Introduction
For decades, India’s criminal justice system has revolved around one central question — who committed the crime and how should they be punished? The victim, strangely enough, has often been pushed to the side-lines, treated as little more than a witness to their own suffering. Their pain, their healing, and even their sense of justice rarely got the space they deserved.
But that focus is slowly shifting. A field called victimology has emerged, reminding us that justice should also mean restoration — not just punishment. When paired with the ideas of restorative justice, it creates a framework where healing, empathy, and accountability coexist.
Of course, this balance isn’t simple. Some believe restorative justice risks being too lenient. Others argue that a system that ignores victims’ needs can never be truly fair. The truth probably lies somewhere in between — in a justice system that punishes wrongs yet helps rebuild lives.
Understanding Victimology: Meaning, Scope, and Theories
What is Victimology?
In essence, victimology is the study of people who suffer harm because of crime — how they’re affected, why they’re vulnerable, and what society and law can do for them. It shifts attention from just catching the criminal to understanding the person who was hurt.
Why It Matters
Victimology broadens the definition of justice. It recognizes that punishing an offender is only half the story. Real justice must also include the recovery and dignity of the person who endured the harm. In India, this perspective is gradually shaping policies that blend compassion with accountability.
Major Theories of Victimology
- Victim Precipitation Theory: Proposed by Marvin Wolfgang, this theory explores how a victim’s actions might sometimes contribute to the circumstances of a crime — like a heated argument that escalates into violence. It’s controversial, though, because it can slip into victim-blaming if misused.
- Lifestyle Theory: Developed by Hindelang, Gottfredson, and Garofalo, this theory suggests that people’s routines can influence their risk of victimization. For instance, someone who travels late at night through deserted areas might face greater danger — not by fault, but by exposure.
- Deviant Place Theory: This theory focuses on environment rather than behavior. It argues that being present in high-crime zones increases one’s likelihood of becoming a victim. Living near unsafe industrial zones or visiting isolated areas are simple examples.
- Routine Activity Theory: Cohen and Felson proposed that crime happens when three things align: a motivated offender, a suitable target, and no capable guardian. A phone left unattended in a café is the classic scenario — opportunity meets intent.
These theories don’t justify crime, but they help explain patterns and prevention — understanding how and where risks arise.
Legal Provisions and Compensation for Victims
India’s legal landscape for victims is a patchwork of statutes and schemes. Over time, courts and lawmakers have tried to knit them together into something resembling a real support system.
| Law / Scheme | Description |
|---|---|
| Bhartiya Nagarik Suraksha Sanhita (BNSS) | Section 396 empowers courts to grant compensation for injury or loss. States must create Victim Compensation Schemes (VCS) in coordination with NALSA to operationalize this. |
| NALSA and DLSA | NALSA designs national frameworks for legal aid and victim rehabilitation. The Compensation Scheme for Women Victims/Survivors of Sexual Assault and Acid Attack (2018) is one of its most impactful steps. At the district level, DLSAs ensure victims receive funds, medical help, and counseling. |
| Probation of Offenders Act, 1958 | Section 5 grants courts the power to order a released offender to pay compensation to the victim for loss or injury, and to cover the costs of the proceedings. |
| Motor Vehicles Act, 1988 | Section 166 allows injured individuals or legal heirs to file for compensation with the Claims Tribunal, which can award just compensation based on hearings or police reports. |
Special Focus: Acid Attack and Rape Survivors
Under NALSA’s 2018 scheme:
- Acid attack survivors receive ₹3–5 lakh.
- Rape survivors receive ₹4–7 lakh along with medical and counseling support.
In Nipun Saxena v. Union of India (2018), the Supreme Court directed every state to set up victim compensation funds — marking a turning point in recognizing victims’ financial and emotional needs.
Victim Support and Rehabilitation
Central Victim Compensation Fund (CVCF)
Created in 2015, the CVCF provides states with extra resources so victims don’t go uncompensated because of budget shortages. It’s a safety net for the safety nets.
Rehabilitation and Support Schemes
Money isn’t everything. Healing also means rebuilding lives.
- One Stop Centres (OSCs): Offer counseling, shelter, and legal assistance for women in distress.
- Swadhar Greh Scheme: Provides housing and vocational training for women who have nowhere else to go.
- Ujjawala Scheme: Rescues and rehabilitates survivors of human trafficking.
Technology and AI in Victim Support
AI is creeping into this space in interesting ways. Chatbots on government sites now guide victims through legal procedures. The Cyber Crime Portal lets people report offences without visiting a police station — crucial for victims of online harassment.
But there’s a risk: data privacy, algorithmic bias, and the coldness of automated systems. Technology can help, but it shouldn’t replace the empathy of a human listener.
Real-World Impact
When these schemes work, they change lives. Survivors get surgeries funded, education resumed, or simply the chance to live without constant financial anxiety. Still, access is uneven — rural victims often face endless paperwork and delayed payments. The intent is good; the execution still needs heart and urgency.
Analytical Reflection: Beyond Law and Into Humanity
The Victim–Offender Relationship
Victimology and restorative justice ask us to rethink the divide between “criminal” and “victim.” The two are often bound by the same social realities — poverty, addiction, inequality. Restorative justice brings them face-to-face, not to excuse the offender, but to make accountability personal. When an offender truly understands the human cost of their actions, punishment begins to have meaning. However, not every case suits this approach. Forcing reconciliation can reopen wounds. The process only works when both sides genuinely choose it.
Technology’s Expanding Role
Digital justice tools — e-FIRs, online compensation tracking, AI analysis — are transforming the landscape. They make support systems faster, at least on paper. Yet algorithms must remain transparent. A justice system guided by code but blind to context risks losing its soul.
Where India Stands
India has come a long way, but progress feels uneven. Legal reforms are ahead of ground realities. Victimology isn’t just a legal philosophy; it’s a shift in mindset — seeing victims not as passive recipients of sympathy but as active participants in justice. That cultural change will take time.
Conclusion
The story of victimology and restorative justice in India is still unfolding. From the CrPC to the BNSS 2023, and from NALSA’s compensation schemes to AI-based victim services, we’ve built a stronger framework than before — but gaps remain. True justice doesn’t end with conviction. It ends when the victim feels seen, supported, and safe again. Restorative justice doesn’t soften the law; it strengthens its humanity. Maybe, just maybe, that’s the kind of justice India has been reaching for all along.
