal against any order passed by the Court acquitting
the accused or convicting for a lesser offence or imposing
inadequate compensation, and such appeal shall lie to
the Court to which an appeal ordinarily lies against the
order of conviction of such Court.
Compensatory relief to victims – Judicial trend
 The term, “Compensation” means amends for the loss

sustained.
 Compensating the victim is an act which tries to counter

balance the sufferings of the victim and the losses suffered as a

result of victimization.
 In India the judiciary developed victimological and
compensatory jurisprudence through its various pronouncements
under section 357 CrPC, Constitutional Law and various other
analogous legislations that recognize victim rights.
 The judiciary has always considered the heirs and

dependents of the victims as beneficiaries in respect of grant

of compensation amount.
 The judiciary had already implemented the need to make the

accused liable for contributing towards the compensation

amount from those who have committed the offence while in
public service much prior to the legislative incorporation
since the recent criminal law amendments.
The higher judiciary in many cases has come up with very

promising schemes for compensating the victims.

 Sarwan Singh & Ors. v. State of Punjab [AIR 1978 SC 1525]

An application was put up by the deceased Mewa Singh with the

Revenue Authority against Sarwan Singh and the other accused.
The other accused included Bachan Singh, Karnail Singh, Zora
Singh and Malkait Singh. All of them were related to each other.
While the application was pending with the authority, Mewa Singh
was attacked with deadly weapons by the accused and suffered
severe injuries. He ultimately succumbed to the injuries the
following day. In this judgment, the Supreme Court exhaustively
laid down certain points to be considered while imposition of fine
or compensation.
 The Honorable Court observed that in case of awarding

compensation, it is a necessary obligation for the court to

consider some factors like, “nature of the crime, the injury
suffered, the justness of the claim for compensation, the
capacity of the accused to pay and other relevant
circumstances in fixing the quantum of fine or compensation”.
The court stated that while awarding compensation under
section 357(3), the court should first find out whether the
respective case is an appropriate case for awarding
compensation.
 Rudal Sah v State of Bihar (1983) 4 SCC 141

The petitioner Rudal Shah was illegally imprisoned for more than
fourteen years and Habeas Corpus was filed before the court for
his release. The writ prayed for his rehabilitation cost, medical
charges and compensation for illegal detention. The Court granted
monetary compensation of Rs.35, 000 against the Bihar
Government for keeping the person in illegal detention for 14
years even after his acquittal. The Court departed from the
traditional approach, ignored the technicalities while granting
compensation.
Bhim Singh v State of J&K [AIR 1986 SC 494]

In this case the appellant, who was a MLA, was arrested by the
police in connivance with the local A.D.M. while he was going
to attend an Assembly meeting. Following the mischievous and
deliberate arrest, he was detained in the police custody with the
objective of preventing him from attending the session of the
Assembly. The Apex Court held that the victim’s fundamental
right guaranteed by Art 21 was denied and thus directed the State
of Jammu and Kashmir to pay Bhim Singh Rs 50,000 within two
months from that day.
 Nilabati Behra v State of Orissa  [AIR 1993 SC 1960]

The son of petitioner was arrested by the police and next

morning his body was found laying down with several
injuries on the railway track, the Hon'ble S.C. awarded the
compensation of Rs 1,50,000 that is to be paid by the State.
 SAHELI v Commissioner of Police [1990 SCC (1)
422]
  In this land mark judgement where the son of Kamlesh
Kumari died due to ill treatment by a S.I. of Delhi Police,
the Hon'ble S.C. directed the Delhi Adm. to pay the
compensation of Rs 75,000.
 Delhi Domestic Working Women Forum v. Union of

India [(1994) 4 SCALE 608]

In this case, six village girls were raped by seven Military

jawans, while they were traveling in a train. The six
women domestic servants were travelling by Muri
Express from Ranchi to Delhi. The jawans mercilessly
molested and raped the girls in the train and threatened to
throw them from the running train in case they created hue
and cry. The girls tried to report the matter to the police
during their journey but failed.
On reaching New Delhi Railway Station, with the

assistance of some other army personnel and policemen,

the FIR was lodged with New Delhi Railway Station. In
this case, it was stated that the jurisdiction to pay
compensation shall be treated to be part of the overall
jurisdiction of the courts trying the offence of rape, which
is an offence against basic human rights.
 In this judgment, the National Women Commission was

also directed by the Apex Court to prepare a rehabilitation

scheme for such victims and it expressed the need for
setting up a Criminal Injuries Compensation Board, which
would decide the quantum of compensation to be paid to
such victims of rape after taking into consideration
various relevant factors like the pain, suffering and shock,
loss of earning due to pregnancy etc.
 Guruswamy v. State of Tamil Nadu[AIR 1979 SC 1177]

In this case the victims were brother and father of the accused
who was convicted for the murder. Petha Goundan, the father
of the accused, thirteen years ago, had divided his ten acres of
land equally between two of his sons, Guruswamy, the accused
and the other deceased. Petha Goundan expected that his sons
would be providing him Rs 250/- annually for his maintenance,
which he received initially for some time. Subsequently, he
wanted his share of the property from his two sons which this
gave rise to the misunderstanding since the appellant was not
willing to hand over the share to Petha Goundan.
 One night at about 9 p.m. the appellant along with some others came

to the house of the second deceased and attacked Petha Goundan, his
other son and also assaulted his daughter in law from his other son.
Petha Goundan and his other son succumbed to injuries caused with
sticks which ultimately gave birth to this case. The Supreme Court,
reduced the sentence from death penalty to imprisonment for life and
observed that compensation should be provided to the widow of the
son of Petha Goundan and her minor children as they have suffered
due to the death of the second deceased. A fine of Rs.10,000 was
imposed by the court to the appellant. The court also ordered that the
dependents of the victim were to be paid the same as compensation.