Evolving Victimological Jurisprudence: A View from Supreme Court Cases
| Author | Ramneek Kaur,G.S. Bajpai |
| DOI | 10.1177/2277401720150104 |
| Published date | 01 August 2015 |
| Date | 01 August 2015 |
EVOLVING VICTIMOLOGICAL
JURISPRUDENCE: A VIEW FROM
SUPREME COURT CASES
G.S. Bajpai* & Ramneek Kaur**
Of late, victimology and concern for crime victims in criminal
justice policies is increasingly becoming a remarkable feature.
Though there are many impetuses to this development. While it
is mainly the UN Declaration for Victims of Crime, 1985 and a
definite policy thrust in case of many western nations, in case
of India it is chiefly the Supreme Court which has addressed the
plight of victims of crime. Interestingly enough, the apex court
in India has been highly sensitive with regard to the concerns
and problems of crime victims and therefore it has, time and
again, laid down useful guidelines and suggested new approaches
to mitigate the sufferings of crime victims. This activism of the
Supreme Court in India assumes special significance as there
was hardly any comprehensive official policy or law to extend
assistance to crime victims. The study has been premised to infer
that extensive case laws on crime victims has in effect laid down
a solid foundation to what could be termed as ‘victimological
jurisprudence’. The present study is undertaken to examine and
identify the way in which the Supreme Court of India has dealt
with victims and position taken on various concerns and the
problems of crime victims as expressed in the judgments of the
apex court in past few decades. The present study is divided into
three segments. In the first part an overview of concerns and
problems of crime victims in general has been taken to place the
subject matter of the study in a proper context. In the second
segment, specific issues of victims have been analyzed with the
help of case laws. In the last segments, some useful conclusions
have been extricated.
I. Overview of Concerns of Crime Victims
The term ‘victim’ refers to a person who has suffered any loss or injury
as a result of the act or omission against which the accused person has been
* Professor of Law & Registrar, National Law University, Delhi.
** LL.M., National Law University, Delhi.
Journal of National Law University, Delhi[Vol. 334
charged and the expression ‘victim’ also includes in itself the guardian or
legal heir of a victim.1 Hence, in criminology and criminal law, victim of a
crime can be identified as a person who has been harmed individually and
directly by the perpetrator, rather than by the society as a whole. It cannot
be denied that that crime affects the individual victims and their families;
not only this, it also causes significant financial loss to the victims in many
cases. The impact of crime on the victims and their families can range
from serious physical and psychological injuries to mild disturbances.2 The
most common problem, affecting victims of crime, include: fear, anxiety,
nervousness, self-blame, anger, shame, and difficulty in sleeping. These
problems often result in the development of chronic post-traumatic stress
disorder (PTSD).3 Besides this, experience of victimization may result in an
increasing fear in the victim of the crime, and the spread of that fear in the
community.4 A review of legal framework in relation to rights of victims of
crime reveals that except providing compensation, very little has been done
either statutorily or through schemes to address the entire range of problems
faced by victims of crime. Basically two types of rights are recognized in
many jurisdictions in respect of victims of crime. They are, firstly, the
victim’s right to participate in criminal proceedings (right to be impleaded,
right to know, right to be heard and right to assist the court in the pursuit
of truth) and secondly, the right to seek and receive compensation from the
crim inal court it self for injuries suf fered as well as appr opriate inter im reliefs
in the course of proceedings.5 However, it is sad that in India the victims
do not have the legal rights and protection they deserve to play their just
role in criminal proceedings which tend to result in disinterestedness in the
proceedings and consequent distortions in criminal justice administration.6
The U.N. system wants its member countries to guarantee rights of victims
of crime through their respective legal systems.7 Accordingly, there is a
need to take a fresh look at the position in which the victim of a crime
is placed in our criminal justice system.8 It is also significant to note that
1 Criminal Procedure Code 1973, s 2(wa).
2 Kumaravelu Chockalingam, ‘Measures For Crime Victims In The Indian Criminal
Justice System’ (United Nations Asia and Far East Institute)<http://www.unafei.or.jp/
english/pdf/RS_No81/No81_11VE_Chockalingam.pdf> accessed 27 April 2016.
3 L Sebba, Third Parties , Victims and the Criminal Jus tice System (Ohio State University
Press1996).
4 ibid.
5 Dr Justice VS Malimath and others, Report by the Committee on Refor ms of Criminal
Justice System (Ministry of Home Affairs, Government of India 2003).
6 ibid.
7 ibid.
8 S Muralidhan, ‘Rights of Victims in the Indian Criminal Justice System’ (2004)
International Enviornmenta l Law Research Cent re <http://www.ielrc.org/content/a0402.
pdf > accessed 11 August 2016.
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