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S.N.D.T WOMEN’S UNIVERSITY LAW SCHOOL

LL.B. 1st Year (A.Y. 2023–24)
SEMESTER I

Subject: Criminology
Topic
Victimology: Compensation and Rehabilitation of the
Victims

Submitted by:
Name: Pawar Vanshika Navanath.
Class: LL.B., 1st year
Roll No.: 41

Submission date:

Submitted to: Prof. Darshika Maiyya

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ACKNOWLEDGEMENT

I wish to express my sincere gratitude to my professor prof. Darshika Maiyya who provided
me the opportunity to make this project which provided me with a lot of knowledge and
information.
Through this project, I was able to express my thoughts on paper and also learned to research
different topics. I would also like to thank my batch mates and the seniors who guided me in
this project.
Again I would like to thank all those who assisted me in making this project without them I
could not have completed the project.
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INDEX
Sr. no Title Page no.
1 Unveiling the Essence: Crime, Criminology, 4 & 5
and Legal Proceedings.

2 Exploring Victimology: Understanding the 6 to 8

Impact of Crime on Individuals and Society

3 From Hurt to Healing: Redefining Justice with 9 & 10

Innovative Victim Assistance Programs

4 Guiding Light: Empowering Victims through 11 to 18

Rehabilitation

5 Restoring Justice: The Role of Compensation in 19 to 23

Victim Recovery

6 Conclusion 24

7 References 25
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Unveiling the Essence: Crime, Criminology, and Legal

Proceedings.
 Deconstructing Crime: Three Fundamental Attributes and Legal
Proceedings

According to Professor R.C. Nigam, there are three attributes of crime, and crime may
be explained in terms of these three characteristics. These three attributes are, namely,
first, that it is a harm brought about by some anti-social act of a human being, which
the sovereign power desires to prevent, secondly, the preventive measures taken by
the State appear in the form of a threat of a sanction or punishment, and thirdly, the
legal proceedings, wherein the guilt or otherwise of the accused is determined, are a
special kind of proceedings governed by special rules of evidence.

 Exploring the Foundations: The Definition and Scope of Criminology

"Criminology" is described as originating from two root words: "crimen," which is

Latin for accusation, and "logia" (or "loyia"), which is Greek for study or science.
Etymologically, this means that criminology is understood as the scientific study or
investigation of various aspects related to criminal behaviour. This includes analysing
the nature of criminal acts, understanding how widespread they are, identifying their
causes, and exploring methods to control or manage them. Additionally, criminology
addresses both individual behaviours and their broader societal implications. The
Dictionary of Criminology defines criminology as:
“The study of crime, of attempts to control it, and attitudes to it. Crime is interpreted
in its widest sense, so as to include minor as well as major law-breaking, and also
conduct which, but for the special status or role of those involved, would be regarded
as law-breaking; e.g. excessive punishment of children by parents, antisocial practices
of commercial undertakings.”

Innovatively put, criminology, as depicted in "The Oxford Handbook of

Criminology," casts a wide net over an array of domains, including the intricate
interplay between politics and law enforcement, crime data analysis, and diverse
criminal activities ranging from violent to white-collar crime. It encompasses a
holistic exploration, spanning from understanding the origins of criminal behaviour to
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the formulation of laws and enforcement strategies, alongside a nuanced examination

of crime prevention, policing, and judicial processes. Coleman and Norris emphasize
criminology's multifaceted nature, encompassing an analysis of crime's essence, its
perpetrators, underlying causes, legal frameworks, and methods of control.
Meanwhile, White and Haines delineate criminology's core focus on the sociology of
law, theories elucidating crime causation, and the broader societal responses to
criminal activities.

Sutherland characterizes criminology as the accumulation of insights concerning

delinquency and crime within society. This encompasses not only the establishment of
laws but also their violation and subsequent societal responses. These intertwined
processes constitute a cohesive sequence of interactions. The aim of criminology lies
in formulating a collection of widely applicable and substantiated principles,
alongside various forms of understanding concerning the dynamics of law, criminal
behaviour, and societal reactions to crime.

Donald Taft highlights that criminology involves a systematic examination and

observation of crime and individuals involved in criminal activities. Conversely,
penology focuses on the punishment and rehabilitation of offenders. According to
him, the emergence of criminology occurred later compared to penology due to
historical precedence given to the rehabilitation of offenders over scientific inquiry
into the root causes of crime.
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Exploring Victimology: Understanding the Impact of Crime on

Individuals and Society
"Just as medicine treats all patients and all diseases, just as criminology concerns itself with
all criminals and all forms of crime. so Victimology must concern itself with all victims and
all aspects of victimity in which society takes an interest - Mendelsohn. B. (1976)

 Introduction
Initially, criminologists primarily focused on the aspects of crime, criminals, and
criminal behaviour, neglecting thorough examination of the victim and their role.
However, in the latter half of the previous century, there was a significant shift
towards scrutinizing the role of the victim, not only as the central figure in a crime but
also considering their potential involvement in its occurrence. Various theories aimed
at explaining victimization emerged, such as the victim precipitation theory, lifestyle
theory, deviant place theory, and routine activities theory. This enhanced
understanding of the victim and these theories have contributed to the legal system's
efforts to protect better and provide care for victims.

Victimology, the examination of victims, has evolved from theoretical discussions

surrounding the concept of victimhood. In more recent times, amendments to the
Code of Criminal Procedure in 1973 have included a clear definition of the term
"victim" and have been adjusted to grant victims increased access, enabling their
active involvement in prosecuting offenders.

 Victim Definition
Oxford English Dictionary defines the victim as a person harmed, injured, or led as a
result of a crime, accident, etc. The term "victim" inherently conveys the idea of
suffering. Etymologically, it encompasses individuals experiencing physical,
emotional, or financial harm directly resulting from a crime. It also extends to include
spouses, children, parents, foster parents, siblings, guardians, or other caretakers of
victims, especially minors or those who are mentally or physically incapacitated, as
well as victims of homicide. This broad interpretation offers multiple perspectives,
emphasizing that a rigid definition cannot be provided without considering the
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specific factual circumstances. This highlights not only the challenge of defining the
term etymologically but also the necessity for a globally recognized understanding.

The concept of a "victim," as outlined in international conventions such as the UN

General Assembly Declaration, encompasses a broad range of experiences. The
declaration offers a comprehensive definition, describing victims as individuals or
groups who have suffered various forms of harm, including physical or mental injury,
emotional distress, economic loss, or significant infringement upon their fundamental
rights. These harms result from acts or omissions that violate criminal laws within
member states, including those addressing the abuse of power. emphasizing a rights-
based approach, the declaration asserts that individuals must be recognized as victims
under the law. It clarifies that a person can be considered a victim regardless of
whether the perpetrator is identified, apprehended, prosecuted, or convicted, and
irrespective of any familial relationship between the perpetrator and the victim.
Furthermore, the declaration highlights the evolving nature and scope of the concept
of "victimhood," acknowledging the inclusivity of both direct and indirect forms of
harm. It also underscores the expansion of the term "injury" and affirms the right to be
acknowledged as a victim of a particular crime.

The Code of Criminal Procedure (Amendment) Act, 2008. This amendment

introduced a new clause, denoted as '(wa)," which was added to section 2 of the Code
to define 'victim'. According to this amendment, a victim is defined as a person who
has suffered any loss or injury as a result of the act or omission for which the accused
person has been charged, and the term 'victim' also encompasses their guardian or
legal heir.

The definition of "victim" adopted by the UN, as discussed in the 154th Report of the
Law Commission, has not been embraced by legislation. Instead, the legislation has
chosen to define the term "victim" in a more restricted manner. According to this
definition, a victim is interpreted as a person who has suffered any loss or injury
caused by the act or omission of the offender', and this definition includes the victim's
guardian or legal heir. Assuming that the interpretation of the term "injury" in the
definition is either broad enough to cover all types of legal injuries or aligns with the
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definition provided in the Indian Penal Code, this definition effectively fills the gap
and offers a fairly adequate understanding of the term.

 Victim of Crimes
The terms 'crime victim' or 'victim of crime' are often used interchangeably to refer to
any individual, group, or entity that has suffered injury or loss as a result of illegal
activity. This harm can manifest in physical, psychological, or economic forms. When
the victim is an institutional entity, group, or an individual acting on behalf of another
group or entity, the harm they experience is typically addressed under civil and
constitutional law, especially in cases of hate crimes. This area represents an
emerging development within criminal law, although the legal system tends to treat
each case on an individual basis.

Victims are commonly classified into 'primary' and 'secondary' victims. Secondary
victims experience harm indirectly, such as intimate partners or significant others of
rape victims, or children of a battered woman. In modern victimology, the concept of
'tertiary victims' has emerged, referring to individuals who experience harm
vicariously, often through media exposure, and suffer psychological distress due to
their vulnerability.

Recently, 'victim defences' have gained prominence in cases involving parricide (the
killing of one's parents) and the homicide of batterers by abused spouses. Advocates
for battered women were among the first to address this issue, advocating for the
recognition of 'battered woman syndrome' to defend women who inflicted harm on a
spouse or partner after enduring prolonged physical, emotional, and/or sexual abuse.
Another defence strategy involves invoking 'post-traumatic stress disorder to explain
a client's behaviour resulting from further victimization during the pursuit of justice in
a criminal trial. Periodically, media coverage of these defences intensifies, and certain
'high-profile cases' can sway public opinion and create confusion regarding who is the
'victim' and who is the 'perpetrator'.
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From Hurt to Healing: Redefining Justice with Innovative Victim

Assistance Programs

 Meaning of the Term ‘Victim Assistance’

"Victim assistance, support, or services" involves responding to victimization to help
reduce suffering and aid in recovery. This includes providing information, conducting
assessments, offering individual interventions, advocating for victims on a case-by-
case basis, advocating for improvements in the overall system, shaping public policy,
and developing new programs to better assist victims.

According to the United Nations Office on Drugs and Crime (UNODC), victim
assistance aims to provide comprehensive support that goes beyond the confines of
the criminal justice system. Its focus extends beyond mere rescue efforts. It serves
two main objectives:
1. Facilitating the recovery of victims' well-being after they have experienced
victimization.
2. Implementing measures to mitigate the risk of re-victimization. Therefore, it
endeavours to empower victims and instil a sense of control.

The ultimate aim of victim assistance is to enhance the quality of life of victims who
have suffered due to crime. Victim support is regarded as a fundamental right,
commencing at the time of the crime, and continuing until the victim's previous state
is restored. The criminal justice system is just one component of the broader
framework.

"Victim assistance programs encompass a range of services aimed at supporting

individuals who have experienced victimization. Central to these programs are efforts
to facilitate victim rehabilitation and provide compensation for the harm suffered.
Rehabilitation initiatives focus on addressing the physical, emotional, and
psychological needs of victims, helping them rebuild their lives and regain a sense of
well-being. This may include access to counselling, therapy, medical treatment, and
social support services tailored to the individual needs of each victim.
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In addition to rehabilitation efforts, victim assistance programs also recognize the

importance of providing compensation to victims for the losses they have endured.
Compensation serves as a form of redress for the harm suffered, helping victims
recover financially and mitigate the economic impact of victimization. This may
include financial assistance for medical expenses, lost wages, property damage, and
other related costs.

By integrating rehabilitation and compensation into victim assistance programs,

stakeholders aim to provide holistic support to victims, addressing their immediate
needs and helping them rebuild their lives in the aftermath of trauma."
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Guiding Light: Empowering Victims through Rehabilitation

Understanding Victim Rehabilitation

We believe that to break the cycle of re-offending, we need to work out measures including
rehabilitation programmes and support to the offenders and even their families." -Report of
the Committee on Reforms of Criminal Justice System.

The aftermath of a criminal offence often triggers profound economic and social upheaval for
victims, particularly in cases of mass violence or crimes targeting specific social or ethnic
groups. While individual assaults or murders may not directly result in the complete
disintegration of a family or community, they can still have far-reaching consequences,
particularly if the victim is the primary provider. However, offences such as rape or sexual
abuse can inflict even deeper wounds, penetrating the very fabric of the victim's identity and
relationships.

In traditional societies, the rehabilitation of victims was often a communal effort, with family
members, friends, or community groups stepping in to provide support and assistance.
However, the modernization of societal structures and the breakdown of traditional
community ties have diminished the effectiveness of these support systems. Consequently,
the burden of assisting and counselling victims in their journey towards recovery now falls
largely upon the state, particularly in the context of ensuring victims can rebuild their lives
and reintegrate into society.

From a human rights perspective, victims are entitled to the same rights and dignity as any
other individual. The violation of these rights by criminal actions necessitates a response
from the state to compensate and rehabilitate victims. This obligation is underscored by
various international declarations and agreements, which affirm the state's responsibility to
provide adequate support and assistance to victims of crime.

Restorative and reparative theories of punishment offer an alternative framework for

addressing the aftermath of crime. These theories advocate for sentences that prioritize
restitution and reparation for victims over punitive measures aimed solely at punishing the
offender. By focusing on restoring the harm done and facilitating the reintegration of
offenders into the community through community-based sanctions and support programs,
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these theories aim to address the needs of both victims and offenders in a more holistic and
balanced manner.

The UN General Assembly Declaration of Basic Principles of Justice for Victims of Crime
provides a comprehensive framework for addressing the needs of victims. It emphasizes the
importance of restitution to victims, encompassing not only financial compensation but also
the return of property, reimbursement for expenses, provision of necessary services, and
restoration of rights. Moreover, it highlights the obligation of the state to ensure victims
receive restitution, even in cases where harm is inflicted by public officials acting in an
official capacity.

Meaning –

Rehabilitation is a special branch of medicine that helps to improve the condition of an

injured or disabled person both mentally and physically.

Rehabilitation is an aggregate of medical, social, educational, and vocational measures for

retaining the individual to his highest possible functional ability.

The dictionary meaning of rehabilitation is "to restore an individual to a healthy or a normal

life by training and therapy after imprisonment, addiction or illness."

The basic concept of rehabilitation is necessary under three categories

 Medical
 Offenders
 Victims

There are two types of victims viz adult and children.

Rehabilitation of Adults:

Rehabilitation Of Adults is necessary for the following circumstances

 Crime Victims: Adults who have been victims of crime often require rehabilitation to
address the physical, emotional, and psychological impacts of their victimization.
This may involve medical treatment for physical injuries, counselling, or therapy to
address trauma, and support services to aid in recovery and rebuilding their lives.
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 Victims of Natural Calamities: Adults affected by natural disasters such as

earthquakes, floods, or hurricanes may require rehabilitation to recover from physical
injuries, rebuild their homes and communities, and cope with the emotional trauma of
the disaster. Rehabilitation efforts may include medical treatment, housing assistance,
and mental health support.

 Women Victims of Sexual Assault, Domestic Violence, etc.: Women who have
experienced sexual assault, domestic violence, or other forms of gender-based
violence may require rehabilitation to address the physical injuries, psychological
trauma, and social stigma associated with their victimization. This may involve
medical care, counselling, legal assistance, and support services tailored to their
specific needs.

 Victims of Social Customs: Adults who have been marginalized or discriminated

against due to social customs or norms, such as LGBTQ individuals or mentally
challenged people, may require rehabilitation to address the social, economic, and
psychological impacts of discrimination. This may involve advocacy for their rights,
access to healthcare and education, and support services to promote their inclusion
and well-being.

 Victims of War: Adults affected by armed conflict, including refugees, internally

displaced persons, and survivors of violence, may require rehabilitation to address the
physical injuries, trauma, and displacement caused by war. This may involve access
to medical care, psychosocial support, education, and livelihood opportunities to
rebuild their lives and communities.

Rehabilitation of Children:

Rehabilitation Of children is necessary for the following circumstances

 Children in Need of Tremendous Care and Protection: Children who are

orphaned, abandoned, or otherwise in need of care and protection due to factors such
as poverty, neglect, or abuse may require rehabilitation to ensure their safety, well-
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being, and development. This may involve placement in alternative care settings, such
as foster care or residential facilities, and access to education, healthcare, and
psychosocial support.

 Children in Conflict with the Law: Children who are in conflict with the law, either
as offenders or accused of committing a crime, may require rehabilitation to address
the underlying factors contributing to their delinquent behaviour and promote their
rehabilitation and reintegration into society. This may involve diversion programs,
counselling, education, vocational training, and support services aimed at addressing
the root causes of their involvement in crime and preventing further offending.

Navigating Recovery: Exploring Diverse Paths in Victim Rehabilitation Programs

In this comprehensive exploration, let us delve into the myriad avenues of victim
rehabilitation programs. From counselling and therapy to medical treatment, vocational
training, and social support services, we unravel the diverse array of initiatives aimed at
aiding victims in their journey towards healing and recovery. By examining how these
programs cater to the unique needs of victims, we illuminate the multifaceted approaches to
rehabilitation, offering insights into the transformative impact of tailored support on victims'
lives.

In India, rehabilitation of victims encompasses various types of interventions aimed at

addressing the physical, psychological, social, and economic needs of individuals who have
experienced victimization. Some common types of rehabilitation programs and services for

victims in India include:

1. Medical Rehabilitation: This involves providing medical care and treatment to

victims who have sustained physical injuries as a result of crime. It may include
emergency medical care, surgery, rehabilitation therapy (such as physiotherapy), and
ongoing medical support to aid in recovery and improve functional abilities
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2. Psychological Rehabilitation: Psychological rehabilitation focuses on addressing the

emotional and psychological trauma experienced by victims. It includes counselling,
therapy (such as cognitive-behavioural therapy or trauma-focused therapy), support
groups, and other mental health services to help victims cope with trauma, manage
stress, and rebuild their emotional well-being.

3. Social Rehabilitation: Social rehabilitation programs aim to help victims rebuild

their social support networks and reintegrate into society. This may involve assistance
with housing, employment, education, and legal advocacy to address social and
economic barriers faced by victims.

4. Legal Rehabilitation: Legal rehabilitation involves providing victims with access to

justice and legal assistance to seek recourse for the harm they have experienced. It
includes legal aid services, assistance with navigating the criminal justice system, and
advocacy for victims' rights to ensure their voices are heard and their needs are
addressed within the legal framework.

5. Vocational Rehabilitation: Vocational rehabilitation programs focus on helping

victims acquire the skills, training, and support needed to re-enter the workforce or
pursue educational opportunities. This may include job training, career counselling,
skill development programs, and employment placement services to enhance victims'
economic stability and independence.

6. Community-Based Rehabilitation: Community-based rehabilitation initiatives

involve collaboration with local communities, NGOs, and grassroots organizations to
provide holistic support to victims. These programs may include community
awareness campaigns, outreach activities, and community-based services to foster a
supportive environment for victims and promote social inclusion.

Overall, the rehabilitation of victims in India requires a comprehensive and multi-disciplinary

approach that addresses the diverse needs of victims and promotes their recovery,
empowerment, and social integration.
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Importance of Victim Rehabilitation

1. Counselling and Support Services: Victim rehabilitation programs offer crucial

counselling services, support groups, and therapeutic interventions to help victims
navigate the emotional and psychological aftermath of the crime. These services
provide a safe space for victims to express their feelings, process trauma, and develop
coping strategies to rebuild their lives.

2. Empowerment: Through rehabilitation, victims are empowered with the tools and
resources they need to regain control of their lives and make positive changes. By
fostering resilience and self-empowerment, rehabilitation programs enable victims to
overcome adversity and move forward with confidence and strength.

3. Safety Planning: Rehabilitation efforts include comprehensive safety planning and

measures aimed at protecting victims from further harm or victimization. This may
involve assessing risk factors, developing safety plans tailored to the individual needs
of victims, and connecting them with resources and support systems to enhance their
safety and well-being.

4. Victim Advocacy: Victim advocates play a crucial role in the rehabilitation process,
working tirelessly to ensure that victims' rights are protected, their needs are met, and
they have a voice in the criminal justice system. Advocates provide compassionate
support, guidance, and assistance to empower victims and help them navigate the
complexities of the legal system.

5. Long-Term Support: Victim rehabilitation is a journey that extends beyond the

immediate aftermath of the crime, offering long-term support and assistance to victims
as they navigate the challenges of recovery and healing. Rehabilitation programs
provide ongoing support, counselling, and resources to help victims rebuild their lives
and move forward with hope and resilience.
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Challenges

Victim rehabilitation, despite its importance, faces several challenges that can hinder the
effectiveness of programs and services. Some of the key challenges in victim rehabilitation
include:

 Limited Access to Services: Many victims, particularly those from marginalized

communities or remote areas, face barriers in accessing rehabilitation services due to
factors such as lack of awareness, financial constraints, transportation issues, or
language barriers. This limited access can prevent victims from receiving the support
they need to heal and recover.

 Stigma and Shame: Victims of crime often experience stigma and shame associated
with their victimization, which can deter them from seeking help or participating in
rehabilitation programs. Fear of judgment, social ostracization, or re-traumatization
may prevent victims from disclosing their experiences or engaging in therapeutic
interventions.

 Complex Trauma and Mental Health Needs: Victims of crime frequently

experience complex trauma and have significant mental health needs resulting from
their victimization. However, addressing these needs can be challenging due to
limited mental health resources, lack of specialized trauma-informed care, and stigma
surrounding mental illness.

 Financial Barriers: Financial constraints can pose significant challenges for victims
seeking rehabilitation, particularly in accessing medical treatment, counselling
services, or vocational training programs. Limited financial resources may prevent
victims from accessing essential services or participating in long-term rehabilitation
efforts.

 Legal and Institutional Challenges: Victims may encounter legal and institutional
challenges when seeking justice or restitution for their victimization. Complex legal
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procedures, lengthy court processes, and inadequate victim protection measures can
exacerbate victims' trauma and impede their ability to recover.

 Lack of Coordination and Collaboration: Fragmentation and lack of coordination

among service providers and agencies involved in victim rehabilitation can result in
gaps in service delivery and duplication of efforts. Poor communication and
collaboration between stakeholders may hinder the effectiveness of rehabilitation
programs and limit their impact on victims' recovery.

 Cultural and Linguistic Diversity: Meeting the diverse needs of victims from
different cultural backgrounds and linguistic communities requires culturally sensitive
and linguistically appropriate rehabilitation services. However, cultural barriers,
language differences, and lack of cultural competence among service providers can
hinder effective communication and rapport-building with victims.

 Long-Term Support and Sustainability: Victim rehabilitation is often a long-term

process that requires sustained support and resources to address the complex needs of
victims. However, funding constraints, limited resources, and shifting priorities may
challenge the sustainability of rehabilitation programs and impede their ability to
provide ongoing support to victims.

Addressing these challenges requires a comprehensive and multi-faceted approach that

involves collaboration between government agencies, non-profit organizations, community
groups, and other stakeholders to ensure that victims receive the support they need to heal
and rebuild their lives.
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Restoring Justice: The Role of Compensation in Victim Recovery

In the pursuit of justice for victims, a crucial concept is the provision of adequate
compensation. This concept stems from the idea of restitution, aiming to return victims to
their pre-crime state. According to the UN declaration, the primary responsibility for
compensation lies with the offender. However, in cases where offenders lack the financial
means to compensate victims adequately, states are called upon to intervene. This includes
providing financial redress to victims who have suffered significant physical or mental harm
due to serious crimes, as well as supporting families, particularly dependents of those who
have been incapacitated or killed as a result of victimization.

Furthermore, the declaration advocates for the establishment, reinforcement, and expansion
of national compensation funds for victims. These provisions have been incorporated into
India's Code of Criminal Procedure, 1973, ensuring that victims are entitled to appropriate
compensation for the hardships they have endured as a consequence of crime.

Section 357 of the Code of Criminal Procedure provides for the payment of compensation.
Whether such compensation is part of the fine or penalty, the Court has the authority to direct
the entire or any portion of the money recovered to be used to the factors listed in clauses (a),
(b), (c), or (d). The code has proper provisions for recovering such fines. Section 421 of the
Code addresses the form and manner in which the fine imposed is to be collected. Section
424 addresses the procedures that the Court must take if the fine is not paid in full
immediately.

Another notable element provided by the Amendment Act of 2009 is the provision for
creating a compensation fund. A new section with extensive provisions is included to address
the subject of victim compensation. Section 357A of the code states that every state
government, in coordination with the central government, shall prepare a scheme for
providing funds for the purpose of compensating the victim or his dependents who have
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suffered loss or injury as a result of the crime and who require rehabilitation. When the Court
makes a proposal for compensation, the District Legal Service Authority, or the State Legal
Service Authority, as applicable, is notified and shall determine the amount of compensation
to be granted under the plan referred to in subsection (1). It also states that if the trial court
concludes the trial and is satisfied that the compensation awarded under section 357 is
insufficient for such rehabilitation, or if the cases end in acquittal or discharge and the victim
must be rehabilitated, it may make a recommendation for compensation. In unusual
circumstances when the criminal cannot be discovered or recognised but the victim is, and no
trial is held, the victim or his dependents may apply to the State or District Legal Services
Authority for compensation.

The District Legal Services Authority must provide sufficient compensation within two
months of receiving a recommendation or an application after conducting a thorough
investigation. The State or District Legal Services Authority, as the case may be, is given a
clear mandate to alleviate the victim's suffering and may order for immediate first-aid
facilities or medical benefits, free of charge, based on a certificate issued in this regard by a
police officer or a Magistrate of the area concerned, as well as provide any other interim
relief as it deems fit.

Fine & Compensation: Distinguished

Section 357 addresses two scenarios for awarding compensation: when only a sentence is
imposed, and when a fine is part of the sentence. When a fine is imposed alone, Sections 421
and 424 apply, allowing for the recovery of the fine. These sections empower the court to
order that part or all of the fine collected be used to compensate individuals for losses or
injuries resulting from the offense, provided that such compensation is recoverable in a civil
court. Additionally, if a person is convicted of causing death or abetting such an offense,
compensation may be directed to those entitled to damages under the Fatal Accidents Act,
1855. Furthermore, in cases involving theft, misappropriation, breach of trust, or cheating,
compensation may be awarded to bona fide purchasers of stolen property if the property is
restored to its rightful owner.

Sub-section (3) of this section presents an intriguing provision, albeit one that courts have
seldom utilized, possibly due to a lack of understanding of its purpose. This provision grants
the court the authority to award compensation to victims during the conviction process. In
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addition to imposing a conviction, the court may order the accused to pay a sum as
compensation to the victim who has suffered as a result of the accused's actions. It is
important to note that this power of the courts to award compensation is not supplementary to
other sentences but is an independent measure. This power was intended to reassure the
victim that they are not overlooked in the criminal justice system. It serves as a means of
appropriately responding to the crime and fostering reconciliation between the victim and the
offender. To some extent, it represents a constructive approach to addressing crimes. Indeed,
it signifies progress in our criminal justice system. Therefore, it is recommended that all
courts make use of this power liberally to better serve the interests of justice.

The compensation awarded must be fair and reasonable, taking into consideration the specific
details of each case. The determination of what constitutes reasonable compensation hinges
on various factors, including the nature of the crime, the validity of the victim's claim, and the
financial capability of the accused. In cases involving multiple accused individuals, they may
be required to contribute equally to the compensation unless their financial circumstances
vary significantly. The amount of compensation may also vary based on the actions of each
accused.

Additionally, a reasonable timeframe for the payment of compensation, potentially through

instalment payments, should be provided. The court has the authority to enforce the
compensation order by imposing a sentence in default if necessary.

The Law Commission refers to the court's no-use policy in relation to compensation-related
provisions of the Code of Criminal Procedure as a regrettable omission, stating that it is
regrettable that our courts do not exercise their statutory powers under this Section as freely
and liberally as could be desired. The Section undoubtedly has limits. Its applicability relies,
in the first instance, on whether the Court considers a high fine appropriate punishment for
the offence. In the most egregious circumstances, the Court may believe that a high fine in
addition to long-term incarceration is not appropriate, especially when the public prosecutor
overlooks the victim's condition and does not fight for restitution on his behalf.

Case law
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Manish Jalan v. State of Karnataka

In Manish Jalan v. State of Karnataka, even the Supreme Court felt that the provision
regarding the award of compensation to the victims of crimes had not been used by the courts
as often as it ought to be. In the above case the appellant had been convicted under Sections
279 and 304A of the IPC The substantive sentence of imprisonment was in that case reduced
by the Supreme Court to the period already undergone with payment of a fine and a
compensation of an amount of rupees one lakh to the mother of the victim. Similarly, in
Rachpal Singh v State of Punjab, the Supreme Court emphasised the need to assess and
award compensation by the accused to the gravity of the offence, the needs of the victim's
family as also the paying capacity of the accused.

Types of compensation to the victim

There are several types of compensation available to victims of crime, aimed at addressing
various aspects of the harm they have suffered. Some of the common types of compensation
for victims include:

1. Financial Compensation: This type of compensation provides victims with monetary

restitution to cover the financial losses they have incurred as a result of the crime. It
may include reimbursement for medical expenses, property damage, lost wages, and
other out-of-pocket costs.

2. Restitution: Restitution involves the offender reimbursing the victim directly for the
financial losses they have suffered due to the crime. It aims to restore the victim to the
financial position they were in before the crime occurred.

3. Compensation for Pain and Suffering: In addition to financial losses, victims may be
entitled to compensation for the physical and emotional pain and suffering they have
endured as a result of the crime. This type of compensation acknowledges the
intangible harm experienced by the victim.

4. Counselling and Therapy Services: Victims may receive compensation to cover the
costs of counselling, therapy, or other mental health services needed to address the
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psychological impact of the crime. These services aim to support the victim's emotional
well-being and aid in their recovery process.

5. Lost Income and Future Earning Capacity: Victims who have experienced significant
physical injuries or disabilities as a result of the crime may be entitled to compensation
for lost income and future earning capacity. This type of compensation aims to offset
the financial impact of the victim's diminished ability to work.

6. Funeral Expenses: In cases where a victim has died as a result of the crime,
compensation may be provided to cover funeral and burial expenses. This type of
compensation helps alleviate the financial burden placed on the victim's family during a
difficult time.
7. Property Damage or Loss: Victims whose property has been damaged, stolen, or
destroyed as a result of the crime may be entitled to compensation for the repair or
replacement of their property.

8. Specialized Assistance and Support Services: Some victims may require specialized
assistance and support services to address their unique needs. This could include
assistance with housing, transportation, childcare, or other practical support services.

Overall, these types of compensation aim to address the various needs and losses experienced
by victims of crime, providing them with the support and resources necessary to recover and
rebuild their lives.
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Conclusion

In conclusion, compensation and rehabilitation are integral components of victimology,

playing crucial roles in addressing the needs of individuals who have experienced
victimization.

Compensation serves to provide financial restitution to victims for the losses and harm they
have suffered as a result of crime. It acknowledges the tangible impact of victimization on
individuals' lives, offering reimbursement for medical expenses, property damage, lost
wages, and other financial losses. Moreover, compensation recognizes the emotional and
psychological toll of crime, providing support for pain and suffering, counselling, and
therapy services. By offering financial and emotional support, compensation helps to restore
victims' sense of justice and dignity, aiding in their recovery process.

On the other hand, rehabilitation focuses on restoring victims to their pre-crime state and
facilitating their recovery and reintegration into society. It encompasses various forms of
support, including medical treatment, vocational training, counselling, and social assistance,
tailored to address the diverse needs of victims. Rehabilitation efforts aim to empower
victims, helping them regain control of their lives and make positive changes. Additionally,
rehabilitation promotes reconciliation between victims and offenders, fostering healing and
promoting a sense of closure for all parties involved.

Overall, compensation and rehabilitation are essential elements of victimology, reflecting

society's commitment to supporting and empowering individuals affected by crime. By
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addressing the material, emotional, and social consequences of victimization, these measures
contribute to the broader goals of justice, healing, and social cohesion. As such, continued
efforts to enhance and expand compensation and rehabilitation services are crucial for
ensuring the well-being and resilience of victims in our communities.

Bibliography

o Criminology by Girjesh Shukla published by LexisNexis.

o Criminology & Penology with Victimology by N V Paranjape Edition: 18th Edition,

2022 published by central law publication

Webliography

o https://blog.ipleaders.in/victim-assistance-indian-criminal-justice-system/
#Emotional_assistance
o https://blog.ipleaders.in/compensation-victim-crime-india/
o https://www.manupatra.com/roundup/348/articles/article%20victim.pdf
o https://lawaimers.com/concept-of-compensation-and-rehabilitation-of-victims-of-
crimes/#:~:text=Compensation%20is%20a%20form%20of,aspects%20of%20the
%20victim's%20losses.
o https://restthecase.com/knowledge-bank/what-is-rehabilitation
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