Victimology in India - JurisInsider

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Concept of Victimology

The concept of victimology has a longstanding presence within the field of criminology and related disciplines. It is worth noting that the term “scientific study of crime victims” was initially employed by Benjamin Mendelsohn in the year 1947. The subfield of victimology is commonly acknowledged within the realm of criminology, and it is worth noting that these two fields do exhibit significant areas of overlap. In a similar vein to the field of criminology, which focuses on the examination of offenders, their actions, and the corresponding responses of the criminal justice system, victimology pertains to the comprehensive study of individuals who have fallen victim to various forms of harm. Victimology, herein referred to as the discipline of study, pertains to the comprehensive examination of the etiology, or underlying causes, of victimization. Furthermore, it encompasses an analysis of the subsequent consequences arising from victimization, as well as an exploration of the way the criminal justice system accommodates and aids victims. Additionally, Victimology is an academic field that examines the causes and consequences of victimization, the support provided to victims by the criminal justice system, and the portrayal of crime victims by the media and other societal elements. Victimology is an academic discipline that applies scientific methods to investigate inquiries pertaining to victims.

Gradual developments of victimology in India through the criminal justice system

The victims’ perception of the criminal justice system will depend on the treatment they receive from the police during their initial encounter. Regrettably, the police in India have yet to align themselves with the expectations outlined in the UN Handbook on Justice for Victims. Police officers at the field level, who interact with victims on a daily basis, often lack awareness of the latest international advancements in Victimology and the improved treatment that victims should receive from law enforcement.

According to the UN Handbook, it is important for victims to be included in all stages of the legal proceedings as they have a legitimate interest in the prosecution of the case. In practice, the court proceedings prioritize the protection of the accused’s rights and interests, sometimes at the expense of the victims’ interests. Although victims are required to present evidence in court, the criminal courts in India do not currently provide the range of services and assistance to victims that are commonly practiced. In terms of the role of the judiciary in ensuring justice for victims, it is important to note that while judges generally show sympathy towards victims, there is still much progress to be made in meeting various requirements. These include providing separate waiting areas, ensuring victims are informed about criminal proceedings, offering specialized services and support, ordering restitution for victims, allowing victim participation, and enhancing victim protection. It is clear that there is still a significant distance to cover in achieving comprehensive victim justice in India.

However, over the past decade, there has been an increased recognition among the higher judiciary of the importance of improving the treatment of crime victims by the criminal justice agencies at various stages in India. This is evident in the recommendations put forth by different committees and commissions, which have called for reforms in the criminal justice system.

Positive changes through The Judiciary

Restitution to Victims

In India, although there is no specific legislation to provide justice to victims, the Supreme Court has played an active role and taken affirmative action to safeguard the rights of victims of crime and abuse of power. Beginning in the 1980s, the court expanded the amount of compensation granted to victims and embraced the idea of restorative justice.

Equity for Rape Victims

In the case of Bodhisattwa Gautam v. Subhra Chakraborty, the Supreme Court established guidelines for victim assistance. It was determined that if a court has the authority to award compensation for a rape offense at the final stage, it also has the power to grant interim compensation. The court found the accused guilty and ordered him to pay Rs.1000 per month to the victim as interim compensation, starting from the date of the complaint. This case is significant as the Supreme Court provided a set of guidelines to support indigenous rape victims who lack the financial means to access legal, medical, and psychological services. These guidelines align with the Principles of UN Declaration of Justice for Victims of Crime and Abuse of Power, 1985.

Those who file complaints of sexual assault should be assigned a victim’s advocate, who will help the victim at the police station and in court, explain the legal process to her, and advise her on where to get other agencies’ medical or psychological support;
legal support during her questioning at the police station;
The victim should be advised by the police of her right to counsel prior to any questions being asked of her, and the police record should attest to this;
For victims in need of legal representation, the police station shall maintain a list of advocates ready to take certain cases;
The Advocate will be chosen by the Court to guarantee that victims are questioned as soon as possible;
The victims’ identities must be preserved in all rape prosecutions;
The establishment of a Criminal Injuries Compensation Board is required in light of the Directive Principles outlined in Article 38(1) of the Indian Constitution. Victims of rape often suffer significant financial losses. For instance, some people are too traumatized to work;
The Criminal Injuries Compensation Board will provide victims with compensation whether or not the defendant is found guilty by the Court.

If a victim’s pregnancy was a direct outcome of the rape, the Board will consider not only the victim’s emotional distress but also her loss of income throughout the pregnancy and the costs associated with giving birth.

State Compensation for Victims

The Supreme Court acknowledged in 1983 the need of governmental compensation in situations where the governmental apparatus abused its authority. In the landmark decision of Rudul Shah v. State of Bihar, the Supreme Court mandated that the Bihar government give Rudul Shah an additional Rs. 30,000 in compensation, deeming it to be of a “palliative nature”, on top of the Rs. 5,000 has already been awarded in the case of the victim’s long-term, unlawful incarceration.

In a similar vein, the court in Saheli, a Women’s Resources Center via Mrs. Nalini Bhanot v. Commissioner of Police, Delhi Police, granted the victim’s mother a sum of Rs. 70,000 as state compensation, finding that the victim’s death was caused by police beatings.

Victims’ right to challenge bail In the cases of Puran v. Rambilas and P. Rathinam v. State, the Supreme Court analyzed Section 439 (2) of the Criminal Procedure Code (Cr.P.C.) and determined that the victim has the right to express their opinion about the granting of bail to an accused individual. The Court acknowledged the entitlement of the complainant or any ‘aggrieved person’ to petition the High Court or the Court of Sessions to revoke a bail that has been granted to the accused.

Recommendations of Commissions and Committees for Victims right

Over the last decade, the judiciary’s perspective on the human rights of victims has undergone substantial transformation. The courts, judicial commissions, and committees have expressed their worry on the need to enact a law on victim compensation or a complete law on victim justice. This concern is evident in their judgments and reports.

The Law Commission of India, 1996

In its 1996 report, the Law Commission recommended that the State should acknowledge the principle of offering financial support to victims in the following situations:

When the accused is acquitted.
When the offender cannot be located, but the victim is identified.
When the offense has been proven.

The Malimath Committee

The Justice V. S. Malimath Committee has proposed several proposals of profound importance to enhance the status of crime victims, including the victim’s entitlement to engage in legal proceedings and get sufficient reparation. Several noteworthy suggestions include:
The victim, and if deceased, their legal representatives, have the right to be included as a party in any criminal proceedings that carry a punishment of 7 years imprisonment or more.
The victim is entitled to choose their own legal representative. However, if the victim cannot afford a lawyer, the State will supply one for them.
The victim must have the right to participate in a criminal trial, which shall include, among other things:

To provide proof, either via spoken testimony or written records, with permission from the court and or to request instructions on how to present such evidence.
To interrogate the witnesses or propose questions to the court that might be posed to the witnesses.
To ascertain the progress of the investigation and request the court to grant instructions for further inquiry on specific subjects, or to a supervisory officer to guarantee a thorough and efficient investigation in order to aid in the pursuit of truth.
To have the opportunity to provide arguments about the approval or revocation of bail.
To have the right to be heard if the prosecution requests to withdraw.
To engage in discussions that aim to resolve compoundable offenses.
The victim has the right to appeal against any unfavorable decision made by the court, such as acquitting the accused, convicting them of a lesser offense, imposing an insufficient term, or giving insufficient compensation.
Victim compensation is a mandatory responsibility of the State in cases of all severe offenses, regardless of whether the perpetrator is caught or not, found guilty or acquitted. This should be delineated in distinct law by Parliament.
The victim compensation legislation will establish a Victim Compensation Fund that may be managed by the Legal Services Authority.

Code of Criminal Procedure, 2008 (Amended)

The Code of Criminal Procedure underwent amendments to include certain provisions that prioritize the rights and well-being of victims. These measures aim to enhance the support and protection offered to victims.

Definition of Victim

In Section 2 (wa), the definition of “Victim” was included. According to this definition, a victim is a person who has experienced any kind of harm or damage as a result of the act or omission for which the accused person has been prosecuted. Additionally, the term “victim” also includes their guardian or legal heir.

Rights to engage counsel

According to Section 24 (8), the victim has the right to hire their own attorney. However, the court has the authority to allow the victim to hire an advocate of their choosing to help with the prosecution.

Rights of rape victim under Criminal Procedure Code (CrPC)

Section 157 now includes an additional provision after sub-section (1) which states that, in cases of rape, the victim’s statement should be recorded at the victim’s residence, or a location chosen by the victim. Ideally, a female police officer should conduct the recording, and the victim’s parents, guardians, close relatives, or a local social worker should be present, if possible.

According to the modification to Section 309 (1), the investigation and trial must be concluded within a period of two months.

Section 327 has been modified to provide that an in-camera trial should, to the best extent possible, be presided over by a female judge or magistrate. Furthermore, it is mandated that the disclosure of judicial processes pertaining to rape cases must be forbidden. However, it is possible to waive the restriction on printing or publishing, provided that the secrecy of the party’s identity and address is maintained.

Investigation relating to Child Rape Case

The inquiry into the rape of a child may be finished within three months of the date the information was recorded by the officer in charge of the police station, according to Section 173 (1A).

Compensation to victims Under CrPC

Section 357 (1) and Section 357 (3) of the Criminal Procedure Code (Cr.PC) provide the trial court with the authority to grant compensation to victims of crime. Similarly, the ability to award compensation is given to the Appellate and Revisional Court under sub-section (4) of the same code. The Court has the authority to allocate the whole or a part of the fine imposed on the offender as restitution to the victim of the crime.

This compensation may cover expenses, harm or injury endured, or losses sustained as a result of death or financial losses due to theft or property destruction, among other things.

According to sub-section (3), the court has the authority to require the accused to provide compensation to the victim of their crime, even if no fine has been imposed on them.

Section 357-A of CrPC, (2008 Amendment), it provides that:

The Section 357-A Victim Compensation Scheme-

Each State government, in collaboration with the Central Government, must develop a plan to provide monies for the purpose of compensating victims or their dependents who have experienced harm or damage due to a crime and need rehabilitation.
When the Court makes a recommendation for compensation, the District Legal Services Authority, or the State Legal Services Authority, depending on the situation, will determine the amount of compensation to be given.
If, after the trial, the court determines that the compensation provided under Section 357 is insufficient for the rehabilitation of the victim, or if the case results in acquittal or discharge and the victim requires rehabilitation, the court may suggest further compensation.
In cases where the perpetrator cannot be found or recognized, but the victim is known, and no trial occurs, the victim or their dependents have the right to request compensation from either the State or the District Legal Services Authority.
Upon receiving such suggestion or upon receiving an application under sub-section (4), the State or the District Legal Services Authority should, after a thorough investigation, provide appropriate compensation within a period of 2 months after concluding the investigation.
The aforementioned authority has the power to provide immediate first aid or medical benefits at no cost to the victim. This can be done upon receiving a certificate from a police officer of at least the rank of officer in charge of the police station, a magistrate of the relevant area, or any other temporary relief that the authority deems appropriate.

A progressive approach to alleviate the suffering of crime victims and to provide them with restorative justice is the plan that is mentioned within the section.

In addition, the Code offers compensating remedies to those who have been wrongfully arrested or detained by police without a valid reason. If an accused person is found guilty of a non-cognizable offense based only on a complaint, the court may impose costs on the complainant or, if the accused person defaults, subject him to simple imprisonment for a maximum of thirty days.

right to appeal of the victim

The provision of Section 372 grants a victim the right to a private appeal, so granting the victim locus standi. Nevertheless, there are two grounds on which the victim may appeal the insufficiency of the punishment:
1.If an accused person has been found guilty of a less serious crime, such as robbery rather than dacoity.
2.If insufficient compensation is provided.
3.However, the victim is not admissible to appeal the severity of the punishment.

Criminal Law (Amendment) Act, 2013

The Justice Verma Committee Report, which addressed the rape laws and their revision, led to the creation of the Criminal Law (amendment) Act, 2013. This Committee was established after the horrific Delhi Gang rape case that occurred on December 16, 2012.

The Committee’s recommendation was to keep the Indian Penal Code, 1860 (IPC) with its current classification of sexual offenses.

The Committee believed that rape and sexual assault are not just acts driven by intense emotions, but rather manifestations of dominance and control. The offense of rape should be maintained as a distinct crime and should not be restricted just to the act of penetrating the vagina, mouth, or anus. Non-consensual penetration of a sexual nature should be included under the concept of rape.

Rape committed within and outside of marriage is distinguished under the IPC. Sexual relations without permission are forbidden under the IPC. Unconsented sexual activity by a husband onto a woman is an exemption to the crime of rape, nevertheless. The Committee suggested eliminating the marital rape exemption. One should not see marriage as an irrevocable permission to engage in sexual activity. Consequently, the connection between the accused and the victim should not matter when asking whether the complaint gave permission for sexual conduct. Though the penalty has been enhanced, non-consensual sexual acts inside marriage are still not criminal.

The death sentence was added to the Indian Penal Code (IPC) for rapes that result in the victim’s death or render her vegetative. In addition, the Act included a number of additional new crimes including stalking, voyeurism, sexual harassment, using criminal force on a woman with the intention of disrobing her, and inflicting grave damage by acid assaults.

The accused in State (Govt. of NCT of Delhi) v. Ram Singh (deceased), Mukesh, Akshay Kumar Singh, Vinay Sharma and Pawan Kumar were given the death sentence by Shri Yogesh Khanna, Additional Sessions Judge, New Delhi, because the facts demonstrated a brutality of such a nature that it fell into the category of rarest of rare cases. The prosecutrix’s entire intestine was perforated, splayed, and cut open as a result of repeated insertions of rods and hands. The convicts displayed tremendous mental depravity does not worthy of human condonation when they took out her internal organs with their bare hands and with the rods, causing her permanent harm. In a chilly winter night, they tossed the helpless victims out of the moving bus in their undressed state, heavily bleeding, after viciously gang raped the prosecutrix and subjected them to inhumane torture.

The Court also declared that “These are the times when gruesome crimes against women have become rampant and courts cannot turn a blind eye to the need to send a strong deterrent message to the perpetrators of such crimes. The increasing trend of crimes against women can be arrested only once the society realize that there will be no tolerance from any form of deviance against women and more so in extreme cases of brutality such as the present one and hence the criminal justice system must instil confidence in the minds of people especially the women. The crime of such a nature against a helpless woman, per se, requires exemplary punishment.”

One more change has been made to the law, specifically Section 326 A, which addresses acid attacks. The amendment states that the fine imposed on the perpetrator should be fair and sufficient to cover the medical costs of treating the victim of the acid attack. Direct payment to the victim will be made of this fine.

Along with that, there were some changes in the criminal procedure. According to Section 357B of the Criminal Procedure Code (Cr.P.C.), the compensation mentioned in Section 357A would be given in addition to the fine paid to the victim under Section 326A or Section 376D of the Indian Penal Code.

According to Section 357C Cr.P.C., all hospitals, regardless of whether they are public or private and operated by the Central Government, State Government, local bodies, or any other entity, are required to promptly provide free first-aid or medical treatment to victims of specific offenses under Section 326 A, Section 376, Section 376 A to E of the Indian Penal Code. Additionally, they must immediately report such incidents to the police.

Other enactments regarding benefits to victims

The Protection of Women from Domestic Violence Act, 2005

This Act represents a significant milestone in the efforts of the women’s movement to safeguard victims of domestic violence, following a 16-year battle. This Act is designed to enhance the protection of women’s rights as guaranteed by the Constitution. Domestic violence encompasses a range of harmful behaviors, such as physical, sexual, verbal, and emotional abuse. One notable aspect of the Act is its provision that prevents the perpetrator from depriving the victim of their rightful access to resources or facilities, including the shared household, that they are entitled to due to their domestic relationship. When a complaint of domestic violence is received, it is the responsibility of a police officer, protection officer, or magistrate to inform the victim about her rights. This includes the right to obtain a protection order, an order of monetary relief, and other legal rights.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

This law is designed to protect the elderly and prevent elder abuse, which is a significant issue in various countries, including India. According to this law, children or adult legal heirs have a responsibility to support their parents or senior citizens above the age of 60 who cannot support themselves financially. This support is meant to help them live a normal life. If children or legal heirs fail to fulfill their obligation of supporting the senior citizen, the Tribunal has the authority to issue an order requiring them to provide a monthly allowance for the senior citizen’s maintenance.

Protection of Children from Sexual Offences Act, 2012

This Act has been passed in order to prevent child abuse and victimization. Engaging in any form of sexual gratification with a child is subject to severe penalties.

Prevention of Caste-Based Victimization and Protection for Victims

The main objective of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is to prevent any form of violence or discrimination against individuals who belong to the Scheduled Castes and Scheduled Tribes. Under this legislation, victims are entitled to compensation, along with other forms of relief that vary depending on the nature of the offense. The victims have the right to receive financial compensation, which can vary from Rs. 25,000 to 200,000, depending on the severity of the offense.

Motor Vehicles Act, 1988

Under Section 5 of the Act, individuals who have been involved in vehicular accidents or their legal representatives have the right to receive compensation from the responsible party.

Concluding Remarks

The Indian judicial system has made great strides in identifying and addressing the needs of crime victims; however, a number of issues still exist that prevent complete victim justice from being realized.

Implementation Gap: Despite progressive legislative amendments and judicial directives, the effective implementation of victim-centric policies remains a challenge. There is often a disparity between legal provisions and their execution on the ground due to various systemic inefficiencies, lack of resources, and sometimes, outright disregard.

Limited Awareness and Training: A significant hurdle is the lack of awareness and training among law enforcement officials regarding the rights and needs of victims. Without adequate training, police officers may fail to provide appropriate support and assistance to victims during their initial encounter, undermining their trust in the criminal justice system.

Insufficient Support Services: While there are provisions for victim compensation and support services, including legal aid and counselling, the availability and accessibility of these services remain limited, especially for marginalized communities. Many victims, particularly those from low-income backgrounds or rural areas, struggle to access these resources due to bureaucratic hurdles or lack of awareness.

Judicial Delays and Backlogs: The prolonged duration of legal proceedings often exacerbates the trauma experienced by victims, leading to a sense of disillusionment with the justice system. Despite provisions for expedited trials in certain cases, such as rape, the reality is that many victims continue to face lengthy delays and prolonged court battles, further victimizing them.

Inadequate Rehabilitation and Support: While compensation schemes provide financial relief to victims, they often overlook the long-term rehabilitation and psychosocial support needs of survivors. Many victims, especially those of heinous crimes like rape or domestic violence, require comprehensive support services beyond monetary compensation to rebuild their lives and heal from their trauma.