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PENOLOGY AND VICTIMOLOGY

UNIT - III
SYLLABUS
❖ Prison Reforms
❖ Alternatives to Imprisonment
❖ Victimology
● Introduction
● History and Philosophy
PRISON REFORMS
In India, prison administration is a state responsibility, governed by the Prisons Act of 1894 and
individual state prison manuals. The management of prisons falls under the State List in the
Constitution's Seventh Schedule, giving states the authority to modify prison laws and regulations.
Daily prisoner administration is based on principles from the Prisons Act 1894, Prisoners Act
1900, and Transfer of Prisoners Act 1950, with an Inspector General of Prisons overseeing affairs
in each state and territory.

‘Prison’ persons detained therein’ is a State Subject under Entry 4 of List II (State List) of the
Indian Constitution’s 7th Schedule. Prison administration and management are the responsibility
of the respective state governments. The Ministry of Home Affairs (MHA) has prepared the
‘Model Prisons Act 2023’ (Model Prisons And Correctional Services Act) that will replace a
British-era law, (the Prisons Act of 1894), to overhaul the prison administration that will focus on
the reformation and rehabilitation of inmates. The Model Prisons Act, 2023 serves as a guiding
document for states to adopt in their jurisdictions, with modifications as necessary

While the Central Government provides support for various prison improvements, the Supreme
Court has established 3 key principles regarding imprisonment and custody:

● a person in prison does not become a non-person.

● a person in prison is entitled to all human rights within the limitations of imprisonment.
● there is no justification for aggravating the suffering already inherent in the process of
incarceration. (no unnecessary suffering beyond the inherent limitations of imprisonment)

G. B Vold observed, “the rehabilitation activities of the modern prison are generally of two kinds,
namely (1) psychological and psychiatric treatment and (2) Educational or vocational training
programmes.

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EXISTING STATUTES THAT HAVE A BEARING ON THE REGULATION AND

MANAGEMENT OF PRISONS IN INDIA ARE:

❖ The Constitution of India, 1950

❖ The Indian Penal Code, 1860/ Bharatiya Nyaya Sanhita (BNS) 2023
❖ The Prisons Act, 1894
❖ The Prisoners Act, 1900
❖ The Identification of Prisoners Act, 1920
❖ The Transfer of Prisoners Act, 1950
❖ The Representation of People's Act, 1951
❖ The Prisoners (Attendance in Courts) Act, 1955
❖ The Probation of Offenders Act, 1958
❖ The Code of Criminal Procedure, 1973/Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023
❖ The Mental Health Act, 1987
❖ The Juvenile Justice (Care & Protection) Act, 2000
❖ The Repatriation of Prisoners Act, 2003
❖ Model Prison Manual, 2016
❖ Model Prisons Act, 2023
TYPES OF PRISON

Prison establishments in India comprise of 8 categories of jails. The most common and standard
jail institutions are Central Jails, District Jails and Sub Jails. The other types of jail establishments
are Women Jails, Borstal Schools, Open Jails and Special Jails.

Central Jails

● Central Jails are the largest and most common type of prison establishments in India.
● They are characterized by:
● Housing prisoners sentenced to long-term imprisonment (more than 2 years)
● Larger capacity compared to other jail types
● Availability of rehabilitation facilities
● Maharashtra and Tamil Nadu lead with 9 Central Jails each
● Karnataka, Bihar, Madhya Pradesh, Rajasthan, and Delhi follow with 8 each
● Some states and union territories, such as Arunachal Pradesh, Meghalaya, and several island
territories, do not have Central Jails

District Jails

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▪ District Jails serve as the main prisons in states and union territories without Central Jails.
Notable features include:
▪ Functioning as primary detention facilities at the district level
▪ Varying numbers across states
▪ Uttar Pradesh has the highest number with 53 District Jails
▪ Other states with significant numbers include Bihar (30), Maharashtra and Rajasthan (25 each),
and Madhya Pradesh (22)

Sub Jails

● Sub Jails are smaller institutions located at the sub-divisional level in states. Key points:
● Represent a well-organized prison system at lower administrative levels
● Capacity and number vary widely across states
● Maharashtra leads with 172 Sub Jails
● Other states with high numbers include Andhra Pradesh (96), Tamil Nadu (94), and Madhya
Pradesh (92)
● Eight states/UTs, including Arunachal Pradesh, Haryana, and Delhi, have no Sub Jails

Borstal Schools

▪ Borstal Schools are specialized detention centers for minors and juveniles. Their primary
objectives are:
▪ Ensuring care, welfare, and rehabilitation of young offenders
▪ Providing vocational training and education
▪ Emphasizing reformation and crime prevention
▪ These facilities are for juveniles and focus on rehabilitation and education.
▪ To ensure care, welfare and rehabilitation of young offenders in an environment which is
suitable for children and keep them away from the infecting atmosphere of the prison.
▪ Ten states, including Andhra Pradesh, Haryana, and Tamil Nadu, have Borstal Schools
▪ Tamil Nadu has the highest capacity, accommodating 667 inmates
▪ Only Haryana and Himachal Pradesh have facilities for female inmates in their Borstal

Open Jails

● Open Jails are minimum security prisons with the following characteristics:
● Minimum security prisons for well-behaved prisoners, primarily used for agricultural work.

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● House prisoners with good behavior who meet specific criteria

● Engage inmates in agricultural activities
● Fourteen states have functioning Open Jails
● Rajasthan leads with 23 Open Jails
● No Open Jails exist in any union territories
● The Supreme Court, in the Rama Murthy v. State of Karnataka case 1996, endorsed the
expansion of open jails. Various committees, including the All-India Prison Reforms
Committee in 1980, have recommended the establishment of open prisons across states.
● The National Human Rights Commission (NHRC) advocated the need for open prisons and
how they could solve prison overcrowding in several of its annual reports from 1994-95 and
2000-01.
● Open jails, based on the reformative theory of justice, focus on rehabilitating inmates rather
than solely punishing them. This approach emphasizes transforming prisoners into law-abiding
citizens through self-discipline and community integration.

Special Jails

▪ Special Jails are high-security facilities designed for specific types of offenders:
▪ House prisoners convicted of terrorism, insurgency, and violent crimes
▪ High-security facilities for serious offenders, such as terrorists and habitual criminals.
▪ Accommodate inmates who have committed serious violations of prison discipline
▪ Detain difficult discipline cases and habitual offenders
▪ Kerala has the highest number with 9 Special Jails
▪ Seven states, including Tamil Nadu, West Bengal, and Gujarat, have provisions for female
prisoners in their Special Jails

Women's Jails

Women's jails are exclusively for female prisoners, established to ensure their safety and staffed
by women. According to the 2022 Prison Statistics from the National Crime Records Bureau
(NCRB), out of India's 1,330 prisons, only 34 are designated as women's jails.

Other Jails

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Jails which do not fall under the above-mentioned categories then these jails come under the
category of other jails. Only three states have other jails. The name of these states is Karnataka,
Kerala and Maharashtra and each state has one other jail.

PRISON REFORMS IN INDIA

Colonial Era Foundations (1835-1947)

● TB Macaulay Minute (1835): Laid the foundation of the modern prison system in India.
● Prison Discipline Committee (1838): Recommended increased rigor in prison conditions,
rejecting humanitarian reforms.
● Central Prisons (1846): Established based on early committee recommendations.
● 1864 Second Commission of Inquiry into Jail Management and Discipline: Suggested
improvements in diet, clothing, and medical care for prisoners.
● 1877: Prison law & draft Bill
● Fourth Jail Commission (1888): Led to the Prison Act of 1894, which remains the basis of
current prison laws with minimal amendments.
● Indian Jail Committee Report (1919-20): Introduced the objectives of reformation and
rehabilitation for offenders.
● A Jail Reform Committee, 1946 was constituted in the year 1946 for the formation of the
jails. This committee gave the suggestions as:
a) The child offenders should be treated differently
b) Modern jails should be constructed
c) The classification of offenders should be scientific such as; Women offenders
Habitual offenders, Handicapped offenders.

Post-Independence Developments (1947-1980)

❖ Pakwasa Committee (1949): Recommended utilizing prisoners for labor on road work without
intense supervision and introduced wages for prison labor.
❖ Dr. W.C. Reckless Report (1951): A UN expert suggested transforming prisons into
reformation centers, leading to the revision of outdated prison manuals.
❖ In 1956 the punishment of transportation (Kala-pani) was substituted by the imprisonment for
life.

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❖ The Government of India appointed the All-India Jail Manual Committee in1957 to prepare
a model prison manual.
▪ The committee was asked to examine the problems of prison administration and to
make suggestions for improvements to be adopted uniformly throughout India.
▪ The report was presented in 1960, they not only enunciated principles for an efficient
management of prisons, but also lay down scientific guidelines for corrective treatment
of prisoners.
❖ Model Prison Manual (1960): Formulated principles for prison management, which
influenced later reforms and the need for a national prison policy.

Mulla Committee (1980-1983):

❖ All India Committee on Jail Reforms 1980-83 was constituted by the government of India
under the chairmanship of Justice Anand Narain Mulla.
❖ The committee suggested setting up of a National Prison Commission as a continuing body to
bring about modernization of prisons in India.
❖ The basic objective of the Committee was to review the laws, rules and regulations keeping in
view the overall objective of protecting society and rehabilitating offenders.
❖ It recommended a total ban on the heinous practice of clubbing together juvenile offenders
with hardened criminals in prisons.
❖ The Mulla Committee submitted its reportin1983.
❖ Recommendations of Mulla Jail Committee were as follows:
▪ Improved prison conditions (food, clothing, sanitation & ventilation etc).
▪ Establishment of an All-India Prisons and Correctional Service.
▪ The prison staff should be properly trained and organized into different cadres.
▪ The media and public men should be allowed to visit prison so that they may have first-
hand information about the conditions inside prison and be willing to co-operate with
prison officials in rehabilitation work.
▪ Lodging of undertrial in jails should be reduced to bare minimum and they should be kept
separate from the convicted prisoners.
▪ The Government should provide adequate resources and funds for prison reforms.
▪ Integration of rehabilitation and aftercare services into prison management.
▪ Speedy trials for undertrials, and better financial allocation for prison management.

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Krishna Iyer Committee: Women Prisoners and Later Reforms (1987-present)

✔ In 1987, the Government of India appointed the Justice Krishna Iyer Committee to undertake
a study on the situation of women prisoners in India.
✔ It has recommended increasing the number of women in the police force for handling women
and child offenders.
▪ Supreme Court Directions (1996): Ordered uniformity in prison laws and called for the revision
of prison manuals, leading to the Model Prison Manual 2003.

Model Prison Manual (2016): The latest comprehensive manual emphasizing:

● Prison computerization.
● Special provisions for women prisoners.
● Aftercare services.
● Prison staff welfare and training.
● Repatriation of foreign prisoners.

Open Prisons

Concept: Inspired by countries like Finland, open prisons are designed to integrate prisoners into
society gradually. They allow greater freedom for prisoners, improving their post-prison
reintegration.

Indian Example: Madhya Pradesh’s open prison in Hoshangabad allows prisoners to work during
the day and return at night, promoting their gradual adjustment to normal life.

Recent Measures by the Central Government

▪ 5th National Conference (2016): Adoption of new reforms emphasizing prison modernization
and better resource allocation for prison systems across states.
▪ Non-plan Scheme (2002-2009): Financial outlay of Rs. 1800 crore for prison improvements to
address overcrowding and prison capacity issues.

In Ramamurthy v. State of Karnataka, the Supreme Court has identified nine major problems
which need immediate attention for implementing prison reforms. The court observed that the
present prison system is affected with major problems of:
1. Overcrowding
2. Delay in trial
3. Torture and ill treatment
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4. Neglect of health and hygiene

5. Insufficient food and inadequate clothing
6. Prison vices
7. Deficiency in communication
8. Streamlining of jail visits and
9. Management of open-air prisons.
Sentencing and Custody

Shorter Sentences: Long-term sentences should be eliminated to reduce the burden on prison
expenditure. Offenders should be confined for the minimum necessary period.

Remission System: For sentences exceeding one year, a remission of one month per year should
be granted, allowing inmates to visit their hometowns and meet relatives. This aids in rehabilitation
and helps prisoners face the outside world more confidently.

Women Prisoners

✔ Current Situation: Women prisoners, especially those with children or victims of sex offences,
require sensitive handling.
✔ Separation from children and lack of special treatment hampers their mental health.
✔ More generous treatment, including frequent meetings with children
✔ Sympathetic handling of sex offenders and support for their illegitimate children
✔ Handling by women police or prison officials only
✔ Establishment of separate jails for women to provide specialized care and correctional
programs.
✔ Separate women's jails are not recommended due to high costs

Under-trial Prisoners

Current Situation:

▪ Not legally obligated to work, leading to unemployment and national waste.

▪ Many are engaged in prison services with no wages, only laboring diets.
▪ Recent reforms allow detention periods to count toward sentences, but this doesn’t encourage
voluntary work.
▪ Many under-trials face prolonged detention due to inability to afford legal representation.

Reform Measures:

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● A policy of persuasion to engage prisoners in work with proper wages.

● Provision of free legal aid to poor under-trials to reduce detention periods and potentially lead
to acquittals.

Peasant Class Prisoners

▪ Temporary 'ticket on leave' during harvesting season

▪ Maintains family unity and helps with post-release rehabilitation

Visitation and Communication

● Privacy During Visits: Allow more privacy during meetings with close relatives and friends.
● Liberalized Mail Rules: Reduce restrictions on postal mail to build trust between inmates and
prison officials.

Rights and Compensation

⮚ Provision for compensating wrongfully detained prisoners or those injured due to negligence.

Education and Vocational Training

● Enhanced Education: Expand beyond basic literacy, emphasizing vocational training.

● Correspondence Courses: Offer facilities for higher or advanced studies.
● Gender-Specific Training: Provide tailoring, doll making, and embroidery training for women
prisoners.
● Educated Prisoners: Engage well-educated inmates in mental cum manual work instead of
rigorous imprisonment.

After-Care and Rehabilitation

▪ Intensive 'After Care' program upon release

▪ Utilize non-penal institutions like Seva Sadans, Nari Niketans, and Reformation Houses for
rehabilitation.
▪ Rehabilitation focuses on reintegrating prisoners into society as productive members, reducing
criminal tendencies and recidivism.
▪ It involves educational and therapeutic interventions to restore offenders to a more positive
role in the community.
Public Perception and Media Access

❖ Change Public Attitude: Use media for publicity to create a sympathetic environment for
released prisoners.
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❖ Media Access: Allow media personnel to enter prisons to clear misunderstandings about prison
administration.

Legal Reforms

● Thoroughly revise and update the Prison Act, 1894, to reflect current socio-economic and
political conditions.
● These reforms aim to create a more humane, efficient, and rehabilitative prison system that
balances the needs of society with the rights and dignity of prisoners. Implementing these
changes could significantly improve the effectiveness of the correctional system and aid in the
successful reintegration of offenders into society.

Parole:

▪ Purpose: Parole allows selective, temporary release of prisoners to maintain family ties and
prevent the negative impacts of continuous prison life.
▪ It supports the rehabilitation process by offering prisoners a gradual reintroduction to society.
▪ The system needs to be strengthened to prevent misuse and ensure fair application.

Social Change and Attitude towards Prisoners:

❖ Need for Change: Society must shift its perspective on prisoners, focusing on their
rehabilitation rather than mere punishment.
❖ Prisons should act as reformative institutions, promoting correction rather than isolation.

Prisoners' Grievance Cell

A Prisoners' Grievance Cell, managed by a Petition Officer, addresses complaints promptly

through fixed and mobile complaint boxes accessible to inmates. Senior officers and jail authorities
regularly meet prisoners to listen to grievances and provide solutions effectively.

Community Participation

As a part of community participation in the reformation and social integration of prisoners after
release, a large number of respectable members of non-governmental organizations, retired Major
Generals, Eminent Psychiatrists, Psychologists, Principals and Teachers of various educational
institutions have been conducting various activities in the jail.

ALTERNATIVES TO IMPRISONMENT

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The major form of punishment in the modern era is imprisonment. In the early Middle Ages,
penance and fines were the main forms of punishment, but these were replaced by corporal and
capital punishment in the later Middle Ages. By the 17th century, imprisonment became the
dominant form of punishment. In the 18th century, with the decline in demand for labor and the
collapse of houses of correction, work in prisons became an additional punishment. The Industrial
Revolution left many impoverished, leading to increased crime and the widespread use of
imprisonment as punishment.

Toward the late 19th century, living conditions in Europe improved, crime rates declined, and
alternatives to imprisonment were explored. These included fines, short sentences, probation, and
conditional releases, marking a shift toward more rehabilitative approaches.

The main problem of prison administration has been related to prison overcrowding. Prisons in
most countries, including India, face dearth of resources to provide for proper accommodation,
health care and constructive activities for prisoners, leading to overcrowding and neglect of
schemes for reformation and offender rehabilitation. Prison overcrowding adversely affects the
justice system and has repercussions on the safety and health of society.

The primary goal of criminal law is to punish offenders, but judges face challenges in ensuring
proportionality, consistency, and fairness in sentencing due to their discretion and the diversity of
available sanctions. In India, sentencing objectives are only partially met due to disparities, as
outlined in Section 53 of the Indian Penal Code. This framework, rooted in colonialism, relies
heavily on incarceration, which originally emerged as a humane alternative to brutal public
punishments.

While imprisonment aims to incapacitate, deter, rehabilitate, and correct offenders, global prison
conditions have often mirrored oppressive historical practices, prompting reforms prioritizing
reintegration and rehabilitation. Prisons are plagued by overrepresentation of marginalized groups
based on class, caste, religion, or economic status, highlighting systemic inequities in laws.

The Indian Supreme Court has flagged human rights violations in prisons, including overcrowding,
trial delays, torture, poor hygiene, inadequate food and clothing, and lack of communication.
Ensuring basic rights, such as adequate living conditions and safety, requires significant resources,
and resource shortages often result in rights violations. The use of alternative punishments is
critical to address these issues.

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Alternatives to Imprisonment in India

India offers alternatives to imprisonment at three key stages: pre-trial, sentencing, and post-
sentencing, with various mechanisms designed to reduce prison overcrowding and promote
rehabilitation.

Pre-Trial Stage Alternatives

▪ Bail and Legal Protections

▪ Bail is a frequently used alternative to pre-trial detention1
▪ The Supreme Court has established a "bail not jail" rule
▪ Section 436-A of the Criminal Procedure Code allows undertrials to be released on personal
bond after serving half the maximum potential imprisonment period
▪ Other Pre-Trial Mechanisms
▪ Plea Bargaining: Introduced in 2006 for cases with maximum punishment up to seven years
▪ Free Legal Aid: Provided through the Legal Services Authorities Act to ensure justice for
economically disadvantaged citizens
▪ Compounding of Offences: Allows resolution of minor offences with court permission
▪ Diversion: Includes community-level resolution through village Panchayats and administrative
fines

Sentencing Stage Alternatives

▪ Non-Custodial Sentencing Options

▪ Monetary Penalties: Fines as an alternative to imprisonment
▪ Admonition/Discharge: For first-time offenders
▪ Probation: Rehabilitation through supervised community integration
▪ Community Service: Emerging alternative, particularly in states like Gujarat and Andhra
Pradesh

Post-Sentencing Alternatives

▪ Conditional Release Mechanisms

▪ Parole: Temporary conditional release for personal emergencies
▪ Remission: Sentence reduction for good behavior
▪ Temporary Release: Including work release and furlough
▪ Open Prisons: Providing rehabilitation with reduced restrictions1

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Key Objectives

▪ The alternative mechanisms aim to:

▪ Reduce prison overcrowding
▪ Promote offender rehabilitation
▪ Minimize stigmatization
▪ Provide more humane justice approaches

Challenges

▪ Inconsistent implementation across states

▪ Limited awareness among judicial officials
▪ Need for systematic reforms in existing legal frameworks

VICTIMOLOGY

The scientific study of crime victims is called, victimology, after Benjamin Mendelsohn who
coined the term in 1947. Benjamin Mendelsohn and Hans von Hentig contributed to the
development of victimology as an academic discipline. Victimology is a sub-discipline of
criminology that studies the relationship between victims and offenders, and the effects of crime
on victims and society. It places more emphasis on the victim than on the perpetrator, unlike
criminology, which focuses more on the offender. Victimology is the scientific study of
victimization, it includes the relationship between victim and the accused, the interaction between
victim and the criminal justice system i.e. the police and the courts and the correctional officials.
The term victim refers to a person who has suffered any loss or injury as a result of the actor
omission against which the accused person has been charged and the expression victims also
includes in itself the guardian or legal heir of a victim. The term victim in general parlance refers
to all those who experience injury, loss or hardship due to any cause and one of such causes may
be crime. Therefore, victimology maybe defined as a study of people who experience injury or
hardship due to any cause. It involves study of victim characteristic and maybe called victim
profiling.

Restorative Justice

The concept of restorative justice, which involves addressing the needs of victims and fostering
dialogue between victims and offenders, gained prominence as a way to promote healing and
reconciliation.

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International Recognition of Victim Rights

The United Nations General Assembly adopted the “Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power” in 1985, recognizing the rights of victims to justice,
restitution, and assistance.

According to Viano, there is a rather well-developed vocabulary in English connected with the
idea of victim:

▪ Victimhood: the state of being victim.

▪ Victimizable: capable of being victimized
▪ Victimization: the action of victimizing, or fact of being victimized, in various senses.
▪ Victimizer: one who victimizes another or others.

Victimology focuses on the victim’s relationship to the criminal. Hence, there can be two major
subareas of victimology.

⮚ The one relating to the scientific study of criminal behavior and the nature of the
relationships which may be found to exist between the offender and the victim
⮚ The other relating directly to the administration of justice and the role of system of
compensation and restitution to the victim.

The evolution of criminal law reflects a shifting focus from victims to offenders and back to
victims in modern times.

Ancient Period: Criminal law was victim-oriented, granting victims a dominant position. Even
acts like cutting sacred trees or harming animals were heavily penalized. Stephen Schafer termed
this the "Golden Age" of victims.

16th -17th Century: The industrial revolution, renaissance, and French revolution introduced the
"Adversarial System," marking a decline in the victim's role. Criminal law became offender-
oriented, neglecting victims' suffering.

20th Century Onward: Post-World War II, criminologists emphasized studying the criminal-
victim relationship. This led to global recognition of victims' rights, including the U.N. charter and
European conventions, prompting compensation laws. The victim's movement gained momentum
globally, with varying forms and approaches.

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1. What is Victimology?

⮚ Victimology is the science of victims and victimization.

⮚ It is study of crime from the point of view of the victim of the persons suffering from injury or
destruction by action of another person or a group of persons.
⮚ it is the scientific study of victimization, including the relationships between victims and
offenders, the interactions between victims and the criminal justice system
⮚ It may include other forms of human rights violations.
⮚ In the modern time, the concept of victimology includes any person who experiences injury,
loss or hardship due to any cause and one of such cause may be crime.
⮚ Therefore ‘victim’ refers to all those who experience injury, loss or hardship due to any cause.
⮚ Some kind of suffering, injury or harm caused by forces beyond victim’s control.
⮚ Main concern of victimology is to provide redress and to resolve the problems of crime victims.

The concept of the victim has its roots in ancient civilizations. In present-day society, the subject
of victimology has become a full-fledged subject and is closely related to criminology.

The word victimology consists of two words. One is the Latin word "victima" which means victim
and the other is the Greek word "logos" which means a system of knowledge.

Broadly speaking, victimology may be defined as a scientific study of victimization including the
relationship between victims and offenders, the interactions between victims and the criminal
justice system, that is, the police and courts, and correctional officials. It also includes connections
between victims and other social groups and institutions, such as the media, businesses, and social
movements.

However, the term victimology is not restricted to the study of crime victims alone but it extends
to other forms of Human Rights violations that are not necessarily crimes.

The term victim in general parlance refers to all those who experience injury, loss, or hardship due
to any course and one of such courses may be a crime. Therefore, victimology may be defined as
a study of people who experience injury or hardship due to any cause. Such injury or harm can be
physical, psychological, emotional, or financial. It therefore, follows that the victim of crime is the
person who has suffered at the hands of the perpetrator of a crime.
Victimology has now emerged as a branch of criminology dealing exclusively with the victims of
crime who need to be treated with compassion and rendered compassion and assistance under the
criminal justice system.
While criminology is concerned mainly with the causation of crime. Victimology is primarily
concerned with the study as to why people fall victim to crime and how they can be helped and
adjusted against abuse of power or criminal acts of offenders through access to the criminal justice
system.

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The study also outlines the steps to be taken to prevent victimization against crimes and provide
legal remedies to the victims of crime.

Thus 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.
Concept of Victimology
The main concern of victimology is providing redressal (compensation or remedy) and resolving
the problems of crime victims.

The broad contents of victimology may be stated as victimization, victim-offender relationship,

victim criminal justice perspective, victim and media, victim vis-a vis societal relations, victims
and cost of crime, compensatory redress for victims.

Victimization may be primary secondary or tertiary. However, it cannot be assumed that secondary
and tertiary victims necessarily are victims' Secondary and tertiary suffer less trauma than the
primary victims. But they may face the physical psychological and emotional pain similar to that
of the primary victim.

The study of victims of crime and specially the reasons why some people are more vulnerable to
victimization than others constitutes the core subject of victimology.

With the advance of victimological studies the theory of victim precipitation i.e. the victim's
interaction with an offender may contribute to the crime, came to be perceived as a negative
approach to victim because it only focus on how victims own contribution led to his or her
victimization. The theory is most commonly associated with crimes like homicide, rape, assault,
and robbery.

Therefore, most of the criminologist refuse to accept this theory as it being destructive in nature.
Marvin Wolfgang who proposed the theory of victim precipitation believed in the phenomena of
victim facilitation rather than victim blaming. He did not blame the victim but asserted that the
interactions of the victim make him or her vulnerable to crime. Thus the idea behind victim
facilitation is to study the elements that make victim more accessible or vulnerable to a criminal
attack.

Later Cohen and Felsoncame out with their Routine activities theory which presupposes that a
crime occurs when three conditions come together i.e., suitable target, motivated offender, absence
of security or parental care or guardianship.

Earlier when criminology was in its emerging stage victimology simply meant study of crime from
the perspective of the victim. Mendelsohn and VonHentig were the first to explore the possibility
of developing victimology as an independent branch of criminology and therefore they are
considered as the father of victimology.
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To begin with VonHentig concentrated on the study of behaviour and vulnerabilities of victims of
crime such as resistance of rape victims or victims of murder. He concluded that crime victims
were mostly depressive type who fell an easy target to crime due to their own carelessness.

One of the earliest victimologist, Stephen Schater concluded that there were victims who
substantially contributed to their victimization knowingly or unknowingly due to lack of care and
vigil.

Many victims face sympathetic treatment by the police, prosecutors and court officials which
further aggravates their woes.

Most of the courts do not allow the victim to present his/her civil claim along with the criminal
trial. Even if the offender is convicted and punished his punishment provides no relief to the victim
except mental satisfaction.
Some victimologists have just projected a view that when a crime takes place it has two partners
one the offender and second the victim who provides an opportunity to the criminal to commit the
crime.

The victim is a participant in the Penal Couple concept and therefore he or she should bear some
responsibility for the crime. But this view has also not been accepted by most victimologist just
because it is more or less similar to the theory of victims precipitation proposed by Mendelsohn
and Von Hentig (hapless dupes who instigated their own victimization) which stands completely
discarded in modern victimological studies.

It has now been universally accepted that the victim of a crime is an identifiable person who has
been harmed individually and directly by the perpetrator of a crime. However, there are certain
crimes such as White Collar crimes wherein victims are not clearly identified or not directly linked
to the crime but these crimes do affect society as a whole. Thus in such cases, society, in general,
becomes a victim to the unlawful activities of White-collar criminals. Other crimes in which
society itself is a victim are homicides, felonies, National frauds.
Historical Development of Victimology
Victimology may seem like a fresh concept to some. While it’s a somewhat new field in the grand
scheme of things, the term was coined in 1947 by Benjamin Mendelsohn—a French-Israeli
attorney who was intrigued by the relationship between criminals and victims.5
Ultimately, he identified six unique “types” of victims:
1. Completely innocent victim, or a victim who did not contribute to the crime and was
simply in the wrong place at the wrong time, or those who are victimized by nature of
who they are (such as a child, or an elderly adult).
2. Victims with minor guilt, or victims who have a hand in the crime in some way, such as
going to a nightclub notorious for conflict and violence.
3. Victim as guilty as offender, or victims who actively participated in the crime, like
aiding in a robbery.
4. Victims more guilty than offenders, or victims who “provoke” their own victimization.
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5. Most guilty victim, or the victim that’s harmed while committing a crime or as a result
of it.
6. Imaginary victim, or an individual who falsified their own victimization.

In ancient Babylon, the Code of Hammurabi contained provisions for compensation to be paid to
victims for certain offenses.
The concept of “eye for an eye” in various religious texts indicated a form of restitution for victims,
though it was often interpreted literally rather than as compensation for harm suffered.

In medieval England, victim compensation became an integral part of the legal system. The
principle of “wergild” allowed victims to receive financial compensation or restitution from
offenders or their families.

In the case of Sakshi v. Union of India, the in-camera trails were mandated by the Supreme Court
to maintain the dignity of the victims particularly in case of offences like rape and when the victim
is a child. In another case of Nirmal Singh Kahilon v. State of Punjab[19] the Apex court held that
victims of a crime are also entitled with the right to fair investigation, equally like the accused, as
provided by our Constitution under Article 21.

Supreme Court in the case of Bodhisattva Gautama v. Subhra Chakraborty observed that the
court also has the right to award interim compensation when trying offences of rape instead of
awarding compensation at the final stage. The accused can also be ordered to pay Rs. 1000/- as
interim compensation to the victims along with the arrears of the compensation from the date of
complaint.

In Dayal Singh v State of Uttaranchal: The criminal trial is meant for doing justice to all- the
accused, the society and the victim. The courts do not merely discharge the function to ensure that
no innocent man is punished, but also that the guilty man does not escape.

2. Role of Court
● The justice system is the mechanism that upholds the rule of law.
● Judiciary has played a vital role by giving various relevant directives inorder to give relief to
victims of crime.
● The courts are an impartial forum, and judges are free to apply the law without regard to the
government's wishes or the weight of public opinion.
● No place in the courts for suspicion, bias or favoritism.
● The Judiciary has played a vital role in protection of Human rights over the decades.
3. The National Human Rights Commission (NHRC)
⮚ Commission came into effect on 12 October 1993, by virtue of the Protection of Human Rights
Act 1993.
⮚ Well organised investigation division within the Commission.
⮚ The primary duty of this investigation division is to look into complaints received by the
Commission.
⮚ National Human Rights Commission V/s State of Arunachal Pradesh.
⮚ Rajib Basumatary V/s State of Asam
⮚ NHRC issues notice to UP Govt for refusing compensation to gang rape victim
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4. Victim and the Criminal Justice

Object of criminal justice is to ensure justice to the victims
• Criminal justice is the system of practices and institutions of governments directed at
upholding social control, deterring and mitigating crime, or sanctioning those who violate laws
with criminal penalties and rehabilitation efforts.
• The term ‘criminal justice system’ is used to describe all the different agencies and
organizations that are involved in law, order, crime and punishment.
• Victims of crime are subjected to secondary victimization from tiresome court proceedings,
police and investigation personnel.
• Justice Krishna Iyer: ‘the criminal law in India is not victim oriented and the sufferings of the
victim are overlooked in misplaced sympathy for the criminal’.
4.1 The Victim as Victim of the Criminal Justice System
Victim is the most disregarded participant in criminal justice proceedings.
4.2 Restorative Justice for Victims of Crime
It involves offender, the victim and the community as a whole and ensures balance between
offender’s punishment and protection of victim’s rights.
Compensatory relief to victim is the key feature of restorative justice system.
South Asian Society of Criminology and Victimology (SASCV) also give emphasis in restorative
justice.
The concept of restorative justice system contains four major themes such as restoration,
accountability, community protection and skill development
I. Restoration: The victim is restored to normal life in society by community’s restorative
efforts.
II. Accountability: It leads the offender to accept accountability for harmful consequences of
his criminal act on the victim.
III. Community Protection: It helps the victim in his return to normal life, forgetting the past
(victimization) and look for the bright future.
IV. Skill development: Vocational training provides opportunities for the offender as well as
victim to develop new skills which may help in his restoration and rehabilitation.
Emerging Trends and Policies
The U.N Declaration recognized four major components of the rights of victims of crime such as
access to justice and fair treatment, restitution, compensation and assistance.
Right to compensation to the crime victims
International Covenant and Political Rights 1966, indicates that an enforceable right to
compensation is conceptually integral to human rights.
Article 2 of the Covenant: victim of unlawful arrest and detention shall have an enforceable right
to compensation.

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Compensatory Provisions in Code of Criminal Procedure, 1973

Section 357 (1) and (3) of Criminal Procedure Code empower the trial court to award
compensation to victim of crime and similar power is conferred to the appellant and Revisional
court under sub section (4). The court has discretionary power to order the accused to pay
compensation to victim of his crime
‘Victim Compensation Scheme’.
compensatory relief to victims of unlawful arrest or detention by police without sufficient cause.
Compensation under Probation of Offenders Act 1958
Section 5 (1) of the Act contains provision for compensatory relief to victim of crime.
Section 3 and 4, may order the accused to pay compensation to victim
Compensation to Victim under Motor Vehicle Act 1988
Section 5: victims of vehicular accidents or their legal representatives in case of the death
of the victim to claim compensation from the offender. Power is vested with the trial court.
Compensatory Relief to Victims – Judicial Trend
Rudal Shah V/s State of Bihar
Justice V.Y Chandachud observed that a person is entitled to compensation for the loss or
injury caused by the offence, and it includes the wife, husband, parent and children of the deceased
victim.
Sarwan Singh V/s State of Punjab
the courts should take into consideration while ordering award of compensation capacity of the
accused to pay, nature of the offence and the nature of the injury suffered by the victims, overall
effect of crime on the victim’s family life and social life and emotional or financial loss caused to
him/her
Bhim Singh V/s State of Jammu and Kashmir (compensation for illegal arrest and detention)
Bodhisatva Gautam V/s Subra Chakraborty (Compensation to a victim of rape)
D.K Basu V/s State of West Bengal: Monetary and pecuniary compensation is appropriate for the
infringement of the fundamental right to life of a citizen by the public servants.
Delhi Democratic Working Women Forum V/s Union of India
Seven military jawans raped six village girls who were traveling by train.
Justice Malimath Committee Recommendations
❖ Constituted in November 2000 and it began work in January 2001.
❖ No death penalty for rapists, greater protection for witnesses, more rights for victims and the
enactment of a federal law to curb/control organised crime and terrorism
❖ Committee recognized the rights of victims and witnesses.
❖ Victim to participate in the trial for offences punishable with imprisonment of seven years and
above.
❖ Victim should have the right to protection and compensation.
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❖ Right of the victim to appeal against the order passed by the trial court should be further
extended.
❖ If the victim is dead, his legal representatives shall have the right to be impleaded as a party in
every criminal proceeding.
❖ Victim has a right to be represented by an advocate of his choice.
❖ An advocate shall be provided at the cost of the state if the victim is not in position to afford a
lawyer.
❖ Legal services to the victims in selected crimes may be extended to include psychiatric and
medical help.
❖ Victim’s compensation is state obligation in all serious crimes.
Victim’s right to participate in criminal trial shall include:
⮚ to produce evidence oral or documentary;
⮚ to ask questions to the witness or
⮚ to suggest to the court questions which may be put to witness;
⮚ to know the status of investigation;
⮚ To participate in negotiations leading to the settlement of compoundable offenses.
EUTHANASIA

1. Meaning

The phrase “euthanasia” was coined by Sir Francis Bacon. It is also called as ‘mercy killing’.
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering.

2. Euthanasia can be divided into 2 Types:

a) Active Euthanasia– where a person intentionally intervenes to end someone’s life with the use
of lethal substances or forces.

For example- Administering a lethal injection to end life.

b) Passive Euthanasia– where a person causes death by withholding or withdrawing treatment

that is essential to maintain life.

For example- stoppage of antibiotics treatment in certain cases where it is necessary for the
continuance of life, removal of life support system, etc

3. Euthanasia can also be divided as

Voluntary euthanasia

If someone makes a conscious decision to seek help with ending their life, it’s considered voluntary

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euthanasia. The person must give their full consent and demonstrate that they fully understand
what will happen.

Non-Voluntary Euthanasia

involves someone else making the decision to end someone’s life. A close family member usually
makes the decision. This is generally done when someone is completely unconscious or
permanently incapacitated. It usually involves passive euthanasia, such as withdrawing life support
from someone who’s showing no signs of brain activity.

Aruna Ramchandra Shanbaug v. Union of India

• Nurse at King Edward Memorial Hospital, Mumbai

• Raped and attacked as a result left in a vegetative state
• She was kept alive for 2 Years
• Her friend filed petition in the SC pleading it as violating her right to live with dignity and end
her life
• Though she died of pneumonia, Passive euthanasia was allowed

Broad Guidelines

• Decision to be taken to discontinue life support by parents or souse or doctors but in the best
interest of patient
• Requires approval of High Court
• CJ should constitute bench with at least 2 Judges and decide about the decision.3 Reputed
doctors to give report regarding conditions
• After hearing parties HC can give its verdict

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