Victimology A Sub-Discipline of Criminology

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VICTIMOLOGY A SUB-DISCIPLINE OF

CRIMINOLOGY
ABHIJITH HARINDRAN
17BLA1018
Victimology could be defined as science of crimes and their
victims; is a subdiscipline of criminology.

Very task of victimology is to make victim and offender as


‘penal-couple’ and victim is now no more a ‘forgotten-man’
rather stands at the centre stage of entire criminal justice
system.
If Criminology could in 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 science of crimes
and their victims
Victimology is the scientific study of victims of crimes, a
sub-discipline of criminology. It seeks to study the
relationship between victims and offenders; the persons
especially vulnerable to crimes and the victim’s placement
in the criminal justice system.
4 Theories of Victimology
● Victim Precipitation Theory
● Lifestyle Theory
● Deviant Place Theory
● Routine Activities Theory
According to victim precipitation theory, some people may actually initiate the confrontation that
eventually leads to their injury or death.

Some criminologists believe people may become crime victims because their lifestyle increases their
exposure to criminal offenders.

The more often victims visit dangerous places, the more likely they will be exposed to crime and
violence. Victims do not encourage crime, but are victim prone because they reside in socially
disorganized high-crime areas where they have the greatest risk of coming into contact with
criminal offenders, irrespective of their own behavior or lifestyle.

Routine activity theory, from Cohen and Felson (1979), emphasizes that crime occurs when three
elements converge: (1) a motivated offender, (2) a suitable target, and (3) the absence of a capable
guardian.
General characteristics among victim

1. The poor and ignorant and those who are


greedy are the victims of offences involving
fraud.
VICTIM
PARTICIPATION IN 2. The victim of larceny (theft) or
CRIME intoxicated or sleeping persons.
3. Wanton or sensual persons may become
victim due to situations precipitated by
themselves.
Mendelsohn 1. Completely innocent victim, e.g. children, person in
studied victim sleep.
on the basis of
their 2. Voluntary victim, e.g. who commit suicide.
contribution to
crimes and 3. Victims who are more guilty than the offenders, e.g. who
classified them provoke others to commit crimes.
into following
categories:
Persons needing *Elderly Victims
special attention
In western countries elderly persons tend to be in lower
income groups and have, therefore, needs special attention.
These factors may not be much relevant in traditional
countries like India where elderly people by and large, live
with their children and they do not generally have to face
any peculiar problems of physical insecurity. Even though
Indian Parliament have enacted legislation for protection of
old age persons in 2007, namely- “Maintenance and
Welfare of Parents and Senior Citizens Act, 2007.”
Child Victims
The problem requires attention regarding offences involving violence in general and sexual abuse
in particular.

They need special attention because inept handling by the law enforcement agencies may prove
to be even more damaging than the crime committed against the child.

Some special measure are, therefore called for which may do away with the appearance and
cross-examination of the child in the law court.

An innovation in this area has been introduced in Israel regarding the ‘Reception of the Evidence
Revision (Protection of Children) Act, 1955. The purpose of law is to protect the child from the
undesirable effects of testimony in the police station or the court.

Under this law a child is examined by a young “interrogator” who decides as to under what
conditions the child should, if at all, appear before the court.
Victim of Sex Offences
Offences against women in particular serious offences such as that of rape, have been
increasing everywhere including in traditional societies like India and greater attention is
now being given to the problem of victims vis-à-vis to the criminal justice system.

Perhaps this class of victims, irrespective of the age factor, deserves the maximum
consideration in view of the emotional, psychological and human problems involved.

The police and court proceedings may be as traumatic as the offence itself which led to the
proceedings. The feeling is almost universal among the victims that instead of being
treated as victims, they are treated by the police and law agencies as if they themselves are
the culprits.
Female Victims

In western society, the issue regarding criminality against women generally pertain to
and are confine to sexual offences but in Indian setting, women are exposed to gang
rape by police men or by dominant cast groups, sati, wife beating, prostitution and even
occasional witch-hunting.

Legislation exists but effective enforcement of the laws is not forthcoming.

Dowry death caused by the husband and in-laws of the helpless women, who are
unable to fulfill their husband’s or in-laws’ demand based on greed, are quite often
given the color of suicide.
Weaker section
Members of ethnic, religious or linguistic minorities in pluralistic societies may be especially
vulnerable to crime, in conflict resulting from socio-economic imbalance and political factors.

A number of caste and communal riots occur each year in the country and lead to the murder, rape and
looting of property on a large scale in which the main sufferers obviously are those belonging to
minority and weaker sections.

Hardly any administrative or legal action is possible and even lesser is the possibility of the
protection of victims and of punishment to the perpetrators of the ghastly crimes.
Concept of compensation to victim

It may be discussed under two heads-

• Traditional concept and

• Modern concept.
Traditional concept

“Ubi remedium ibi jus” principle was traditionally applicable for awarding compensation.
Almost in all primitive society the concept of true criminal law was unknown. Every
crime including murder could be paid for by way of pecuniary redress. Indeed every crime
was a civil wrong and not an offence against society at large.

Modern concept

“Ubi jus ibi remedium” principle is now applicable. Modern concept of compensation is
that no one should left without remedy.
In Sarvan singh v/s State of Punjab

it was said by the court that in awarding compensation the court should just consider what
compensation ought to be awarded to the heirs of the deceased and then impose fine which is higher
than the compensation. The court laid down that the amount of fine should be determined on the basis of
various factors including the nature of crime, number of injuries and the paying capacity of the offender.

In Mohammed Shah v/s Emperor

the offender was awarded one years’ imprisonment and a fine of Rs 500 out of which Rs 400 was
awarded to the heirs of the victim. The judicial attitude is, however, reflected somewhat differently in

Guruswami v/s State of T. N.

it was held that in a case of murder it is only fair that proper compensation should be provided for the
dependents of the deceased.
A perusal of a subsequent case, Baldev Singh v/s State of Punjab also indicates that quite
often Supreme Court prefers to substitute a severe punishment given to offender in award
of compensation to the victim in death resulting due to family feud.

Dr Jacob George v/s State of Kerala where a homeopath attempting to procure an


abortion by operating upon a woman caused her death, the Supreme Court reduced the
imprisonment to the two months already undergone. The fine imposed upon the petitioner
was increased from Rs 5000 to one lakh required to nurse the child of the deceased
reasonably well.
The Probation of offenders Act,1958

The Motor Vehicles Act,1939

Fatal Accident Act, 1955

Indian Railway Act, 1890

Workmen’s Compensation Act,1923

Article 21 of the Constitution of India

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