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JUSTICE TO VICTIMS

OF CRIME IN INDIA:
AN ANALYTICAL
STUDY
PRESENTED BY
RAMAKANT

INTRODUCTION

It is now standard practice to observe that


the victim has log been forgotten party in
criminal justice. Occasionally victims would
appear on the scene as complainant and
applicant for compensation, or as
complainants and applicants for
compensation ,or as witnesses but thereafter
they were often largely neglected.
This situation has now been changed. Now
sufficient attention is paid to the rights of
crime victims.

DEFINITION,MEANING AND
CONCEPT OF VICTIM

MEANING OF VICTIM
A

victim of crime in ordinary language means a person againt


whom a crime has been committed.
The term victim has been given a wider meaning and includes the
immediate family members,such as wife ,children, aged parants.

DEFINITION OF VICTIM

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.

According to section (wa)The Code of Criminal Procedure,1973


victimmeans a person who has suffered any loss or injury
caused by reason of the act or omission for which the accused
person has been charged and the expressionvictimincludes his
or her guardian or legal heir;

EMERGENCE OF VICTIMOLOGY

victimology is subfield of criminology that


socializes in studying the victim, victimisation,
reactions and effects of victimisation.
The term victiomology is generally credited to
Beniamin Mendelsohn in 1947.though some suggest
that Frederick Wertham first uses the term in 1949.
Latter on Tierney identifies two major early
traditions in victimology. The first approach
focused primarily on psychological characteristics
and social circumstances. Second, focused more on
attempts to measure the extent of victimization.
Both of these might broadly be described as form
of positive victimology.

HISTORY AND DEVELOPMENT OF


VICTIMOLOGY IN INDIA

The concept of victim is an ancient one that


is found in many culture and that is
inextricably intertwined with religious
sacrifice.
Epics and mythology often numerous
examples of symbolic sacrifices of victim.
Historically the victim had a broader meaning
relating to misfortune of many sort, not just
suffering caused by crime.
The evolution of the concept can be traced
both historically and theoratically.

Historically the concept of victimology in


crude sense was not only part of
Hammurabis code but also existed in more
developed sense than the present.
Manu in chapter 8 ,verse 287 also talks about
the compensation to the victim.

EXPANDING DIMENSIONS OF
VICTIMOLOGY

During 1940s victimologist like, Mendelson,


Von hentig and Wolfgang considered victims
as helpless person who instigated their own
victimization.
In modern sense, the term victim connotes
any person who experiences injury, loss, or
hardship and suffering due to any cause.
The term is not confined to victims of crime
alone but is used in other area as well, such
as accident victims,Tsunami victim,famine
victim,etc.

The term crime victim refers to any person,


group or entity who has suffered enjury due
to illegal activity of someone.The harm can
be physical, psychological or economic.

ROOTS OF VICTIMOLOGY

Benjamin Mendelsohn (1900-1998)


Victimology should be part of criminology
Hans von Hentig (1887-1974)
The Criminal and His Victim
Classified victims according to personality
Importance of subject-object relations
Case studies:

Reena Virk
Fred Shipman
Holly Jones

70s and 80s art of blaming the victim


Role of political and ideological climate

AFFECTED VICTIMS
PHYSICALLY AFFECTED
FINANCIALLY AFFECTED
AFFECTING

FAMILY PEACE
PSYCHOLOGICALLY AFFECTED

VICTIMS RIGHT
The

right to protection from intimidation and


harm.
The right to be informed concerning the criminal
justice process.
The right to reparations.
The right to preservation of property and
employment.
The right to due process in criminal court
proceedings.
The right to be treated with dignity and
compassion.
The right to counsel.

LIABILITIES FOR CRIME VICTIMS


UNDER STATUTORY PROVISIONS
IN INDIA

COMPENSATION TO VICTIMS OF CRIME


1.
2.
3.
4.
5.
6.

FATAL ACCIDENTS ACT,1855


MOTOR VEHICLE ACT,1988
CRIMINAL PROCEDURE CODE,1973
COMPENSATION FOR HUMAN RIGHTS
VIOLATION
CONSUMER PROTECTION ACT 1986
PROBATION OF OFFENDERS ACT ,1958

RECOMMENDATION OF COMMITTEE ON JUSTICE TO VICTIM

The

Law Commission in its report in 1996, stated that


the state should accept the principle of providing
assistance to victims out of its own trends in cases of:

acquittal, or
where the offender is not traceable but the victim is
identified , or
Where the offence is proved

The

justice Malimath Committee on Reform of Criminal


justice system has made many recommendation of forreaching significance to improve the position of victims
of crime in criminal justice system including the victims
right to participate in causes and to adequate
compensation.

ROLE OF JUDICIARY TOWARD CRIME


VICTIMS AS A PUBLIC LAW REMEDY
1.

COMPENSATORY JUSTICE TO THE VICTIMS OF


1.

ILLEGAL ARREST AND UNWARRANTED ARREST

2.

ATROCITIES,CUSTODIAL DEATHS AND FAKE INCOUNTERS

3.
4.

Nilabati Behera vs. State of Orissa


Saheli vs commissioner of Police

POLICE FIRING ,ROITS,AND UNTOWARD HAPPENINGS


RAPE

5.

Rudal sah vs. State of Bihar


Bhim Singh vs. State of J. & k.

Chairman Railway Board vs. Chandrima Das

SEXUAL ASSAULT

Delhi Domestic Working Women Forum case vs Union of


India

SUGGESTIONS

There must be separate law for the victims of crime so


that victim may seek justice easily.
corruption should be reduced from the criminal justice
system.
The law must also provide for institutional set up as we
have in western countries.
If possible it would be better to give the compensation
as a right to victim.
In case of women to proven victimization, the women
should be empowered with political power. By this way,
they will less suffered by others.
Children should be given proper study and aware of
their right so that they can not be victim by the wrong
doer and high profile person.

Providing proper assistance to victims


throughout the lagal process.
Taking measures to victims, protect their
privacy, when necessary, and ensure their
safety, as well that of their behalf, from
intimidation and retaliation.\
Avoiding unnecessary delay in disposition of
cases and the execution of orders or decrees
granting award to victims.

CONCLUSION

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