{"id":5343,"date":"2025-08-06T22:24:38","date_gmt":"2025-08-06T16:54:38","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5343"},"modified":"2025-08-06T22:28:10","modified_gmt":"2025-08-06T16:58:10","slug":"victimology-in-indian-criminal-justice-system-rights-and-remedies","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/08\/06\/victimology-in-indian-criminal-justice-system-rights-and-remedies\/","title":{"rendered":"Victimology in Indian Criminal Justice system:\u00a0 Rights and Remedies\u00a0"},"content":{"rendered":"\t\t
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This article is written by R. Antony Robinson third year student BA.LLB\u00a0 (Hons.) of Dr. Ambedkar Global Law Institute\u00a0\u00a0<\/em><\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Abstract\u00a0\u00a0<\/b><\/p>\n

Victimology is significant in the cruel world and it is useful for the victims and their families.\u00a0 The criminal justice system in India has traditionally focused on punishing offenders, often\u00a0 sidelining the experiences, rights, and needs of victims. However, with the evolution of\u00a0 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\u00a0 victimology and critically examines the legal and institutional framework for victim\u00a0 protection in India. It discusses the rights of victims during criminal proceedings, the special\u00a0 provisions for vulnerable categories such as women, children, and marginalized communities,\u00a0 and the role of victim assistance programs in ensuring rehabilitation and support. Despite\u00a0 several progressive legislations and judicial pronouncements, challenges persist in the\u00a0 implementation of victim-centric measures due to systemic, societal, and infrastructural\u00a0 limitations. By comparing international best practices, this study highlights India\u2019s relative\u00a0 lag in establishing a comprehensive and enforceable victims\u2019 rights regime.\u00a0<\/span><\/p>\n

Introduction\u00a0<\/b><\/p>\n

\u27a2 <\/span>Victim is the term used to mention the person who is aggrieved or injured or harmed\u00a0 person by the guilty person.\u00a0<\/span><\/p>\n

\u27a2 <\/span>The Victimology is basically the study of victims with their position, experience,\u00a0 character and their role in the judiciary system.\u00a0<\/span><\/p>\n

\u27a2 <\/span>Our old Indian Judiciary system, focuses to use the Retributive theory of punishment\u00a0 for any criminal activities involved by any person\u00a0\u00a0<\/span><\/p>\n

\u27a2 <\/span>Retributive theory, is mainly focuses \u2018to suffer the same\u2019 means, the person who done\u00a0 any harm or causing any injury to another person, that person will receive the same as\u00a0 punishment and suffer the same pain, so he could never do this again in his lifetime.\u00a0<\/span><\/p>\n

\u27a2 <\/span>But later, we change the Retributive ( revenge ) theory to Reformative ( forgive)\u00a0 theory, in our legal system.\u00a0<\/span><\/p>\n

\u27a2 <\/span>Reformative theory, focus on sentiment and emotional treatment, this theory will\u00a0 perform to give counselling and give mental treatment, many of them believe in this\u00a0 theory, to the offensive persons.\u00a0<\/span><\/p>\n

\u27a2 <\/span>Our Indian Criminal laws are only focusing on the Offenders only, so the study of\u00a0 victimology helps us to understand about the victims.\u00a0<\/span><\/p>\n

\u27a2 <\/span>The Courts main role is to find out the victims and the offenders, so the aggrieved\u00a0 person can get the relief.\u00a0<\/span><\/p>\n

\u27a2 <\/span>Now, in this Article we going to see about how victims are summarised in criminal\u00a0 law and the rights and remedies of the victims.\u00a0<\/span><\/p>\n

Keywords\u00a0<\/b><\/p>\n

Victim, concept of Victimology, protection and Application of Victimology in India, Judicial\u00a0 role in victimology, Victimology\u2019s role and it\u2019s practical challenges.\u00a0<\/span><\/p>\n

Theoretical framework of Victimology\u00a0\u00a0<\/b><\/p>\n

We going to see about the theories, which framed the victimology theories in the Indian\u00a0 Judiciary system,\u00a0<\/span><\/p>\n

    \n
  1. Positivist Victimology\u00a0<\/b><\/li>\n<\/ol>\n

    The positivist Victimology focuses on the characters of the Victims and their role in\u00a0 the society. For e.g. the person who views the fight between other two persons, the\u00a0<\/span><\/p>\n

    person who go for late night walks with a chance to doubt as thief, the person who\u00a0 watches the accident (with or without knowledge), these all the persons will be choose\u00a0 by the police officers for the investigation procedures, in sometimes he also added as\u00a0 liable person in the crime.\u00a0<\/span><\/p>\n

      \n
    1. Radical Victimology\u00a0\u00a0<\/b><\/li>\n<\/ol>\n

      Radical Victimology, is a significant which for one mistake or crime done by others, it\u00a0 would be likely targeted by a particular group or individuals, it seen not just the\u00a0 victims but also victims economic background, social pressures. For e.g. if a person\u00a0 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.\u00a0<\/span><\/p>\n

        \n
      1. Critical Victimology\u00a0\u00a0<\/b><\/li>\n<\/ol>\n

        The Critical Victimology examines how the society looks the victims character and\u00a0 structural formations they face in the Indian Territory, this will actually frame the\u00a0 victims into the legal system of India. For e.g. the sexual worker, prostitute getting\u00a0 arrested for sexual crimes. It clearly explain how the Legal system clarifies the\u00a0 victimhood.\u00a0<\/span><\/p>\n

          \n
        1. Application in India\u00a0<\/b><\/li>\n<\/ol>\n

          These theories were enforce in the Indian Legal system and give supports to the\u00a0 victims in the India for many crimes and give solutions and reasons to the societal\u00a0 problems with the victims. Victimology plays a ideal role in the Indian Legal system\u00a0 for the problems including,\u00a0<\/span><\/p>\n

          \u2756 <\/span>Treatment of rape victims\u00a0\u00a0<\/span><\/p>\n

          \u2756 <\/span>Acid attack survivors and\u00a0<\/span><\/p>\n

          \u2756 <\/span>Scheduled Caste ( SC ) and Scheduled Tribe ( ST ) Victims\u00a0<\/span><\/p>\n

          Like these problems can be given counselling services by these theories, many thinkers in all\u00a0 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\u00a0 also.<\/span><\/p>\n

          Legal protection for victims in India\u00a0<\/b><\/p>\n

          There are many Laws available in the India to provide the legal protection to the victims\u00a0 namely,\u00a0<\/span><\/p>\n

          1) Code of Criminal Procedure (CrPC), 1973\u00a0<\/b><\/p>\n

          In CRPC, there are two sections which defines about the legal protection for the\u00a0 victims in India,\u00a0<\/span><\/p>\n

            \n
          • Section 357: This section which deals with the compensation to the victims in\u00a0 India legal jurisdiction\u00a0<\/span><\/li>\n
          • Sections 154,161,164: These sections which deals with the Procedural\u00a0 safeguards of the victims which is especially in the sexual offences.\u00a0<\/span><\/li>\n<\/ul>\n

            So, we can use these sections under the CrPC, in Indian jurisdiction.\u00a0\u00a0<\/span><\/p>\n

            2) Victim compensation Scheme\u00a0<\/b><\/p>\n

            In Indian legal jurisdiction, victim compensation Scheme can be issued under the Section 357A of CrPC<\/span>1 <\/span>which mentions that the State has the obligation to separate and establish funds.\u00a0<\/span><\/p>\n

            3) Constitutional provisions\u00a0<\/b><\/p>\n

            The Constitutional Law is the mother law of all the laws in the India, so no other law\u00a0 can overrule the Constitutional Articles, there are two basic fundamental articles for\u00a0 the victims for their legal protection,\u00a0<\/span><\/p>\n

              \n
            • Article 21 \u2013 This article which mentions, that every person has the Right to\u00a0 Life and liberty as a basic fundamental rights, but this article also carrying that\u00a0 Right to dignity ( respect ) is also included in the Article 21.\u00a0<\/span><\/li>\n
            • Article 14 \u2013 This article mentions, that no one should be above law and no one\u00a0 is below the law, everyone is same and equal from birth to death, Equality\u00a0 before the law has to be maintained without any bias and partiality.\u00a0<\/span><\/li>\n<\/ul>\n

              4) Judicial Recognition\u00a0\u00a0<\/b><\/p>\n

              1 <\/span>The Code of Criminal Procedure, 1973, No. 2 of 1974, \u00a7 357A, inserted by The Code of Criminal\u00a0 Procedure (Amendment) Act, No. 5 of 2009, India Code (2009)<\/span><\/p>\n

              Judicial system has played a major role in shaping up legal structure for the welfare of\u00a0 the victims in many cases, the famous quote also there \u201cEven hundred criminals can\u00a0 escape, but even one innocent should punished\u201d according to this quote our Judicial\u00a0 system is running, the one of the reference case is, Delhi domestic working women\u2019s\u00a0 forum v. Union of India<\/span>2<\/span>, in this case Supreme Court Justice mentioned the concept of\u00a0 Right to free legal aid and the counselling to the parties of the case, who is below the\u00a0 average source of income can get this right and The Government should arrange\u00a0 recognised pleader to argue for their case and bring the Justice in the case, and\u00a0 Government will provide the monthly salary for the legal aid advocate according to\u00a0 their capabilities and skills.\u00a0<\/span><\/p>\n

              5) Schemes\u00a0<\/b><\/p>\n

              The judiciary had interpreted and Government had announced various schemes to the\u00a0 victims and their family to their welfare and to face their future economic\u00a0 development. Some schemes are Nirbhaya fund, Ujjawala Scheme and Etc., have\u00a0 been made for the victims who faced so many critical situations by the criminals and\u00a0 spent much money on the court to secure the Justice in Court. So, for these problems\u00a0 the schemes are announced for their next future career development, by these funds it can be beneficial for them and their whole family.\u00a0<\/span><\/p>\n

              Rights of Victims in Criminal proceedings\u00a0<\/b><\/p>\n

              \u27a2 <\/span>Right to be heard : <\/b>The rights of the victims should be heard with full sense mainly\u00a0 while applying bail petitions, parole and while giving sentence to stages for the\u00a0 victims, it is clearly mentioned in the Mallikarjun kodagali v. State of Karnataka<\/span>3<\/span>, this\u00a0 case is good reference and good example for the Right to be heard.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>Right to information : <\/b>The right to information is basic rights for the victims mainly\u00a0 to know about any details like trial status, the victims investigation and also he can\u00a0 know about the compensation available to the victim, he have these rights to know about it and their details.\u00a0<\/span><\/p>\n

              2 <\/span>Delhi Domestic Working Women\u2019s Forum v. Union of India, (1995) 1 S.C.C. 14 (India) <\/span>3 <\/span>Mallikarjun Kodagali v. State of Karnataka, (2019) 2 S.C.C. 752 (India)<\/span><\/p>\n

              \u27a2 <\/span>Right to legal aid and assistance : <\/b>The victim can get legal aid or free legal aid and\u00a0 their assistance for their case to represent the victim in the court, this can be done\u00a0 through the procedures and process in the CrPC and the guidelines and consent of the\u00a0 Supreme Court in India.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>Right to protection : <\/b>The concerned Court victims are to be protected and\u00a0 safeguarded under the judicial custody and under the direct view of judges, the police\u00a0 officers also strictly ordered to safeguard the victims, from any retaliation and from\u00a0 the intimidation to the victims from any strangers.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>Right to compensation : <\/b>The victims should get the relief and the sum of the amount\u00a0 from the offensive person as compensation and given it to the victims, and right to\u00a0 rehabilitation is also one of their right.\u00a0<\/span><\/p>\n

              Special provisions for vulnerable victims\u00a0\u00a0<\/b><\/p>\n

              There are many provisions available for the vulnerable victims namely,\u00a0<\/span><\/p>\n

              \u27a2 <\/span>For Women victims : <\/b>There are many Acts and statutes available for the women that\u00a0 are Protection Of Children from Sexual Offences (POCSO) Act, 2012 is for the minor\u00a0 girls sexual harassment or rape, Domestic Violence Act, 2012 for the wife\u2019s safety in\u00a0 the house, Sexual Harassment of Women at workplace Act,2013 it is one of the Act\u00a0 while is implemented after the Vishaka & ors. V. State of Rajasthan<\/span>4<\/span>it is one of them\u00a0 landmark judgement case for women\u2019s safety in workplace.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>For child victims : <\/b>There are many Acts present in India for the protection of\u00a0 Children from any harm activities, namely Juvenile Justice Act, 2015 for the\u00a0 protection of child adoption, marriage, and some etc., is managed by JJ Act. POCSO\u00a0 procedures is also there for the children to make child-friendly procedures and in\u00a0 practical usage.\u00a0\u00a0<\/span><\/p>\n

              4 <\/span>Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241 (India)<\/span><\/p>\n

              \u27a2 <\/span>For SC\/ ST Victims : <\/b>In India, the many conflicts arising from the caste to caste\u00a0 conflicts. The higher caste group peoples will dominate the lower caste groups in all\u00a0 the places, they will restrict the lower caste groups. If the lower caste groups didn\u2019t\u00a0 follow the rules of higher caste groups they will kill and harm the lower caste groups.\u00a0 So, for that kind of situations this Act like Protection under SC\/ ST (Prevention of\u00a0 atrocities) Act, 1989 this Act will helpful for the Scheduled people\u2019s from the\u00a0 dominant caste peoples.\u00a0<\/span><\/p>\n

              Like these there are many Acts available for the welfare of the citizens in the India to protect\u00a0 themselves by Legal system.\u00a0<\/span><\/p>\n

              Victim Assistance Program\u00a0<\/b><\/p>\n

              There are many programs available for the victims, which it may be useful for themselves\u00a0 and their family members some are,\u00a0<\/span><\/p>\n

              \u2756 <\/span>The Victim Compensation scheme which is useful for their future career and\u00a0 economic development (especially in the states like Delhi, Maharashtra, Tamil Nadu) <\/span>\u2756 <\/span>Rehabilitation homes is available for the victims mainly due to control the fear of the\u00a0 victims, rape involved person to give counselling and acid attack persons to change\u00a0 the mind set of these kind of persons. Trauma centres also available for the victims\u00a0 usage.\u00a0<\/span><\/p>\n

              \u2756 <\/span>All the victims must be sent to all the counselling\u2019s by legal side, medical counselling examination, and also seek for the police officers to help the victims<\/span>.\u00a0<\/b><\/p>\n

              Challenges in Implementation\u00a0\u00a0<\/b><\/p>\n

              There are many challenges facing by the Government in Implementing these programs and\u00a0 laws in India namely,\u00a0<\/span><\/p>\n

              \u27a2 <\/span>Due to insufficient funds and taking too much time for settling the amount for the victims and their families.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>There is no laws for victims and there is no universal and same law for the victims for\u00a0 their welfare rights.<\/span><\/p>\n

              \u27a2 <\/span>The Victims would be largely blaming while in the courts cross \u2013 examination, and\u00a0 secondary victimization is available while during the trial of the court.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>The availability of the poor witness will leads to the poor implementation of the\u00a0 witness, there are many Supreme Court cases also deals with it.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>The Justice which is delay, the Victims has to face social problems in the society,\u00a0 especially in the rape, sexual cases will have different from of feeling with the\u00a0 victims, while facing the social stigma.\u00a0<\/span><\/p>\n

              \u27a2 <\/span>There is no sufficient training to the judiciary officers\/ Judges and to the Police\u00a0 officers, in the India, so faced lot of challenges in implementation of the Victimology\u00a0 in India.\u00a0<\/span><\/p>\n

              Conclusion\u00a0\u00a0<\/b><\/p>\n

              As the conclusion to our part, Victimology is should be implemented in the India because it is\u00a0 the growing discipline and also it restores with the balanced Indian Legal System. We have\u00a0 to remind this always that victims are not offensive persons, they are also the right holders\u00a0 and fundamental rights also reserved for them. In previously our thoughts is filled based on\u00a0 giving punishment to the criminals and offensive persons but now, all the peoples mostly\u00a0 80% are educated in the India, now focuses on Victims sensitive Framework. The\u00a0 Government should make Victim centric justice centres to making their legal remedies and\u00a0 social, economic remedies possible to the victims and to aim for the Justice in the Courts for\u00a0 the Victims.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

              This article is written by R. Antony Robinson third year student BA.LLB\u00a0 (Hons.) of Dr. Ambedkar Global Law Institute\u00a0\u00a0 Abstract\u00a0\u00a0 Victimology is significant in the cruel world and it is useful for the victims and their families.\u00a0 The criminal justice system in India has traditionally focused on punishing offenders, often\u00a0 sidelining the experiences, rights, and […]<\/p>\n","protected":false},"author":1,"featured_media":5012,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[85],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5343"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=5343"}],"version-history":[{"count":4,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5343\/revisions"}],"predecessor-version":[{"id":5348,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5343\/revisions\/5348"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5012"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=5343"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=5343"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=5343"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}