INTRODUCTION:
Victims are those who, alone or in group, have experienced damage due to omissions or acts that violate the criminal laws in force in Member States, along with the laws preventing power abuse. This harm can include harm to one's mental or physical health, emotional suffering, financial loss, or a materially significant violation of one's fundamental rights. The victimisation process involves becoming a victim or being victimised. Victimisation in the experience can lead to mental and physical suffering affecting the life of a victim. psychological well-being of the victim is disturbed resulting in a lifelong impact. Victimology is the field that analyses the causes, prevalence, rates, incidence, and processes of victimisation. This report comprises the details of VICTIMS, VICTIMISATION, VICTIMOLOGY and Indian judiciary role in it. For the proper functionality of Indian justice system, it is necessary to have provisions of the victims and to provide protection to them. We have seen almost all the time that the main attention is on the accused and how to give the punishment to the accused as per the law which majorly ignored the victim and their rights. Victims’ rights need to be protected and for that many steps have been taken on the international level and in the Indian judiciary to compensate the victim, provide aid and for fair treatment.
OBJECT OF STUDY:
● To study the victimisation and victims under the Indian Legal system.
● To analyse the effect of Victimisation of victims with respect to the Indian legal system.
HYPOTHESIS:
● Victimisation is the act of subjecting someone to cruel or unfair treatment, the process of being subjected to such treatment or becoming a victim. In the Indian legal system, victimisation has an impact to a great extent.
● Under civil law, injured parties are fairly compensated for their losses, and the wrongdoer is held accountable for these payments as well as other elements of the Indian legal system.
METHODOLOGY:
The concept has been examined by the author using a theological and analytical method. I will use a variety of reports, articles, legal documents, and case laws to investigate and prepare for the task at hand. Both secondary and primary sources of information will be used in this essay. There are many different constitutions, statutes, and judicial decisions as primary data sources. Secondary data sources that will be consulted by the researchers include books, diverse national and international papers, articles, and online resources.
LITERATURE REVIEW:
Article(s) -
• Jasjit pranjall, “victims and victimology in India”:
The author in this article analysed about the criminal justice in India and victim and its victimisation India
• Akash Shah, “victims, victimisation and victimology”:
The author seeks to explain in this article about victims and victimisation and criminal law related to victims
• Ashpreet Kaur, “judiciary’s contribution towards evolving victimology”
The author discusses about the after effects of the crime on the victims. The study of victims is known as victimology which is also a branch or criminology
CONCEPT OF VICTIMISATION:
India is included in the plot as well. It is a generally held belief in India that victims do not have enough legal safeguards and rights, and as a result, they are seen as the most ineligible bunch of people in the criminal judiciary. It is widely believed that the Indian criminal justice administration will become an institution for the maintenance of injustice against the victims if justice for the victims is not made its central focus.
We can also define victims as people who have been harmed, individually or collectively, as a result of acts or omissions that violate criminal laws in force in Member States, including those that forbid criminal abuse of power. These harms can include physical or mentally damage, emotional suffering, economic loss, or substantial impairment of fundamental rights. Victimization encompasses interactions with the criminal justice system, including the police, courts, and prison guards, as well as the connection between the victim and the accused. Additionally, there is an implied connection between this idea and social movements, organisations, media, and businesses. Victimisation is the act of single-out someone for cruel or unfair treatment, or the process of becoming a victim. Although there is no precise definition of victimisation, we can say that it refers to the relationship between the victim and the accused. There are several theories of victimisation, including primary victimisation, secondary victimisation (victimisation following a crime), re-victimization (victimisation occurring repeatedly), and self-victimisation (variety of reasons [1] to justify abuse). Victimisation is a very intricate process with many potential components. The first component (commonly referred to as "primary victimisation") includes any interactions between the victim" and the offender that may have occurred even during commission of the crime, as well as any consequences that may have resulted from these interactions or from the crime itself. The second component includes "the victim's" response to the offence, as well as any changes in how they perceive themselves as a result of it and any official statements they may make in that regard. The third one include additional encounters between victim and others, including those with the different agencies of criminal that she might have as a result of this action. where there is a further interaction Referred regarded as "secondary victimisation," it has a detrimental effect on the victim.
Primary victimisation – It may be helpful to start by making a distinction between the "effects" or repercussions that are known to arise from crimes of various kinds and their "impact" on victims themselves when discussing the "primary victimisation" portion of the process. Physical consequences of some crimes may include some level of discomfort and suffering, loss of skill, some level of disability, and/or potential permanent or temporary disfigurement. Numerous crimes also have direct or indirect financial repercussions. Criminal activity frequently entails additional expenses that may be spent, such as paying for medical care or legal counsel, losing wages while dealing with the consequences of the crime, or even possibly losing one's ability to earn in the future. A few offences can also have negative effects on the psychological and emotional health of victims, such as depression, anxiety, and fear.
Secondary victimisation – Rather than being a direct outcome of the criminal act, secondary victimisation refers to victimisation that takes place as a result of institutions and individuals responding to the victim. The most blatant example of organised secondary victimisation is in the criminal justice system. It may occasionally result in the entire denial of human rights to victims who belong to particular ethnic groups, social classes, or genders due to an unwillingness to accept their suffering as criminal victimisation. It could result from intrusive or improper conduct on the part of cops or other criminal law experts. Subtly, the entire criminal investigation and trial process—from the initial investigation to the choice of whether to press charges or not, the actual trial, and the offender's ultimate sentencing—could cause secondary victimisation. evaluating the rights of the accused or offender in a just manner, as well as those of the innocent victim. However, it occurs more frequently because those in charge of implementing criminal justice rules and processes do so without considering the perspective of the victim.
Re- victimisation – A portion of repeat victimisation is brought on by the victim's residence or relationship with the attacker. When a victim of wife abuse lives with the same perpetrator, it frequently happens more than once. The same is true of sexual offences.
Self-victimisation – In this category, a person's own actions result in their own victimisation. To some extent, we can say that this type of victimisation can only occur again if it is caused by the wrong person's company, an unsuitable habit, etc.
THE IMPACT OF CRIME ON VICTIMS:
The word "victim" was as likely to refer to general bad luck as it was to refer to criminal activity. The New Shorter Oxford English Dictionary supports this point by defining genocide as "a person exposed to cruelty, oppression, or other harsh, or mistreatment, or suffering death, injury, ruin, etc. as a result of an event, circumstance, or oppressive or adverse impersonal agency," after initially referring to "a person killed or tortured by another. The number of people guilty in criminal courts was used in the last decade to gauge changes in crime. The number of offences reported by the police was then used to measure trends. Today, surveys of the public at large are used to measure crime trends and determine the extent of victimisation. The impact of crime is arguably best understood as a function of the victim's perception of the significance or degree of these effects as well as their endurance. The word refers to the victim's inescapably subjective judgement and evaluation of the entire effects of the offence when defined in this way. This includes the victim's understanding of its significance and meaning, as well as if it has changed the victim's perspective of himself or herself and made them feel like victims. As opposed to any possible concrete or intangible "effects," the "impact" of a crime has a significant impact on how the victim perceives and reacts to it during the second [2] stage of the victimisation process. connected to the initial phase. Sadly, most researchers tend to misinterpret these two concepts and use them interchangeably, which has added to the technical inaccuracies outlined above, albeit it may help to explain why many findings appear to be muddled.
The United Nations convention on Basic Principles of Justice for Victims of Crime and Misuse of Power emphasises the reality that crime affects victims in ways other than simply breaking the law, including by causing them to suffer financial loss, emotional anguish, and physical or mental trauma.
In the UN Handbook, the effects of crime on victims are divided into: ● The physical and financial impact of victimisation
● Physiological injury and social cost
● Secondary victimisation ‘from the criminal justice system and society.
VICTIM AND INDIAN JUSTICE SYSTEM:
In a system of justice, crime victim’s ignorance is there. The suffering which they have endure is far more. Crime victims has received justice by the supreme court which is nicer side, as currently in India there is no specific law. The Supreme Court has adopted a pro-victim stance in a number of cases and the organization is working to create a unique justice system which does not only focus on criminal but on the victim as well and equal justice for all is served.
As stated by justice Krishna Iyer, in” Rattan Singh v. State of Punjab”[3] The fact that the law does not focus on the victims of the offence is a flaw in our legal system. Indeed, victim compensation continues to be the major trigger of our criminal code. This is a flaw in the system that has to be fixed by the legislators. This issue needs to receive more attention.
In “Maru Ram v. Union of India” [4], Krishna Iyer, J. held that the length of the sentence will not make up for the handicapped or the bereaved, but instead increases harshness and futility. Although it is part of the criminal's ethical behaviour to make up for the loss or heal the injury as part of the punishing activity. Victimisation must be satisfied by the perpetrator being held accountable for the harm they inflicted, not via violence but rather by minimising the loss of the mourners.
The criminal justice system focuses on the offence, the offender, the case trial, establishing the offender's guilt, and determining the appropriate penalty. The victims are ignored and stigmatised after serving as evidence in the processes. They receive no aid, and when they feel abandoned, it makes them anxious, which could eventually cause problems for the system of criminal justice. In India, the justice system deprives victims of their rights, and they are viewed as nothing more than witnesses in the prosecution and punishment of offenders. Victims who have been harmed are justly reimbursed for their losses through civil law, and the convicted is held accountable for this payment. The victim's compounding is considered justice in the Indian court system. The criminal justice system in India was inspired by the one in Great Britain. Legislative, executive, and judicial branches have distinct lines of authority that are clearly defined by doctrine. In addition to a free press, the judiciary is impartial. As seen by numerous rulings from the Supreme Court and High Court of India, India's punitive philosophy has recognised the ideas of crime prevention, treatment, and rehabilitation of offenders. Victims are viewed as mere witnesses in the legal system, and the state has full authority over the filing of charges and the imposition of penalties against criminals.
CRIMINAL LAWS AND PROCEDURES:
The Indian criminal justice system governed by overall four laws -
“ The Constitution of India ”
“ The Indian Penal Code ”
“ The Criminal Code Procedure of India ”
“ The Indian Evidence Act ”
The Union Assembly and the state legislatures are given the authority to enact laws, and the Indian Constitution divides these duties into the Union List, State List, and Concurrent List. Both the Legislature and the State Legislatures have the authority to enact legislation on the topics listed in the Concurrent List of the Constitution, but only the Union Parliament and the state legislatures have the authority to do so for the Union list and the State list, respectively. All Indian people are guaranteed a number of essential rights under the country's constitution. According to the Constitution, the federal government and the governments of every state share concurrent criminal jurisdiction. The Indian Penal Code of 1861 and the Code of Criminal Procedure of 1973, two major criminal codes at the national level, respectively cover all substantive crimes, their forms of punishment, and the criminal procedure to be followed by the law enforcers police, the prosecution, and the judiciary—during the process of an investigation, prosecution, and trial of an offence. All of India is subject to these two criminal laws, which supersede any state laws. The Indian Penal Code defines all significant offences, and both citizens and foreign residents are subject to these penalties. Along with the Indian Penalty To address new offences, other special laws have been passed within the Code. The Union Parliament and State Legislatures, the Police, the Courts, and Corrections comprise the four subsystems that make up the Indian criminal justice system (adult and juvenile correctional institutions, Probation and other non-institutional treatment). In India, the legal system is adversarial.
EVOLUTION OF VICTIMISATION IN INDIA:
A victim of a crime or a complaint is currently just a witness to the prosecution. The victim does not have any rights to defend their interests during criminal procedures, whereas the accused does. Even the police officer's pity is sometimes required for a criminal case to be registered in the police station; in some severe cases, victims who are wronged take matters to their own actions and take revenge from the culprit. The good news is that victim justice has been delivered in India despite the lack of a specific legislation for crime victims, thanks to affirmative action and apex court judgments. Additionally, numerous Commissions and Committees at the national level have steadfastly supported victims' rights and reaffirmed the necessity of a victims' law. Only in the late 1970s did scholars in India begin to study crime victims. Early research focused on homicide victims (“Rajan & Krishna”, 1981), victims of motor vehicle accidents (Singh, 1978), and victims of dacoit gangs (i.e., gangs of armed robbers) in the Chambal valley (“Khan & Krishna”, 1981). Singh and Jatar (1980) investigated whether or not the compensation given to dacoit victims in the Chambal Valley was adequate. Since the 1980s, a lot of academics conduct study on victimisation. India’s [6] victimology has developed mostly as a result of particular general rights, the judiciary, and some statutes that referred to victim rights. Even if there isn't a single code or law designed for victims, there are numerous laws that safeguard victims' rights. Section 195 of the Indian Penal Code [7] according to section 154 of the 1973 Code of Criminal Procedure [8], is a cognizable offence that is not subject to a bond and carries a seven-year sentence or a fine, whichever is greater (2). Articles 160, 190, 406, and 439 pertain to victims' rights, and CrPC section 357 subsections (1), (3), and (4) allow trial courts, appellants, and revisional courts the authority to pay victims' compensation. The Indian Constitution's Articles 14 [9] and 21 [10] provide victims with sufficient protection. Article 41 [11] provides public assistance to disadvantaged groups in society, while Article 51-A [12] imposes a fundamental responsibility on citizens to protect and enhance the natural environment. In addition to this, victims are given other rights that help ensure prompt and impartial justice, including the right to participate in criminal proceedings, the right to be noticed, the right to information, the right to compensation, the right to protection, the right to remuneration, the right to a speedy trial, and many more.
SUGGESTION:
The author wishes to suggest that a law for the protection of the victims is required, one that upholds the victims' fundamental human rights, encourages the judiciary to attend to their requirements, and facilitates the state's ability to provide for the victims.
An individual who has suffered a loss or an injury, as well as their dependents who have also suffered a loss, are considered victims. The administration of each state could potentially choose to establish an online reporting platform. Information on the accusation, the inquiry, and the investigators would all be available on this website. The central government might offer a toll-free number to let people file complaints.
It is possible to mandate that a female police officer with a rank higher than constable conduct the examination of a female victim. The central government may distribute money from the fund for victims' suffering to help those who need it most. Adopting a fast-track court system would enable the administration of justice to be finished as soon as possible. CONCLUSION:
In India, judiciary as a whole is focused on offenders. Even the judicial system, the legislature, and others worry about defendant or the guilty. system should operate in to provide justice to victims, and those who seek justice must have access to the legal system. Justice would only be administered according to the letter of the law rather than in accordance with the spirit of the law if the system does not ensure that the victims and witnesses can speak out without fear, engage in court processes, and have their interests and rights safeguarded.
In order for the victim's testimony to be accurate and the prosecution to be impartial, the system must undoubtedly provide the protection of the victim's relatives. In our culture, the victim—and never the criminal—is always held responsible for the crime. If the state had protected the victims' rights and applied strict punishment to perpetrators, the situation might have been different. The aforementioned recommendations require a legislative framework in order to provide the distressed victims more control and to guarantee their rights. It is quite challenging to engage with someone who has had such mental trauma, so we must investigate the underlying science. And by employing the scientific process, we may obtain the conclusion and do something beneficial for the sufferer. Victimology, in my opinion, only exists in writing in our nation and is not generally practised. If we take it seriously, it will greatly improve our system of criminal justice and result in some favourable changes to how the country is govern.
REFERENCES:
1.Jasjit Pranjall, Victim and Victimology in India, Legal Service India[mAT.23,2021] https://www.legalserviceindia.com/legal/article-5841-victims-and-victimology-in-india.html legalserviceindia.com last visited [20 nov,2022]
2.Akash Shah, victim, victimisation and victimology, Legal Service India, http://www.legalserv icesindia.com/article/1349/Victims, -victimization-and-victimology.html Legalserviceindia.com last visit[20nov,2022]
3.1980 AIR 84 4.1980 AIR 2147 5.Jasjit Pranjall, victims and victimology, Legal Service India E-journal, [May.23,2021] https://www.legalserviceindia.com/legal/article-5841-victims-and-victimology-in-india.html Legalserviceindia.com last visited [20 nov,2022]
6.Ashpreet Kaur, the study of Victim is known as victimology, pleaders, [June.16,2019] https://blog.ipleaders.in/victimology 7.Indian Penal Code,1860 § 195, No.45, Act of Parliament ,1860(India) 8.Code of Criminal Procedure,1973, § 154,357,160,190,406,438, No.02, Act of Parliament,1973(India)
9.INDIA CONST.art. 14- Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws. 10.INDIA CONST.art. 21-Protection of Right and Personal Liberty. 11.INDIA CONST.art. 41-Right to work, to education and to public assistance in certain cases 12.INDIA CONST.art.51A -T o develops a scientific temper, humanism and the spirit of inquiry and reform
AUTHOR ~ ADV. ANAMTA GULZAR
LLM(CLCJ),1st SEMESTER
JAGRAN LAKECITY UNIVERSITY BHOPAL