Changing Aspects of Victimology: From Compensation to Digital Rehabilitation

Preface

Over the last few decades, the field of victimology has changed a lot. Initially limited to the singular concept of financial compensation, it has now developed into a multidisciplinary framework that includes legal, psychological, and technological aspects of victim support. This project, called “Changing Aspects of Victimology: From Payment to Digital Rehabilitation”, wants to look into this changing landscape in the context of modern criminal justice systems.

The project looks at the change from old ways of making restitution that were mostly about money to new, technology-based ways that focus on helping victims get better, feel empowered, and rejoin society. It shows how new technologies like artificial intelligence, digital reporting tools, and online support systems are changing the very basis of victim assistance and restorative justice.

This work seeks to reconcile the disparity between theoretical frameworks and practical applications in victimology through a comprehensive analysis of legal statutes, judicial precedents, and innovative technological interventions. It aims to add to the ongoing conversation about how to make the justice system more humane, open, and effective, where victims are not just passive recipients of help but also active participants in their own recovery.

This project is a serious academic effort on my part to understand and show how victim justice is changing in India and other places. I hope it will make people more aware of victim-centered approaches in law and policy.

Introduction

Victimology, as both an academic and practical field, arose from the understanding that crime impacts not just the offender but also the individual who experiences its direct repercussions — the victim. Conventional criminal justice systems frequently positioned the offender as the focal point of legal proceedings, leaving victims marginalized.

Modern jurisprudence emphasizes a victim-centric scheme that aims to achieve justice through compensation, rehabilitation, and empowerment. The evolving jurisprudence in India, as shaped by the Constitution, criminal procedure, and welfare legislation, has increasingly emphasized the importance of victim participation and restoration. Advancements in technology, particularly in artificial intelligence (AI), have concurrently created new opportunities for improving victim support and facilitating access to justice.

Definition, Scope & Significance of Victimology

Victimology is the scientific study of victims of crime — their connection with perpetrators, the criminal justice system, and society. According to Benjamin Mendelsohn (the “father of victimology”), it is “the study of the victim’s role in the genesis of crime and the interaction between victims and offenders.” In simplest terms, victimology tries to comprehend the experiences, rights, and remedies of victims and the societal systems that can restore their dignity.

Scope of Victimology

• Understanding victim-offender relationships and behavioral patterns.
• Developing compensation and restorative justice mechanisms.
• Designing policies for victim protection and rehabilitation.
• Integrating psychological, social, and technology techniques for victim aid.

In the Indian criminal justice framework, victimology has gained significance through judicial interpretations in cases such as Ankush Shivaji Gaikwad v. State of Maharashtra and Nipun Saxena v. Union of India, emphasizing the victim’s right to fair compensation and participation in justice processes.

Theoretical Foundations of Victimology

1. Victim Precipitation Theory (Marvin Wolfgang, 1958)

Idea: According to the victim precipitation theory, the victim’s own conduct or deeds may sometimes have had a role in the crime’s commission. This suggests that the victim’s actions may have precipitated or impacted the offender’s actions, but it does not suggest that the victim is accountable for the crime.

Example: In a scenario of road rage where verbal provocation develops into physical assault, both sides may share causative culpability.

Application: When both parties have a history of connection or conflict, this idea is often examined in murder and assault cases. It acknowledges that reciprocal exchanges, as opposed to one-sided violence, may sometimes lead to criminal activity.

Criticism: The theory has drawn criticism for having the tendency to “blame the victim,” particularly in cases of domestic violence or rape. This idea is used carefully in modern victimology, emphasizing behavior patterns for prevention rather than defense.

2. Lifestyle Theory (Hindelang, Gottfredson, Garofalo, 1978)

Idea: According to the Lifestyle Theory, a person’s regular activities and way of life have a direct impact on their risk of being a victim. Some lifestyle choices put individuals at more risk because they put them in dangerous situations or enhance their interaction with possible criminals.

Application: This theory aids criminologists and legislators in identifying populations who could need more protection, such as migratory workers, single students, or those employed in high-risk professions (such as cab drivers or medical personnel).

Critique: Although it offers helpful insights on prevention, others contend that it might stigmatize victims by suggesting that their victimization is due to their lifestyle choices. Therefore, it has to be balanced with socioeconomic and structural study.

3. Routine Activity Theory (Lawrence Cohen and Marcus Felson, 1979)

Concept: Crime happens when three factors combine:

• A motivated offender willing to commit a crime
• An appropriate target (someone or something vulnerable)
• The absence of an effective guardian (e.g., witness, CCTV, police presence)

Example: In a cybercrime scenario, a hacker (motivated offender) could take advantage of a machine (appropriate target) that isn’t monitored (guardian absent) or has no antivirus software installed.

Application: Many modern crime prevention strategies, such as neighborhood watch initiatives, enhanced surveillance, and cybersecurity safeguards, are based on this principle.

Critique: While useful, it ignores socioeconomic or psychological factors that contribute to crime and oversimplifies the reasons for criminal behavior.

Collective Significance of Theories

Together, these views stress that abuse is not simply a matter of bad luck. It comes from a mix of human behavior, external contact, social structure, and situational chance. Understanding these ideas helps law enforcement agencies, lawmakers, and victimologists create focused prevention and recovery strategies.

In modern victimology, these traditional theories are also being reviewed in light of technological crimes — where “digital environments” and “virtual lifestyles” impact victimhood trends just as physical settings once did.

Statutory Framework for Victim Compensation

The inclusion of victim compensation provisions in the Code of Criminal Procedure (CrPC) is one of the most important changes in this area. Section 357 gives courts the power to order that part of an offender’s fine be used to pay for the victim’s damages.

The CrPC Amendment Act of 2008 added Section 357A, which required every State Government to work with the Central Government to set up a Victim Compensation Scheme (VCS). The District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA) decides how much money to give to the victim based on the crime and the damage or loss they suffered.

In the case of Ankush Shivaji Gaikwad v. State of Maharashtra (2013), the Supreme Court said that courts must always think about compensation in criminal cases, even if the victims don’t ask for it. This decision was a big step toward restorative justice because it recognized the victim’s right to reparative measures.

Also, Section 5 of the Probation of Offenders Act, 1958, gives courts the power to make offenders pay victims for their crimes while they are on probation. This makes sure that offenders are reformed while also making victims whole.

Other Relevant Laws

• Sections 161–163A of the Motor Vehicles Act, 1988 ensure that accident victims receive compensation under the principle of “no-fault liability.”
• The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 retains and strengthens victim-friendly mechanisms such as Section 532.
• The BNSS also emphasizes digital systems for disbursing and tracking compensation, ensuring transparency and efficiency.

Central And State-Level Rehabilitation Initiatives

The Ministry of Home Affairs set up the Central Victim Compensation Fund (CVCF) in 2015 to give States extra money to help victims of terrible crimes like rape, acid attacks, and human trafficking. The fund ensures uniformity in compensation and supports States with limited fiscal capacity.

Beyond financial relief, rehabilitation is recognized as a crucial component of justice. Various government initiatives focus on holistic rehabilitation, including physical, emotional, and social recovery. Schemes like Ujjawala (for trafficked women and children) and Swadhar Greh (for victims of domestic violence) offer:

• Shelter and safe accommodation
• Medical care and psychological counseling
• Legal assistance and vocational training

The establishment of One Stop Centres (OSCs) across India provides integrated services—medical aid, psychological counseling, legal advice, and temporary shelter—to victims, particularly women, under one roof. Legal services authorities, in collaboration with NGOs and social workers, play a vital role in providing psychological rehabilitation and community reintegration.

Such approaches reflect a restorative philosophy—aiming not merely to compensate victims but to rebuild their sense of dignity, security, and empowerment.

Role Of Technology And AI In Victim Support

The integration of technology has revolutionized the mechanisms of victim support and access to justice. Digital platforms and artificial intelligence tools are increasingly utilized to ensure timely assistance, transparency, and data-driven monitoring.

Digital Tools For Access To Justice

• Online FIR systems, e-courts, and digital portals enable victims to report crimes and track case progress efficiently.
• Platforms like Nyaya Bandhu, MyCounsel, and the Cyber Crime Reporting Portal provide real-time legal and psychological assistance to victims, particularly in remote areas.

AI Applications In Crime Analysis

• AI-based applications assist in analyzing crime patterns, identifying high-risk zones, and predicting potential victimization, thereby contributing to preventive justice.
• Machine learning tools facilitate the automation of victim compensation disbursal and monitoring, reducing bureaucratic delays.

However, these advancements are not without ethical challenges. Concerns about:

• Data privacy
• Algorithmic bias
• Emotional insensitivity in AI-based interactions

highlight the need for human oversight and empathy in technological interventions. A balanced approach that combines digital efficiency with human compassion is, therefore, essential to avoid secondary victimization.

Challenges And Practical Limitations

Despite significant progress, several challenges persist in the effective implementation of victim compensation and rehabilitation frameworks.

Key Challenges

• Inadequate awareness among victims
• Bureaucratic hurdles and delays in fund disbursal
• Disparities in compensation amounts across States
• Lack of coordination between agencies

Many victims, especially in rural areas, remain unaware of their right to compensation or the procedures to claim it. Furthermore, disparities in compensation amounts across States and lack of coordination between agencies hinder uniform justice delivery.

Suggested Improvements

• Promoting accountability within institutions
• Enhancing digital literacy among victims
• Strengthening inter-agency coordination for faster disbursal

Such measures can significantly improve access to justice and ensure that victims receive the support they deserve.

Towards A Restorative And Digitally Empowered Justice System

The development of India’s victim compensation and rehabilitation framework represents a major shift from punitive justice to restorative justice. The focus has shifted beyond mere monetary relief to comprehensive rehabilitation and empowerment of victims.

The inclusion of technological tools has further enhanced affordability, efficiency, and transparency in delivering justice. However, the success of these reforms ultimately depends on the sensitivity and flexibility of implementing authorities.

True justice lies not only in punishing offenders but also in restoring victims’ dignity, mental well-being, and social integration. The modern understanding of victimology, therefore, calls for a blend of legal, social, and technological measures—transforming the system from one of retribution to one of healing and empowerment.