Introduction
As one of the rapidly growing branches of criminology, victimology holds significant place in the matter of victim rights, psychological impact, and rehabilitation within the criminal judicial process. For ages, justice was soley based on the rights of the offender , suitable punishment and deterrence were prioritised as the primary goals of justice, a dynamic shift of the society demanded a broader focus.
It became very mandatory to disclose and upbring the injustice suffered by victims of a crime, and the transition from offender-oriented justice to victim-focused justice is the culmination of decades of criminological progress on justice system and provided support to many theories of victimology.
In my sight, victimology has the unique capablity to transform the perception of justice. It is the fusion of the legal and affective aspects of law and justice, and the first step in restoring the humanity back to the legal justice system. It regards the victim not as a passive entity, but as part of active engagement in the process of justice. From this view, any individual can fully admire the legal, technological, and socio-economic aspects of justice as a well balanced structure of justice system in India.
Concept And Scope Of Victimology
Victimology is the study of crime victims, their interactions with perpetrators, their mental state and its impact on the society. It covers the psychological, social, and legal dimensions of victimization. The term was first introduced by Benjamin Mendelsohn,aka “Father of Victimology,” who advocated in examining the victim’s part in consequence of the crime.
Key Elements Of Victimology
- Study of crime victims and their experiences
- Interaction between victims and offenders
- Psychological impact on victims
- Social and legal aspects of victimization
Victimology does not merely providing compensation to the victim but also provides the restitution of their rights affected due to the offence occured. It touches the prevention, restorative healing, and the support and restorative frameworks active victims and survivors of crime. Victimology, within our criminal justice system, finds the state recognition of the trauma unapologetically inflicted on the victim and legal provisions for remediation of the trauma. Victimology as a branch, rests the ability to draft and design legislation that is humane.
Victimology, in the contemporary legal landscape, is indicative of the discipline’s evolution. It restablishes the justice beyond punishment, arguing for restorative, integrative, and merciful justice order for victim welfare. Victimology is a discipline in, and for itself and is a subdivision of study that effects many different legal disciplines. It is a relatively novel branch introduced to promote the rights of victims.
| Traditional Criminal Justice Focus | Victimology Focus |
|---|---|
| Punishment and deterrence | Victim rights and rehabilitation |
| Offender-centered justice | Victim-centered justice |
| Maintenance of public order | Restorative healing and support |
| Crime seen as offence against the state | Crime seen as trauma suffered by victims |
Significance In The Criminal Justice System
The incorporation of victimology in criminology demonstrates a more sophisticated approach to the criminal justice system. In comparison to the past, in which the criminal justice system only focused on the offender and the public order, the system now considers the victims, emotional and social damage through the crime caused. Therefore, delivering justice more satisfactorily.
The importance of victimology has developed in India, as analised through the legal system’s focus on supporting and developing rehabilitation, compensation, and mental health initiatives. Justice is now seemed to be more and more grounded in empathetic reality, leaving the stark legal principle of the “crime against the state.”
Theories Of Victimology
Watching for the reasons behind victimization and the possible solutions to the victims are indirectly associated with the crime inspired through the building of several responsible theories on victimology. These theories are crucial in understanding criminal patterns and developing strategies focused on crime prevention.
Victim Precipitation Theory
According to this theory coined by Marvin Wolfgang, there are the times, in which the victim either by his actions or behavioral pattern is responsible for the occurance of the crime. The victim in cases involving aggressiveness and provocation might react in such a way that results in criminal offenses. This theory must be carefully exmined and is not intended to justify the criminal’s actions, but rather to show the possibility of the crime to occur.
Lifestyle Theory
This theory says that the factors like an individual’s mode of living or lifestyle exposes that person to greater chances of victimization. A person whose habits are such that he often visits unsafe localities associated with unsafe groups is more exposed to greater danger than he would be if his habits were something else. This is a theory which shows the necessity for the study of the situational danger and the need for social education.
- For instance, the victims of the crimes of cyber fraud or scam are often victims of this type of crime because they lack the knowledge or education as to safe practices where they are concerned especially in cyber scape and social media platforms.
Deviant Place Theory
This was promulgated by Amos Hawley and it says that there are certain geographical localities which afford greater amounts of crime (abandoned places). The victim who lives in or travels in the areas of these localities are consequently at greater risk of being victimized, regardless of their manner of living. This is a theory which points out the need for local community preventive measures and greater police protection and safegraund measures in the localities where crime is more prone.
Routine Activity Theory
Cohen and Felson formulated this theory which says that when a motivated offender finds a suitable/weak target in the absence of capable guardians converge commits the crime . This theory applies to urban and cyber conditions in particular, under where absence of surveillance or security creates vulnerability for victims.
- For example, absence of cyber security such as two faced authentication etc allows easy targets for offenders committing computer-type crimes.
Together these theories set a broader understanding of victimization and provides the preventive and rehabilitative measures.
Legal Provisions For Compensation To A Victim
Victim compensation has been actively adopted into the law of India through various statutes and judicial precedents. Such provisions ensures that victims would be protected financially and will be psychologically supported during and after a trial.
Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS)
Section 395 and Section 396 of the BNSS confer power to the Courts to direct compensation to be paid to victims of crime. Section 395 allows compensation to be paid from the fine imposed on the offenders, while Section 396 requires that State Governments should establish schemes for victim compensation in consultation with Legal Services Authorities. This provision would mark a shift from a state-centric approach to a victim-centric one.
NALSA and DLSA
Regarding the administration of compensation schemes, the National Legal Services Authority (NALSA) aims to aid and bring uniformity in policies relating the grant of compensation. The District Legal Services Authorities (DLSA) helps victims to file applications and secure certain reliefs. They are provided with the assistance of medical and psychological professionals.
Probation Of Offenders Act, 1958
This Act directs the courts to issue directions in case of offenders placed on probation, payment of compensation to the victims. The primary aim of the provision is rehabilitation of offenders and in pursuance thereof, it is said that compensation should be paid. This is general provision for criminal offences and the specific emphasis is on repairing the harm inflicted on the victim rather than punishing the offender.
Motor Vehicles Act, 1988
Sections 140 and 166 of the Motor Vehicles Act sets down the compensation to the victims of road accidents. The law lays down that during the course of the accidents, if no fault is proved, then by statutory implication, no fault is attributed then the heirs of victim or victim independently gets the compensation. It is a kind of relief to meet immediate needs for compensation through the agenda of no fault liability.
Bharatiya Nyaya Sanhita (BNS) 2023
The BNSS 2023 retains and reinforces provisions regarding compensation to victims under Section 394. It provides the victim’s direct involvement and participation during the course of trial and procedure adopted by modifying the scheme of CrPC and gives the required information to the victims about the case which is a step towards transparency and inclusion.
Special Compensation Schemes
Special schemes have been issued for survivors like the victims of acid attacks and victims of rape. The Compensation Scheme for Women Victims/ Survivors of Sexual Assault/Other Crimes, 2018, extends financial assistance, free medical treatment and rehabilitation. The Courts have upheld the right to compensation as a constitutional right under Article 21 of the Constitution, which gives right to life and dignity.
- Laxmi vs Union of India (2014) – Government liable to provide medical treatment and compensation to acid attack victims.
- Nipun Saxena vs Union of India (2019) – Supreme Court targeted on the core of a fixed compensation to rape victims across the country.
Victim Support And Rehabilitation Measures
The switch from victimhood to rehabilitation is a lengthy and arduous requiring institutional support. Rehabilitation is not merely financial but also physical, emotional and social on reintegration.
Central Victim Compensation Fund (CVCF)
Facilitated by the Ministry of Home Affairs, the CVCF endows financial assistance to victims of rape, acid attack, trafficking etc. It is launched as a comprehensive scheme which will add on to the state schemes for compensating victims.
Rehabilitation Measures
Rehabilitation is psychological counselling and vocational training for the victims, in order to inaugurate confidence and independence in them. Shelters and crisis centre are also granted as homes for women and children in need of emergency support due to domestic violence and trafficking.
Examples of Rehabilitation Schemes:
- Ujjawala Scheme – Housing, counseling and skill development offered to victims of trafficking.
- Swadhar Greh Scheme – Dedicated to women in distress where facilitation of long term rehabilitation is ensured.
Role of Technology and AI in Victim Support
Overview
- Technology has realigned victim support systems. AI-based tools are now available to identify needy persons, providing online counselling and predicts potential threats of victimisation.
- The use of technological tools facilitates prompt lodging of complaints and tracking of cases, therefore, lessening the procedural delays.
Example: MyGov Saathi
For instance, AI-based tools such as MyGov Saathi help victims in gaining information regarding legal aid and welfare schemes.
Concerns and Ethical Balance
- However, the use of technology poses certain cons in the field, especially in terms of data privacy, informed consent and wrongful usage of personal data.
- It becomes imperative that a balance is resorted between the pace of innovation and ethical responsibility, we find ourselves at the hands of technology which will not empower but may exploit the victims.
Analytical Insights and Personal Perspective
- The relationship between the victims and offenders is a tangled affair. In old days, the management was to punish the offenders but in modern day approaches, it attempts reconciliation and restoration as well.
- The use of mediation and speedy trials is a consequence of such an approach.
- For my part, the use of technology has become a boon or a curse. Agreeing that on the one hand, it empowers victims, where it gives them an access to support and get legal aid, but on the other hand, we have new forms of victimization as in the case of cyber-stalking, blackmail, online harassment etc.
- Thus, the law requires to be modified to meet the challenges posed by this technological advancement and to afford reasonable protection.
- Victimology teaches that justice is not a fixed term. It necessitates compassion, a steady growth in learning, and alternate accepts on a system-wide basis.
- If victims are part of the voice in policy-making, judicial proceedings, and technical development, then this is the sign of a strong step forward in our justice systems.
Conclusion
The branch of victimology indicates the meaning of justice that lies in its power to reshape. It is the connection between law, psychology, and sociology that will bring dignity and hope to individuals who have been victims of crime. The statutes and precedents are bending towards the victimology encouraging compensentation,witness protection, counselling and victim participation in judicial trails.
In my view, victimology is the heart of justice which listens, learns and heals. It serves real justice where not merely the offenders are punished, but also the victims are able to come with their problems, are empowered, and secure a productive place in the society. It ensures the empathy and reforming the policies for victim welfare and support in fighting their battles.
