Victimology
Victimology may be defined as the scientific study of victimization, including the relationship between victims and the criminal justice system (i.e., police, courts, and correctional officials). It also includes connections between victims and other social groups and institutions such as the media, business, and social movements.
The term ‘victim’ in general parlance refers to those who experience injury, loss, or hardships due to any cause, and one such cause may be crime. Such injury or harm may be physical, mental, financial, or emotional.
Theories of Victimology
- Victim Precipitation: This theory can be perceived as a negative approach to victims because it only focuses on how the victim’s own contribution led to their victimization.
- Three-Model Theory (by Benjamin Mendelsohn):
- In terms of time and space: the victim being in the wrong place at the wrong time.
- Attracting factors and lifestyle create a fertile ground for crime.
- Pre-disposing factors such as being too young, too poor, a minority, unemployed, etc., may lead to victimization.
- Routine Activities Theory (by Cohen & Felson): This theory presupposes that a crime occurs when three conditions come together:
- A suitable target
- A motivated offender
- Absence of security, guardianship, or parental care
Classification of Victims
Victims of Crime
- Victims of injury to persons or property (e.g., murder, dowry death, grievous hurt, dacoity, robbery, assault)
- Victims of environmental offences (e.g., gas leakage, river pollution)
Victims of Abuse
- Third-degree methods
- Custodial torture or death
- Hospital victims
- Custodial rape
- Groundless arrest
Impact of Victimization
Primary Victimization
- Physical Impact: Victims may experience physical reactions like hypertension, increased heartbeat, or grief. Injuries may be apparent or emerge later. Knife or firearm injuries are often fatal. Some injuries may have permanent effects.
- Financial Impact: This may include:
- Medical treatment costs for injuries
- Damage to property or possessions
- Litigation costs
- Employment loss or reduced earnings
- Funeral or burial expenses (if applicable)
- Psychological Impact: Reflected in behavioural responses such as increased alcoholism, excessive drug use, social withdrawal, or avoidance of people.
Besides physical and financial impacts, marital and familial relationships may also suffer, especially for women who are rape or sexual offence victims. This can result in serious consequences, including the destruction of settled family life.
Secondary Victimization
Victims may experience institutionalized victimization when their human rights are denied due to manipulated evidence in courts or delayed medical care by hospitals until police intervention.
Social attitudes can also cause victimization—relatives, friends, and neighbors may blame the victim rather than support them.
Victims of collective violence (e.g., riots, bomb blasts, terrorism) often suffer ongoing trauma beyond primary and secondary victimization, affecting their families long-term.
Victimology & Compensation
Compensatory Relief to Victims
The legislative framework for compensatory relief in India is found in the BNSS, the Probation of Offenders Act, 1958, and the Motor Vehicles Act, 1988.
Compensation under BNSS
- Section 395: Courts may order compensation for loss or injury caused by the offender.
- Section 396: State governments, in coordination with the central government, must prepare schemes to fund compensation for victims.
Compensation under the Probation of Offenders Act, 1958
Section 5(1) allows courts to order the offender (released under Sections 3 or 4) to pay reasonable compensation for loss or injury to the victim.
Compensation under the Motor Vehicles Act, 1988
Victims of vehicular accidents or their legal representatives (in case of death) may claim compensation from the offender under Section 2 of the Act.
Case Law: Sarwan Singh vs. State of Punjab
The Supreme Court enumerated the factors to consider when awarding compensation:
- Offender’s capacity to pay
- Nature of the offence and injury caused
- Overall effect on victim’s family and social life
- Emotional and financial loss
The Court held that the quantum must be reasonable and based on the circumstances. The accused must be given reasonable time to pay and may be permitted to pay in instalments.
