VICTIMOLOGY

PROJECT REPORT SUBMISSION FOR 1ST

SEMESTER SUBMITTED IN REQUIREMENT
IN FULFILLMENT OF L.L.M.

LATEST TRENDS IN
VICTIMOLOGY AND
COMPENSATION

SUBMITTED TO: SUBMITTED

B Y:
PROF. GEETA JOSHI GURLEEN KAUR
LLM 1ST SEMESTER
ROLL NO. 1215/23

DEPARTMENT OF LAWS
 ABSTRACT
Victimology can be stated as a study to understand the crime from the victim’s
perspective who has or is suffering from any injury or destruction due to some
other individual’s or group of individual’s action. Under criminal law and
criminology, an individual who suffers a physical or mental harm, property
damage or economic loss due to wrong done by the others is said to be a victim
of a crime. Itis seen that the concept of victimology or victimization is not fully
accepted by criminologists. Under criminal justice system, a victim needs to be
treated with compassion, and rendered compensation and assistance. Thus,
victimology deals with the issues that have developed as a branch of criminology.
This paper seeks to study various laws that have been executed by the legislature
regarding awarding of compensation to the victim of crime. It aims to studying of
extended approach been given by the Supreme court in its various decisions to
the importance of compensation to victim in Criminal Justice System. By
discussing about the relation between Criminology, Penology and Victimology,
the paper further discusses about historical evolution of compensation to be given
to victim along with how victim compensation had been given importance in
foreign countries. Further, this paper will state about how compensation had been
given importance in various acts and judicial cases. To conclude, it can be stated
that compensation of victim is an essential element to be considered in criminal
justice system as a victim who had to suffer due to negligence, fault, etc. of the
offender needs to be restored to place where it had been before the crime.

INTRODUCTION
The word ‘Victimology’ as derived
from a latin word ‘victima’ and a
greek word ‘logos’ which was
given in the year 1947 by a French
lawyer, Benjamin Mendelson.
Victimology can be stated as a
study
to understand the crime from the
victim’s prespective who has or is
suffering from any injury or
destruction due to some other
individual’s or group of
individual’s action.
Victimology is the study of causes
of victimization, its consequences
and how the criminal justice
system to which the victim belongs
helps such victim. It involves
scientific approach towards
knowing
of what is the relationship between
the criminal and the victim. Not
only aspect of crime done to victim
but also any kind of human right
violation is studied under
victimology. Under criminal justice
system,
a victim need to be treated with
compassion, and rendered
compensation and assistance, so
victimology
dealing with these issues has
developed as a branch of
criminology.
The word ‘Victimology’ as derived
from a latin word ‘victima’ and a
greek word ‘logos’ which was
given in the year 1947 by a French
lawyer, Benjamin Mendelson.
Victimology can be stated as a
study
to understand the crime from the
victim’s prespective who has or is
suffering from any injury or
destruction due to some other
individual’s or group of
individual’s action.
Victimology is the study of causes
of victimization, its consequences
and how the criminal justice
system to which the victim belongs
helps such victim. It involves
scientific approach towards
knowing
of what is the relationship between
the criminal and the victim. Not
only aspect of crime done to victim
but also any kind of human right
violation is studied under
victimology. Under criminal justice
system,
a victim need to be treated with
compassion, and rendered
compensation and assistance, so
victimology
dealing with these issues has
developed as a branch of
criminology.
The word ‘Victimology’ as derived from a Latin word ‘victima’ and a Greek
word ‘logos’ which was given in the year 1947 by a French lawyer, Benjamin
Mendelson. Victimology can be stated as a study to understand the crime from
the victim’s perspective who has or is suffering from any injury or destruction
due to some other individual’s or group of individual’s action. Victimology is the
study of causes of victimization, its consequences and how the criminal justice
system to which the victim belongs helps such victim. It involves scientific
approach towards knowing of what is the relationship between the criminal and
the victim. Not only aspect of crime done to victim but also any kind of human
right violation is studied under victimology. Under criminal justice system, a
victim needs to be treated with compassion, and rendered compensation and
assistance, so victimology dealing with these issues has developed as a branch of
criminology.

Concepts of Victim, Victimization and

Victimology
Victim: In Section 2 (wa) of the Code of Criminal Procedure, 1973, “Victim
means 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 expression
victim includes his or her guardian or legal heir.”
According to:
Fattah (1966)
“The Victim may be specific such as physical or moral person (Corporation,
State, and Association) or non-specific and an abstraction.”

Classification of victims
There are majorly three types of victims
a. Primary Victims
Any person(s) who suffers harm or injury due to illegal or criminal act of some
other person. The harm may be physical, financial or psychological.
b. Secondary Victims
Any person(s) who suffers any harm or injury due to harm or injury to the
primary victim.
c. Tertiary Victims
Tertiary victims are those who experiences any harm or injury due to the criminal
act of the perpetrator.

Victimization:
The act of a person being harmed by a crime, tort or other wrong is victimization.
A victimized person suffers through various physical, financial, or psychological
injuries/loss.
HISTORICAL EVOLUTION IN VICTIM COMPENSATION LAW IN INDIA
• In ancient times in India victim offender mediation was very common between
the people.
Tribal courts ensured justice to the victim by punishing the offender to provide
compensation as Offender compensates victim in order to buy back the peace he
had broken ,and also to protect himself from the violent retaliation of victim, as
at that time the justice system was on revenge based.
• After that manusmriti, arthshastra and other religious books provided the laws
for the victim compensation.
• In medieval period victim compensation was don by Islamic laws
• It was when Britisher came the very first case of restitution can be seen in
section 545 of code of criminal procedure. the principal aspect of the victim
support and assistance was compensation for injuries which was an important
part of right to life'.
• After the need for a statutory law made "sec 357 of the code of criminal
procedure 1973" which made an obligation on states to provide compensation to
victims.
• After that many committees like malimath committee, various law commission
reports and various court case has added to victim compensation law.

COMPENSATION UNDER INDIAN CONSTITUTION

Recently the Supreme Court of India has given a new dimension to the Article 21
by interpreting it dynamically so as to include compensation to the victims under
its scope. Indian constitution has several provisions which endorse the principle
of victim compensation. In one case the Supreme Court, considering the plight of
many rape victims in the country, wanted the National Commission for Women
to draw up a scheme for compulsory payment to victims of sexual violence.
Despite the sympathy expressed in several circles, victim compensation law
continues to be in an unsatisfactory acknowledge in criminal justice with the
result there is very little interest shown by them in successful prosecution of
criminal cases.[viii]
Besides the many judgements of various High Courts and the Supreme Court of
India, the Law Commission of India has also submitted the crucial Reports in
which it has recommended to provide the compensation to the victims of crime.
Among many reports, 142nd, 144th, 146th, 152nd, 154th and 156th are very important
reports which have made very important contributions towards compensation of
victims. Following the various reports and judicial decisions, the Government of
India has made amendments in the Code of Criminal Procedure and s.157A has
been inserted in 2009.
Fifth Law Commission, in 42nd report[ix] dealt with compensation to victim of
crime in India. While dealing, it referred to and highlighted the “three patterns”
of compensating victims of crime as reflected in Code of Criminal Procedure of
France, Germany, and (Former) Russia. The three patterns are:
 Compensation by the state;
 Compensation by the offender either by asking him to pay it from the fine
imposed or a specified amount; and
 3) Duty to repair the damage done by the offender.

CONTRIBUTIONS MADE BY THE UNITED NATIONS

The basic purpose of United Nations is to protect the human rights of people and
to maintain the peace in this world. Therefore, for the improvement of the
humanity, United Nations has been playing a great role in protecting the human
rights of the victims of crime. From time to time it has been calling the
international conventions, declarations and other forms of international seminars.
One of the most important developments in the field of victimology in the last
twenty years has been the formal approval by the General Assembly of the
United Nations on November 11, 1985 of the “UN Declaration of basic
Principles of Justice for Victims of Crime and Abuse of Power”. In the
Declaration the broadest definition of victim has been given in paragraphs 1&2.
The victim is not the person who himself suffered harm physical, emotional or
economic loss but term “victim” also includes, where appropriate, the immediate
family or dependants of the direct victim and person who have suffered harm in
intervening to assist victims in distress or to prevent victimization. Following
rights have been granted to victims:
 Access to justice and fair treatment
It is said that 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. Of course, 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
expences 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:
1. Victims who have sustained significant bodily injury or impairment of
physical or mental health as a result of serious crimes;
2. The family, in particular dependants of persons who have died or become
physically or mentally incapacitated as a result of such victimization.
3. 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 those cases where
the state of which the victim is a national is not in a position to compensate
the victim for the harm.

Contribution of the Indian Judiciary An examination of the working of the Indian

Justice system demonstrates that the attributes of compensatory law existed in
India, even before the 1985 UN Declaration. The privilege of receipt of
compensation by the victim was perceived under the Criminal Procedure Code of
1898 just in situations where a substantive sentence of fine was levied and was
constrained to the genuine measure of fine realised. Indeed, even before
amendments were presented, CrPC contained arrangements identifying with
compensation to victims and disposal of property associated with the offense,
which at last pointed towards guaranteeing justice to victims. Section 357, 358
and 359 deals with order to pay compensation and cost to victims. Section 357
CrPC provides for punishing the wrongdoer and further to pay compensation to
the aggrieved party or the victim for the harm or injury suffered by the victim.
Under this section compensation can be ordered just in situations where the
accused is convicted and condemned. In such cases, it is of little significance
whether fine is imposed. Under section 357(1) of CrPC, the court has been
empowered to order the payment of compensation to the victim of the offence
out of the fine imposed on the accused person while passing an order of sentence
of which fine forms a part. Clause (c) contains a provision for compensating the
heirs and dependents of the person who is a victim of homicide. In this manner,
the measure of compensation couldn't surpass the measure of fine. Section 357(3)
which was introduces in 1973, provides when a court imposes a sentence of
which fine is not a part in such a case, the court has the power to direct the
accused to pay compensation to the victim. The compensation should be payable
for any loss or injury, whether physical or pecuniary and the court shall give due
regard to the nature of the injury, the manner of inflicting the same, the capacity
of the accused to pay and other relevant factors.21 The Supreme Court of India in
Harikrishna and State of Haryana v Sukhibir Singh and others22 observed that
under section 357(3), the court can award compensation in cases when no fine
can be levied The Supreme Court observed that: “It is an important provision but
courts have seldom invoked it, perhaps due to ignorance or the object of it. It
empowers the court to award compensation to the victims while passing
judgment of conviction. In addition to convictions, the court may order the
accused to pay same amount by way of compensation to the victims who was
suffered by the action of the accused. It may be noted that this power of the court
to award compensation is not ancillary to other sentences but it is in addition
thereto. This power was intended to do something to reassure the victim that he
or she is not in the criminal justice system. It is a measure of responding
appropriately to the crime as well as of reconciling the victim with the offender.
It is to some extent, a constructive approach to crime. It is indeed a step forward
in our criminal justice system. We, therefore, recommend to all courts to exercise
this power liberally, to meet the end of the justice in a better way. – While
awarding compensation the court must be satisfied that, the victim has suffered
loss or injury due to the act, neglect, or default, of the accused. This may be
physical, mental, or pecuniary loss or injury and the victim is entitled to
compensation. Thus, the provision of section 357 is just and expedient to give
speedy and less expensive redress to the victim
The restorative and reparative theories that have developed in response to the
plight of the victims of crime also underline the necessity to compensate the
victim of the crime. While explaining the rationale of compensating the victims
of crime, the Supreme Court of India in State of Gujarat v. Hon’ble High Court
of Gujarat23 observed: ‘In our effort to look after and protect the human rights of
the convict, we cannot forget the victim or his family in case of his death or who
is otherwise incapacitated to his livelihood because of the criminal act of the
convict. The victim is certainly entitled to reparation, restitution, and safeguard
of his rights. Criminal justice will look hollow if justice is not done to the victims
of crime. A victim of crime cannot be a “forgotten man” in the criminal justice
system. It is he who suffered the most. His family is ruined particularly in case of
death and other bodily injury. This apart from factors like loss of reputation,
humiliation, etc. An honour, which is lost or life which is snuffed out cannot be
recompensed but then monetary compensation will at least provide some
solace.24 Under section 358, at whatever point any individual makes some other
individual be baselessly arrested, the Magistrate may grant compensation to the
degree of Rs 1000/ - to the individual who is the victim of such arrest. As per
section 358, there should be some immediate association between the arrest and
the complainant. Nevertheless, to make this provision viable, it should be
demonstrated that the arrest of the accused was caused by the source with no
adequate grounds.25 According to Section 359, an Appellate Court, High Court
or a Court of Session in exercise of its revisional powers, can order payment of
costs in cases where a complaint for a noncognizable offence is made to a Court,
and the accused is convicted by the Court. In addition to the penalty imposed, it
may, order the accused to pay to the complainant, either in whole or in part, the
cost which is incurred by the complainant in the prosecution. Further, the court
may also order that in case the accused fails to make the payment, the accused
shall be subject to simple imprisonment for a period of not more than thirty
days.26 Also, Section 237 and 250 of CrPC deals with payment of compensation.
Under section 237 CrPC, a court of session shall take cognizance of an offence as
per provision contained in section 199 (2) of CrPC. According to section 237(3)
CrPC, “If, in any such case, the Court discharges or acquits all or any of the
accused and is of opinion that there was no reasonable cause for making the
accusation against them or any of them, it may, by its order of discharge or
acquittal, direct the person against whom the offence was alleged to have been
committed (other than the President, Vice-President or the Governor of a State or
the Administrator of a Union Territory) to show cause why he should not pay
compensation to such accused or to each or any of such accused, when there are
more than one”. If the court considers that there lacks reasonable ground of the
allegation, it may order the concerned person to pay compensation to the victim
of false accusation, not exceeding Rs 1000/- after recording reasons for the same.

Emerging Trends in Victimology:

International scenario The Declaration of Basic Principles of Justice for Victims

of Crime and Abuse of Power (UN General Assembly, 1985), considered the
'magna carta' for victims, gives the fundamental system of standards which over
the most recent two decades have been vociferously wrangled about and changed
over as victims’ rights by a portion of the developed nations. The global
measures expected of the nations in the treatment of victims have been
extravagantly nitty gritty in the UN Handbook on Justice for Victims.18 The
recently created interests in crime victims has prompted certain patterns and
approaches, some of them are as per the following: It is being expandingly
understood that the victim must be treated with nobility and regarded by the
criminal law organizations, viz. the police and the courts. Regularly secondary
exploitation of victims comes about in light because of the uninterested and hard
disposition of the criminal law offices as well as of the general population in
region, healing facilities and broad communications too. In the USA and some
European nations, statutory rules as "Victim Bill of Rights" are being given. A
victim has barely any part in the criminal justice framework, however, there is an
expanding mindfulness now that the victim must be given legitimate interest in
the trial. For example, in USA under the Witness Protection Act, 1982, victims
are to be counselled in the plea-bargaining process. In Germany, compensation is
currently payable to a victim if the charges are dropped against a guilty party.
Inventive utilize is being made of certain condemning methods like probation to
give alleviation to the victims. A guilty party, in fitting conditions, might be
discharged on post-trial supervision, if willing to remunerate the victim. For
example, in England, under the Criminal Justice Act, 1982, as revised in 1988,
the court must determine the purposes behind not making a request for
restitution.
In specific sorts of circumstances where the blame of the wrongdoer is clear,
endeavours are made to bring the victim and transgressor together so as to lead
them to understanding or change for the restoration of losses to the victim, there
being a more noteworthy potential in this sort of approach as opposed to mere
punishment to the guilty party. This idea of giving one more opportunity to the
wrongdoer instead of sanctioning him is what is provided in Restorative theory
and India is presently shifting its focus toward achieving this approach.

Conclusion
It can be concluded that custodial violence is the gravest form of human right violation
which act as a blow to the Rule of Law of the country, as it is being committed by the
authority which is supposed to be the protector of the rights of the people. Such violence
has been committed in the name of official duty of the police to interrogate. However, the
seriousness of the situation arises when third degree and other atrocities are committed by
the police in trying to accomplish a particular case before them. The reason for reliance on
such methods by the police could be traced back to the history, wherein it considered
‘policing’ as means by which law and order could be created by way of inflicting torture or
violence against the people. It was carried in with the system since the ancient times and
became deep rooted within the police system in modern India by way of the Police Act
enacted by the British. There exists an array of national legislations which deals with the
rights of the accused, which has also been protected by way of treating it as fundamental
right. The apex court has been keen in ensuring via broad interpretation of the provision
and guidelines in bringing about a shield against custodial violence. However, merely
including it under the existing laws would not suffice the need of the hour. The dire
situation calls for an exhaustive law that explains ‘custodial torture’ and to envisage an
institution to include proper mechanism by which the offenders are punished, which would
further create deterrence upon police to not commit such crime