Human rights exist in every civilization and have been recognized on a global scale. Individuals in India have fundamental rights, which are guaranteed by the country's constitution, which is deeply anchored in human rights.
Victimology originated in the twentieth century around the end of World War II, when certain criminologists set out to in a better way comprehend the relationship between the criminal and the victim in order to grasp and gain better knowledge of a crime's origins and consequences.
Control and prevention of crimes, punishment and rehabilitation of criminals, and protection of individuals and their property are some of the acknowledged principles of India's criminal justice system, which is based on the British model. Many governments around the world have understood the importance of providing aid and resources to crime victims, resulting in a shift in their approach to dealing with them.
Nonetheless, in India, victims are still viewed as mere witnesses for the sake of prosecuting and punishing the perpetrators. As a result, they are denied their rights.
When a crime is committed, there may be a large number of perpetrators, victims, and criminal justice administrators, also known as crime investigating officers. The offender is the person who commits the crime, and his or her actions are influenced by a variety of causes and circumstances. The victims are individuals who suffer physical, social, financial, or emotional hurt or suffering that must be immediately redressed by giving them with simple access to justice, and the criminal justice system is made up of the justice provider and those involved in the process for rendering justice. Basically the criminal justice system is a procedure established by governments in order to suppress crime by penalizing and punishing those who break the law, the rules and regulations.
Unfortunately, in India, victims' privileges and rights are not regarded as major part of the criminal justice system.
CONCEPT OF VICTIM AND VICTIMOLOGY
Victimology is the scientific study of victimization, including victim-offender connections, investigators, courts, corrections, the media, and social revolutionary movements.
Victimology, unlike criminology, takes a more comprehensive approach, identifying structural injustices that might drive victims to become offenders. It also serves to lessen the risk of perpetrators committing additional crimes by causing them to reconsider the people they may otherwise victimize
The term "victim" is defined in Indian law under Section 2(wa) of the CrPC, 1973 as "any individual who has incurred any loss or injury as a result of the act or omission for which the accused person has been charged," and "victim" includes the accused person's guardian or legal successor."
Victimology is also the study of the procedures that should be followed to prevent vicitimization and provide legal recourse to crime victims. The effect of Victimization of crime victims increased criminals' attention. international law jurisdictions, and they were confident that Victims must be treated with compassion and decency, and their families must be supported. Fundamental rights must be safeguarded and upheld.
Victim's predicament in India
The above-mentioned statutes provide compensation to victims of crime for the losses they have experienced. Defending citizens and their property against all forms of harm is seen as the state's principal aim under the System of Criminal Justice. As a result, the state fulfils this responsibility. by making sure that civilians do not take the law into their own hands suit their needs. When a crime is committed against society's norms and beliefs, the state becomes a victim in the process of pursuing and punishing the perpetrator.
When a crime is committed against society's norms and beliefs, the state becomes a victim in the process of pursuing and punishing the perpetrator. Justice in Criminal Cases .The focus of the system is on the offence, the criminal, the case trial, demonstrating the offender's guilt, and imposing punishment. After The victims are testifying as witnesses in the proceedings. forgotten and on the margins.
They are not given any aid, and when they are not cared for, it causes anguish in them, which can lead to aberrations in their behaviour. System of Criminal Justice. As a result, there is a pressing need to change.We've shifted our focus away from the criminals and toward the victims who have been harmed. a significant injury In the same way as the change from crimes to crimes from crimes to crimes from crimes to crimes from crimes to crimes .There were torts. We also require such transformation on this regard.
If a victim of a cognizable crime contacts the police to provide information, the police are required to record the information in writing and to read it after it has been recorded. The informant must sign the letter sent to the victim/informant. The police cannot refuse to give the informant a copy of the report. Sections 154(1) and (2) of the Act require a First Information Report.Cr.P.C. If a police officer refuses to investigate the matter, he or she must explain why to the investigating officer.a source of information in the form of facts. This is stated in section 157(2) of the Cr.P.C. The police, in general, do not treat complainants well, and at times, instead of attending to their complaints, they ignore them. Though victims under section 190 of the Cr.P.C. have the right to go directly to the Magistrate with their complaint, bypassing the need to go to the police station, the process is lengthy. The cops have complete control over the investigation. The people that have been affected Only when the police believe it is necessary for them to play a role. Only in some states The police have been told to give the victims the information they need. when they seek for information about the inquiry process it. The victims' predicament is pitiful until and unless the perpetrators are brought to justice. Under section 173 of the Cr.P.C., the police prepare a charge sheet.
After reviewing the charge sheet, the Magistrate determines whether the proceedings can be dismissed and, if so, issues an order. The informant has been given notice that his grievances will be heard as needed. However, dismissing the case would not benefit the victim. with the possibility of being heard The provisions of section 250 of the Cr.P.C. Informants are obligated to compensate people accused of wrongdoing. under the command of the judge, an offence without good cause/reason Magistrate. Section 357A of the Criminal Procedure Code recognises that It is not necessary for the criminal to be convicted in order for victims to get compensation. monetary reliefs Compensation is also available under the 1973 Code of Criminal Procedure.
The compensation plan will be provided by both the state and federal governments. Victims of crime who have been harmed can receive compensation under this scheme. as well as their dependents, experienced significant loss or harm who require remuneration The District/State Legal Department awards compensation based on the court's recommendation. The Service Authority will determine the maximum amount that can be given. as remuneration Furthermore, the court is bound by section 358 of the Cr.P.C. empowered to order a person to pay restitution to another someone who was wrongfully detained by a cop because of the erroneous information provided by the former. If a person is found guilty of a non-cognizable offence, the expenses he has incurred in pursuing the case are reimbursed to him. based on a court order under section 359 of the Cr. P.C.
Judicial role in guaranteeing victims' rights
“Justice is not only in the end result; it is also in the process”.Traditionally, the only accepted concepts of criminal justice were the control and prevention of crimes, the punishment and rehabilitation of criminals, and the protection of individuals and their property.the system of criminal justice As a result, there is a requirement to expand. the definition of justice Justice should not be limited to the courts. Not only must the accused be found guilty or acquitted, but they must also be held accountable to gain the confidence of the witnesses in order to condemn the guilty and, in particular, the crime victims. The victims set the criminal justice system in motion by providing information about the crime, and the best relief available to them is access to justice. Due to the delay in rape cases, the entire issue becomes moot. in the collecting of samples, with women as the victims. Children are denied access to the legal system. Victims of rape, Occasionally, people are held in custody for the purpose of gathering evidence. There is no legal basis for protective custody. The hapless victim Despite the fact that he or she has the right to hire an attorney of his or her choice, is the one who has been charged.
Under section 24(8) of the Cr.P.C., the victim can hire an advocate of his or her choice to assist him or her in the prosecution only if the court permits it. The advocate so hired is bound to follow the prosecutor's instructions and can only submit written arguments after the taking of evidence if the court permits it [s. 301(2) of the Criminal Procedure Code].
Although restitution of victims is not a statutory right in India, it must be made so since assessing the victims' request for redress or compensation for the loss experienced is insufficient. The Code of Criminal Procedure recognises victim compensation as a right, but limiting it to the amount of fine actually realised and making it available only if a substantial sentence of fine is imposed limits the scope for compensation. Although a fine can be imposed by the Magistrate under section 357(3) of the Cr.P.C., courts are inconsistent in using this clause when one has not been imposed.
In its 152nd Report, the Law Commission recommended that section 357A of the Criminal Procedure Code be enacted, which states that in cases of bodily injury that does not result in death, victims should be awarded compensation of Rs. 25,000/- at the time of sentencing, and in cases of death, Rs. 1,00,000/-. If the compensations awarded under section 357 of the Cr.P.C. are insufficient for the victim's rehabilitation, or if the case results in the accused's acquittal or discharge, the court has the authority to order the state to pay such compensations for the victim's rehabilitation. Even if the accused is not tried, the victim has the right to obtain rehabilitation through the State or District Legal Services Authority. The 154th Law Commission Report mandated the introduction/incorporation of Sec. 357A of the Cr.P.C. It's worth noting that putting a section into operation takes years, which is bad for a state because it delays justice for the victim.
In the instance of rape under section 157 of the Cr.P.C., a lady police officer can obtain the victim's statement at the victim's residence in the presence of a guardian. Under section 164(1) of the Cr.P.C., both victims and witnesses have the right to give audio-video confessions and testimonies that can be captured by an audio-visual technological instrument. These portions are just on paper, but their effectiveness in the modern world is still debatable. The court ruled in Rattan Singh v. State of Punjab that the distress of crime victims and their dependents does not attract the attention of the law, which is a flaw in our legal system. The right to compensation for victims is still a vanishing point in Indian criminal law.
In India, the entire criminal justice system is centred on the offender. Even the court, the legislative branch, and the executive branch are frequently concerned about the rights of the accused or guilty. The criminal justice system must function in this way in order to bring justice to victims, and the legal system must be accessible to people seeking justice. If the system fails to ensure that victims and witnesses can speak up without fear, participate in court procedures, and have their interests and rights protected, the system will be ineffective.
NAME-SHREYASEE MEHTA COURSE AND YEAR- B.COM LL.B (Hons.), 3RD YEAR BATCH- 2019-2024 COLLEGE- SARDAR PATEL UNIVERSITY, GUJARAT