Victimology in Indian Criminal Justice system:  Rights and Remedies 

Abstract  

Victimology is significant in the cruel world and it is useful for the victims and their families.  The criminal justice system in India has traditionally focused on punishing offenders, often  sidelining the experiences, rights, and needs of victims. However, with the evolution of  victimology as an academic and legal discipline, there is a growing recognition of victims as the point of central in the view of justice. This paper explores the theoretical foundations of  victimology and critically examines the legal and institutional framework for victim  protection in India. It discusses the rights of victims during criminal proceedings, the special  provisions for vulnerable categories such as women, children, and marginalized communities,  and the role of victim assistance programs in ensuring rehabilitation and support. Despite  several progressive legislations and judicial pronouncements, challenges persist in the  implementation of victim-centric measures due to systemic, societal, and infrastructural  limitations. By comparing international best practices, this study highlights India’s relative  lag in establishing a comprehensive and enforceable victims’ rights regime. 

Introduction 

➢ Victim is the term used to mention the person who is aggrieved or injured or harmed  person by the guilty person. 

➢ The Victimology is basically the study of victims with their position, experience,  character and their role in the judiciary system. 

➢ Our old Indian Judiciary system, focuses to use the Retributive theory of punishment  for any criminal activities involved by any person  

➢ Retributive theory, is mainly focuses ‘to suffer the same’ means, the person who done  any harm or causing any injury to another person, that person will receive the same as  punishment and suffer the same pain, so he could never do this again in his lifetime. 

➢ But later, we change the Retributive ( revenge ) theory to Reformative ( forgive)  theory, in our legal system. 

➢ Reformative theory, focus on sentiment and emotional treatment, this theory will  perform to give counselling and give mental treatment, many of them believe in this  theory, to the offensive persons. 

➢ Our Indian Criminal laws are only focusing on the Offenders only, so the study of  victimology helps us to understand about the victims. 

➢ The Courts main role is to find out the victims and the offenders, so the aggrieved  person can get the relief. 

➢ Now, in this Article we going to see about how victims are summarised in criminal  law and the rights and remedies of the victims. 

Keywords 

Victim, concept of Victimology, protection and Application of Victimology in India, Judicial  role in victimology, Victimology’s role and it’s practical challenges. 

Theoretical framework of Victimology  

We going to see about the theories, which framed the victimology theories in the Indian  Judiciary system, 

1. Positivist Victimology 

The positivist Victimology focuses on the characters of the Victims and their role in  the society. For e.g. the person who views the fight between other two persons, the 

person who go for late night walks with a chance to doubt as thief, the person who  watches the accident (with or without knowledge), these all the persons will be choose  by the police officers for the investigation procedures, in sometimes he also added as  liable person in the crime. 

1. Radical Victimology  

Radical Victimology, is a significant which for one mistake or crime done by others, it  would be likely targeted by a particular group or individuals, it seen not just the  victims but also victims economic background, social pressures. For e.g. if a person  arrested for rape of a minor, which is done by others how the society looks that person and treat that person is totally different, until he proved in the court of justice. 

1. Critical Victimology  

The Critical Victimology examines how the society looks the victims character and  structural formations they face in the Indian Territory, this will actually frame the  victims into the legal system of India. For e.g. the sexual worker, prostitute getting  arrested for sexual crimes. It clearly explain how the Legal system clarifies the  victimhood. 

1. Application in India 

These theories were enforce in the Indian Legal system and give supports to the  victims in the India for many crimes and give solutions and reasons to the societal  problems with the victims. Victimology plays a ideal role in the Indian Legal system  for the problems including, 

❖ Treatment of rape victims  

❖ Acid attack survivors and 

❖ Scheduled Caste ( SC ) and Scheduled Tribe ( ST ) Victims 

Like these problems can be given counselling services by these theories, many thinkers in all  over the countries had played a remarkable role and graded by application of these theories. Many thinkers like Von Hentig and Stephen Schafer were remembered in the Indian context  also.

Legal protection for victims in India 

There are many Laws available in the India to provide the legal protection to the victims  namely, 

1) Code of Criminal Procedure (CrPC), 1973 

In CRPC, there are two sections which defines about the legal protection for the  victims in India, 

• Section 357: This section which deals with the compensation to the victims in  India legal jurisdiction 
• Sections 154,161,164: These sections which deals with the Procedural  safeguards of the victims which is especially in the sexual offences. 

So, we can use these sections under the CrPC, in Indian jurisdiction.  

2) Victim compensation Scheme 

In Indian legal jurisdiction, victim compensation Scheme can be issued under the Section 357A of CrPC1 which mentions that the State has the obligation to separate and establish funds. 

3) Constitutional provisions 

The Constitutional Law is the mother law of all the laws in the India, so no other law  can overrule the Constitutional Articles, there are two basic fundamental articles for  the victims for their legal protection, 

• Article 21 – This article which mentions, that every person has the Right to  Life and liberty as a basic fundamental rights, but this article also carrying that  Right to dignity ( respect ) is also included in the Article 21. 
• Article 14 – This article mentions, that no one should be above law and no one  is below the law, everyone is same and equal from birth to death, Equality  before the law has to be maintained without any bias and partiality. 

4) Judicial Recognition  

1 The Code of Criminal Procedure, 1973, No. 2 of 1974, § 357A, inserted by The Code of Criminal  Procedure (Amendment) Act, No. 5 of 2009, India Code (2009)

Judicial system has played a major role in shaping up legal structure for the welfare of  the victims in many cases, the famous quote also there “Even hundred criminals can  escape, but even one innocent should punished” according to this quote our Judicial  system is running, the one of the reference case is, Delhi domestic working women’s  forum v. Union of India2, in this case Supreme Court Justice mentioned the concept of  Right to free legal aid and the counselling to the parties of the case, who is below the  average source of income can get this right and The Government should arrange  recognised pleader to argue for their case and bring the Justice in the case, and  Government will provide the monthly salary for the legal aid advocate according to  their capabilities and skills. 

5) Schemes 

The judiciary had interpreted and Government had announced various schemes to the  victims and their family to their welfare and to face their future economic  development. Some schemes are Nirbhaya fund, Ujjawala Scheme and Etc., have  been made for the victims who faced so many critical situations by the criminals and  spent much money on the court to secure the Justice in Court. So, for these problems  the schemes are announced for their next future career development, by these funds it can be beneficial for them and their whole family. 

Rights of Victims in Criminal proceedings 

➢ Right to be heard : The rights of the victims should be heard with full sense mainly  while applying bail petitions, parole and while giving sentence to stages for the  victims, it is clearly mentioned in the Mallikarjun kodagali v. State of Karnataka3, this  case is good reference and good example for the Right to be heard. 

➢ Right to information : The right to information is basic rights for the victims mainly  to know about any details like trial status, the victims investigation and also he can  know about the compensation available to the victim, he have these rights to know about it and their details. 

2 Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 S.C.C. 14 (India) 3 Mallikarjun Kodagali v. State of Karnataka, (2019) 2 S.C.C. 752 (India)

➢ Right to legal aid and assistance : The victim can get legal aid or free legal aid and  their assistance for their case to represent the victim in the court, this can be done  through the procedures and process in the CrPC and the guidelines and consent of the  Supreme Court in India. 

➢ Right to protection : The concerned Court victims are to be protected and  safeguarded under the judicial custody and under the direct view of judges, the police  officers also strictly ordered to safeguard the victims, from any retaliation and from  the intimidation to the victims from any strangers. 

➢ Right to compensation : The victims should get the relief and the sum of the amount  from the offensive person as compensation and given it to the victims, and right to  rehabilitation is also one of their right. 

Special provisions for vulnerable victims  

There are many provisions available for the vulnerable victims namely, 

➢ For Women victims : There are many Acts and statutes available for the women that  are Protection Of Children from Sexual Offences (POCSO) Act, 2012 is for the minor  girls sexual harassment or rape, Domestic Violence Act, 2012 for the wife’s safety in  the house, Sexual Harassment of Women at workplace Act,2013 it is one of the Act  while is implemented after the Vishaka & ors. V. State of Rajasthan4it is one of them  landmark judgement case for women’s safety in workplace. 

➢ For child victims : There are many Acts present in India for the protection of  Children from any harm activities, namely Juvenile Justice Act, 2015 for the  protection of child adoption, marriage, and some etc., is managed by JJ Act. POCSO  procedures is also there for the children to make child-friendly procedures and in  practical usage.  

4 Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241 (India)

➢ For SC/ ST Victims : In India, the many conflicts arising from the caste to caste  conflicts. The higher caste group peoples will dominate the lower caste groups in all  the places, they will restrict the lower caste groups. If the lower caste groups didn’t  follow the rules of higher caste groups they will kill and harm the lower caste groups.  So, for that kind of situations this Act like Protection under SC/ ST (Prevention of  atrocities) Act, 1989 this Act will helpful for the Scheduled people’s from the  dominant caste peoples. 

Like these there are many Acts available for the welfare of the citizens in the India to protect  themselves by Legal system. 

Victim Assistance Program 

There are many programs available for the victims, which it may be useful for themselves  and their family members some are, 

❖ The Victim Compensation scheme which is useful for their future career and  economic development (especially in the states like Delhi, Maharashtra, Tamil Nadu) ❖ Rehabilitation homes is available for the victims mainly due to control the fear of the  victims, rape involved person to give counselling and acid attack persons to change  the mind set of these kind of persons. Trauma centres also available for the victims  usage. 

❖ All the victims must be sent to all the counselling’s by legal side, medical counselling examination, and also seek for the police officers to help the victims. 

Challenges in Implementation  

There are many challenges facing by the Government in Implementing these programs and  laws in India namely, 

➢ Due to insufficient funds and taking too much time for settling the amount for the victims and their families. 

➢ There is no laws for victims and there is no universal and same law for the victims for  their welfare rights.

➢ The Victims would be largely blaming while in the courts cross – examination, and  secondary victimization is available while during the trial of the court. 

➢ The availability of the poor witness will leads to the poor implementation of the  witness, there are many Supreme Court cases also deals with it. 

➢ The Justice which is delay, the Victims has to face social problems in the society,  especially in the rape, sexual cases will have different from of feeling with the  victims, while facing the social stigma. 

➢ There is no sufficient training to the judiciary officers/ Judges and to the Police  officers, in the India, so faced lot of challenges in implementation of the Victimology  in India. 

Conclusion  

As the conclusion to our part, Victimology is should be implemented in the India because it is  the growing discipline and also it restores with the balanced Indian Legal System. We have  to remind this always that victims are not offensive persons, they are also the right holders  and fundamental rights also reserved for them. In previously our thoughts is filled based on  giving punishment to the criminals and offensive persons but now, all the peoples mostly  80% are educated in the India, now focuses on Victims sensitive Framework. The  Government should make Victim centric justice centres to making their legal remedies and  social, economic remedies possible to the victims and to aim for the Justice in the Courts for  the Victims.