Victimology: Understanding the Forgotten Stakeholders in Justice

Introduction

Crime leaves a profound impact on numerous individuals, causing physical, psychological, social, and financial harm that requires timely redress through accessible justice mechanisms. While victims have traditionally relied on support from their families, communities, or social networks, they have largely remained the “overlooked party” within the criminal justice system. It is only in recent decades that the effects of victimization have gained recognition in criminal law jurisdictions worldwide, leading to the realization that victims must be treated with empathy and their dignity, rights, and fundamental freedoms safeguarded and respected.

What Is Victimology?

Victimology can be defined as the scientific study of victimization, encompassing the relationships between victims and offenders, as well as the interactions between victims and the criminal justice system, including the police, courts, and correctional institutions. It also examines the connections between victims and broader social groups and institutions, such as the media, businesses, and social movements. Importantly, victimology is not limited to the study of crime victims alone; it extends to other forms of human rights violations that may not necessarily constitute criminal acts.

Definitions

If Criminology could in a nutshell be described as the science of crime, i.e., ‘the study of law making, law breaking and societal reaction to law breaking, Victimology could similarly be defined as the science of crimes and their victims[1]

Andrew Karmen, who wrote a text on victimology entitled “Crime Victims: An Introduction to Victimology,1990,” broadly defined Victimology as the study of:

• Victimization
• The victim-offender relationship
• Victim criminal justice system relationship
• The victim and media
• The victim and the cost of crime
• Victim and social movements

Significance Of Victimology

• Recognition of Victims’ Experiences: Victimology draws attention to the physical, emotional, economic, and social harm suffered by victims of crime and other forms of victimisation, which otherwise can be overlooked in a criminal justice system focused on offenders.
• Informing Better Policy and Service Provision: By studying how victimisation occurs, who is vulnerable, and what consequences follow, victimology assists in designing victim-support services, compensation schemes, and reforming justice-system practices.
• Preventive Function: Victimology highlights patterns and risk factors for victimisation (for example, lifestyle, environment, social vulnerability), which can help prevent crime or reduce harm.
• Promoting Victim Rights and Justice: The field emphasises victims’ rights to dignity, participation, support, and rehabilitation, shifting the criminal justice paradigm from solely punishing offenders to also addressing victims’ needs.
• Broadening The Concept Of Harm: Victimology expands our understanding of harm beyond individual crimes to include institutional, structural, and collective harms (e.g., human rights abuses), thereby making justice responses more inclusive.
• Enhancing Research And Data-Driven Approaches: Victimology uses empirical data (surveys, victimisation studies) to uncover “hidden” victimisation (the “dark figure” of crime) and to better understand how victims are impacted and how systems can respond.

Theories Of Victimology

Victim Precipitation Theory

Victim precipitation, also known as victim facilitation, refers to situations where the victim was the initial aggressor in the action that led to their harm or loss. The theory was first coined by Marvin Wolfgang.

This theory argues that victims sometimes play an active or at least contributory role in the events that lead to their victimization. “Precipitation” can be direct (the victim instigates the criminal act) or indirect (their behavior increases the likelihood of being targeted). The offender’s decision to commit the offense is influenced by something the victim said, did, or failed to do. That action or omission triggers or escalates the situation.

For example, two people argue in a bar; one insults the other and throws a glass. The insulted person retaliates; a fight escalates, and one person is seriously injured. Here, the initial provocation by the victim contributed to the assault.

Study Conducted By Marvin Wolfgang

Wolfgang (1957) examined 588 homicides that occurred in Philadelphia between 1948 and 1952 and found that in a quarter of his sample (26%), the victim was the first to engage in physical violence, or in other words, the victim was the initial aggressor.

Criticisms Of This Theory

• A major criticism of this theory is the assumption that the victim and the offender enter into an interaction as equals, dismissing any power imbalances and/or dynamics at hand.
• Research like Wolfgang’s has given rise to the phenomenon of victim blaming. It ignores structural factors (poverty, social inequality) and overemphasizes individual behavior.
• Empirical support is mixed; it explains only a subset of crimes and not stranger-on-stranger violence or opportunistic crimes.

Lifestyle Theory

A person’s lifestyle and daily routines, who they hang out with, where they go, and what they do determine their chance of becoming a victim…

Deviant Place Theory

The Deviant Place Theory was first proposed by criminologists Lawrence E. Cohen and Marcus Felson in the 1970s…

Routine Activity Theory (RAT)

RAT argues that when a crime occurs, three things happen at the same time and in the same space:

• A suitable target is available
• There is a lack of a suitable guardian
• A likely and motivated offender is present

The Legal Provisions

The framework of Indian criminal jurisprudence increasingly recognizes that justice is incomplete without addressing the suffering of victims…

Evolution

In ancient India, justice was rooted in moral and religious texts like the Dharmashastras and Manusmriti…

Present Legal Reliefs For The Victims That Are Available

CODE OF CRIMINAL PROCEDURE, 1973 (CRPC)…

Bhartiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 carries forward these provisions…

Bharatiya Sakshya Adhiniyam, 2023

Under Sections 154 and 155 of BSA…

Bharatiya Nyaya Sanhita, 2023

Several sections of the Bharatiya Nyaya Sanhita address the protection of witnesses…

Motor Vehicles Act, 1988 (MVA)

Provides for the regulation of motor vehicles…

Compensation Under Protection Of Children From Sexual Offences Act, 2012 (POCSO)

Section 33(8) of POCSO provides…

Interpretation Of Judiciary

• Maru Ram & Ors. Vs Union of India & Ors: Victimology must find fulfillment…
• Nipun Saxena vs Union of India: By noting the drawbacks of existing schemes…
• Laxmi v. Union of India: The Supreme Court laid down guidelines…
• Karan v. State NCT of Delhi: The Delhi High Court devised a formula…

Different Government Initiatives

• Central Victim Compensation Fund (CVCF): The Government of India created…
• Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes (2018): Prescribes national minimum–maximum compensation slabs…
• Nirbhaya Fund / One-Stop Centers (OSC / Sakhi): The Nirbhaya Fund finances protection and support initiatives…
• Punjab Project Hifazat (2025): Recent initiative to strengthen helplines (181)…

The Era Of AI And Its Contribution

We live in an era where technology is reshaping every aspect of our lives…

• Joy: AI Wellness Platform: Trauma support after mass violence…
• CSAM – Child Sexual Abuse Material Detection System: A digital forensic tool to detect, trace, and remove CSAM content online…

Challenges In The Implementation Of Victim Protection Laws In India

• Absence of effective public outreach and legal literacy programs prevents victims from seeking relief.
• Compensation is often delayed or denied due to bureaucratic hurdles.
• Shortage of trained personnel in State Legal Services Authorities (SLSAs) hampers efficiency.
• Long trials, frequent adjournments, and procedural complexities cause emotional and financial distress.
• Lack of fast-track courts and victim-sensitive procedures leads to secondary victimization during trials.
• Despite the Witness Protection Scheme (2018), implementation remains poor. Victims face threats and intimidation, especially in cases involving influential accused persons.
• One-Stop Centres and helplines exist but are unevenly distributed and poorly managed. Rehabilitation and support services (counseling, legal aid, medical help, vocational training) are fragmented and underfunded.
• Poor coordination between police, prosecution, and protection units weakens safety measures.
• No reliable national database on victims, compensation, or protection. Lack of data makes it difficult to evaluate implementation and identify systemic issues.

Suggestions And Recommendations

A comparative analysis indicates that the landscape of victim compensation in India has undergone significant changes over the past decades. However, when compared to other countries, India still lags in certain areas, and several improvements can be suggested:

• There is a pressing need for comprehensive and extensive legislation on victim compensation in India.
• Concepts emerging in countries like the United States, such as the Victim Compensation Statement, which enhances victim participation in the justice process, should be introduced in India to increase victim involvement and contribution.

Such Statements Should Detail:

Inspired by the American system, legislation such as the Victims of Crime Acts, which support “victim assistance programs” and provide subsidies and financial aid, represents a model that India could emulate to strengthen its victim support framework.

Conclusion

Victim compensation has emerged as a crucial component of justice, complementing traditional punishment by emphasizing reparation, rehabilitation, and support for victims. While India has made progress through statutory provisions but challenges remain in implementation, coordination, and timely delivery of relief. Effective victim-centric justice requires synchronized efforts across all criminal justice institutions, transparency in processes, and clear accountability to ensure victims receive financial, medical, and psychological support. Strengthening legislation, adopting international best practices, and leveraging AI and technology can further enhance victim protection, making the justice system more balanced, inclusive, and responsive.

End Notes:

• Prof. E.H.Sutherland, Principles of Criminology (J.B.Lippincott Co.,1955) p.7
• AIR 1993 SC 1960
• AIR 1980 SC 2147
• AIRONLINE 2018 SC 826
• (2014) 4 SCC 427
• 277 (2021) DLT 195 (FB)