A CRITICAL STUDY ON THE CONCEPT OF VICTIMOLOGY WITHIN CRIMINAL JUSTICE ADMINISTRATION

By Mehakpreet Kaur of Lovely Professional University

INRODUCTION

In the late 1940s, victimology became a separate scientific field with the goal of comprehending the complex relationships between victims, criminals, and the justice system. This field examines not just who becomes a victim of crime, but how victims interact with law enforcement, courts, and society at large. Victimology offers a more comprehensive knowledge of crime and its effects by focusing on people who suffer as a result of criminal activities, whereas criminology has historically concentrated on offenders and their behaviours.

Benjamin Mendelsohn coined the term victimology in 1947 which means the scientific study of crime victims. Victimology is:

“The scientific study of the extent, nature, and causes of criminal victimization, its consequences for the persons involved and the reactions hereto by society, in particular the police and the criminal justice system as well as voluntary workers and professional helpers.”

On the other hand, crime causes serious harm to people as well as symbolic harm to society and social order. The idea of victimising society minimises and downplays the significance and complaints of real victims of crime.. The guilty are always given the benefit of the doubt even when they disturb the imagined social order. Secondary considerations include victim compensation, legal representation, and assistance for individuals who must deal with the fallout from the crime. They have historically been called the “forgotten people” in the system.

In recent years, the Indian criminal justice system has gradually shifted toward a more victim-oriented approach. Influenced by international conventions on victim rights, an active and responsive judiciary, and multiple Law Commission reports, the system now acknowledges not only the rights of the accused but also prioritizes the welfare and interests of victims. Numerous guidelines and measures have been introduced to protect victims and ensure their rehabilitation during and after the criminal process. As a result, India has witnessed the rise of victim-centric laws and judicial decisions aimed at delivering justice to those harmed by crime. Victimology, as a discipline, focuses on studying crime from the perspective of the victim. The objective of this research paper is to examine and evaluate the concept of victimology, emphasize the judiciary’s crucial role in its development, and suggest reforms that may further strengthen its implementation.

DEFINITION AND CONCEPT OF VICTIM

The idea of a “victim” can be traced back to ancient civilizations, where the term originally referred to a being human or animal offered in sacrifice to appease a deity. When victimology began developing as a separate field in the 1940s, early scholars such as Mendelsohn, Von Hentig, and Wolfgang viewed victims primarily as passive individuals who, in some cases, played a role in bringing about their own victimization.

In contemporary understanding, the term has expanded significantly. A victim is now recognized as any individual who suffers harm, loss, or adversity from any cause. A crime victim specifically refers to a person, organization, or group that experiences physical, psychological, or financial harm due to unlawful activity. The modern perspective adopts a broad and inclusive interpretation, extending beyond individual suffering. It also incorporates collective victims such as communities, social groups, or classes who may endure damage, injury, or deprivation, whether inflicted by private individuals or by authorities misusing lawful power.

SCOPE OF VICTIMOLOGY

The scope of victimology is wide and multidisciplinary. It does not merely identify individuals harmed by crime but studies the entire process of victimization. This includes examining the causes of victimization, patterns of crime, vulnerability factors, and the social and psychological impact of crime on victims. In the Indian criminal justice context, victimology covers:

  • Rights of victims during investigation and trial
  • Compensation and financial relief mechanisms provided by the State
  • Rehabilitation services such as medical care, counselling, and shelter
  • Witness protection and measures to prevent retaliation or coercion
  • Legal aid and access to justice through NALSA and DLSA
  • Use of technology for reporting, counselling, and case tracking

SIGNIFICANCE OF VICTIMOLOGY

The significance of victimology lies in its role in transforming the criminal justice system from offender-centric to victim-centric. Earlier, victims were treated merely as witnesses, with no real participation in proceedings or access to relief. Modern victimology challenges this traditional approach by recognizing that justice is incomplete unless victims receive dignity, compensation, and rehabilitation.

Victimology plays a crucial role in:

  • Promoting restorative justice, where the objective is not only punishment of the offender but also healing of the victim.
  • Guiding judicial decisions, where courts increasingly order compensation, counseling, and support services.
  • Influencing legal reforms, such as the introduction of Section 357A CrPC and similar provisions in BNSS 2023.
  • Strengthening victim rights, including the right to be heard, informed, and protected during trial.
  • Encouraging welfare schemes and compensation funds for rape survivors, acid attack victims, and victims of serious offences.

Through these developments, victimology ensures that the criminal justice system becomes more humane, inclusive, and focused on restoring the dignity and well-being of those who have suffered harm.

THEORIES OF VICTIMOLOGY

Victimology, a crucial branch of criminology, encompasses various theories aimed at understanding the causes, dynamics, and consequences of victimization.

Victim Precipitation Theory: Victim precipitation theory is a criminological concept that suggests that victims may contribute to their own victimization to some extent. This theory proposes that certain actions, behaviours, or characteristics of the victim may initiate or escalate the criminal act. It can be divided into two main types: active and passive precipitation:

  • Active Precipitation: In cases of active precipitation, the victim plays an active role in provoking or initiating the criminal act. This could result in a strong reaction to the offender through verbal or physical abuse.
  • For example: When the victim acts aggressively, a heated argument can turn into a physical altercation.

Passive Precipitation: Passive precipitation occurs when the victim’s behaviour or characteristics unintentionally contribute to their victimization. This could involve factors such as leaving valuable items unattended, walking alone in a dangerous area late at night, or displaying vulnerable behaviours that attract offenders.

For example: An individual leaves a laptop unattended in a public café and steps away for several minutes. A thief notices the opportunity and steals the device. The victim’s negligence unintentionally facilitated the offence.

Lifestyle Theory: This theory is a significant framework in victimology that examines how individuals’ everyday routines influence their likelihood of becoming victims of crime. Developed by Hindelang, Gottfredson, and Garofalo in the 1970s, the theory argues that a person’s lifestyle defined by their behaviours, activities, and surroundings can either heighten or reduce their exposure to criminal victimization. According to this perspective, three core factors shape the risk of victimization:

  • routine activities,
  • exposure to offenders, and
  • the presence or absence of capable guardians.

Fundamentally, the theory suggests that the way people conduct their daily lives affects the probability of encountering criminal threats.

For example: Individuals who work late-night shifts, frequently visit unsafe areas, or leave valuable items unsecured inadvertently increase their chances of being targeted. In contrast, those who avoid high-risk environments and adopt precautionary measures are less vulnerable to crime.

People living in high-crime localities or regularly interacting with individuals engaged in unlawful activities face a greater risk of victimization. This highlights the social and environmental context in which crime occurs, underscoring how social networks and community conditions influence victimization patterns.

Deviant Place Theory: A notable perspective in victimology, examines how a person’s geographic surroundings affect their likelihood of becoming a victim of crime. Introduced by Marvin Wolfgang and Franco Ferracuti in the 1960s, the theory asserts that certain locations marked by social instability and deviant behaviour are more prone to criminal activity and victimization.

According to this theory, individuals living in or frequently visiting areas with high poverty levels, limited employment opportunities, poor infrastructure, and weak community relationships face a greater risk of victimization. Such neighbourhoods often labelled as “deviant places” create favourable conditions for crime due to reduced social control and inadequate supervision.

Moreover, the theory reinforces the importance of studying how crime is distributed across space. Identifying high-risk or “hotspot” areas enables law enforcement and policymakers to concentrate prevention efforts where they are most needed, improving public safety and reducing criminal opportunities.

For Example: A person living in a densely populated urban slum with poor street lighting and minimal police presence faces repeated incidents of theft and assault. The lack of social control and unsafe environment increases victimization risk.

A student frequently passes through a neighborhood known for gang activity and drug trafficking while returning from college. One evening, he becomes a victim of a robbery. His exposure to a high-crime location elevates his chances of being targeted.

Routine Activity Theory: This theory is developed by Lawrence Cohen and Marcus Felson in 1979, explains victimization based on everyday patterns of human behaviour. The theory proposes that crime occurs when three elements come together at the same time and place:

  1. A motivated offender
  2. A suitable target
  3. Absence of a capable guardian

According to this theory, crime is not solely the result of offender motivation but also of everyday opportunities created through routine human activities. When people or property are left vulnerable without supervision, security, or protective measures the likelihood of victimization increases.

For example:  A person leaves their car unlocked outside a shopping mall. A motivated offender notices the opportunity, finds no security nearby, and steals valuable items from the vehicle. All three elements offender, suitable target, and no guardian converged.

A house remains unoccupied during a family vacation, and there are no CCTV cameras or neighbors monitoring the property. Burglars break in and steal jewelry and cash. Lack of capable guardianship makes the house an easy target.

LEGAL PROVISIONS AND COMPENSATORY RELIEFS

In India, victims are treated no better than mere witnesses in the prosecution and punishment of offenders, and they are not granted the same legal safeguards as offenders. In civil law, the offender is held liable and aggrieved parties are only reimbursed for their losses.

Rights under Constitution:

  • Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
  • Article 21: No person shall be deprived of his life or personal liberty except according to procedure established by law.

Since the Indian Constitution acts as the supreme legal authority, all other laws draw their validity from it. Apart from recognising victim compensation, the Constitution also incorporates several protections for victims. Fundamental rights under Articles 14 and 21 must be interpreted alongside the Directive Principles of State Policy, particularly Articles 39A, 41, 46, and 51C. Article 39A obligates the State to ensure equal access to justice and provide free legal aid, which directly supports victims who cannot afford legal representation. Article 41 relates more broadly to victimology as it directs the State to offer public assistance in cases of disability, destitution, or other circumstances of need. The early foundation of constitutional victimology can be traced through empathetic and progressive interpretation of these provisions. Furthermore, Article 21, which protects life and personal liberty, has been judicially expanded to include the State’s duty to compensate victims of criminal offences and unlawful deprivation of life or liberty.

Provisions under Bharatiya Nagarik Suraksha Sanhita, 2023:

Section 396 – Order to Pay Compensation

This provision mirrors former Section 357 CrPC. Section 396 empowers trial courts, Sessions Courts, appellate courts and High Courts exercising revisional powers, as well as the Supreme Court, to direct payment of compensation. However, its application is limited to four specific situations.

Compensation may be awarded to:

  • the complainant, to reimburse expenses incurred during prosecution, and
  • any person who has suffered loss or injury as a result of the offence.

The section also enables the court to compensate persons entitled to damages under the Fatal Accidents Act where death or abetment of death has resulted in conviction.

Further, Section 396 covers offences involving property. Courts may order compensation to the lawful owner or purchaser where property is lost due to offences like theft, breach of trust, cheating, misappropriation or unlawful retention. Importantly, under Sub-Section (3), courts may direct compensation even where the sentence imposed does not include a fine.

Section 397 – Victim Compensation Scheme

This replaces CrPC Section 357A.The Law Commission, in its 154th Report, noted that the earlier recommendations on victim compensation were not implemented effectively. To render Section 357 of CrPC more practical, Section 357A of CrPC was inserted in 2009.

Under this provision, the Central and State Governments are required to create a Victim Compensation Scheme (VCS) to provide financial support to victims or their dependents for losses caused by crime. The responsibility of establishing and maintaining the fund lies with the State Government.

Compensation under Section 357A may be granted where:

  • compensation ordered from the accused is inadequate,
  • the accused is acquitted or discharged,
  • the offender cannot be traced or identified.

Section 398 – Compensation to Persons Groundlessly Arrested

Previously Section 358 CrPC, Section 398 provides relief to individuals who are wrongfully or unnecessarily arrested. A direct link must exist between the complainant’s information and the arrest, and such information must be given without reasonable grounds. In such circumstances, a Magistrate may award up to ₹1,000 as compensation to the person wrongfully arrested.

Section 399 – Costs in Non-Cognizable Cases

Previously Section 359 CrPC Where a complaint relates to a non-cognizable offence and the accused is convicted, the Court of Session, appellate court or High Court (in revision) may order the accused to bear prosecution costs. This may be in addition to the sentence imposed. Further, if the accused fails to pay these costs, the court may impose imprisonment of up to 30 days.

Section 198 – Authority of Trial Courts to Grant Victim Compensation

  • Trial courts now have clear authority to award compensation to victims for the expenses they had to bear, as well as for any damage, injury, or loss resulting from the offence—even when the case involves death.
  • If the court has imposed a fine on the offender, that fine can be used to pay compensation directly to the victim.
  • Importantly, the court can order the accused to pay compensation even when no fine has been imposed as part of the sentence.

Section 273 – Compensation for False or Baseless Accusations

  • This section protects individuals from malicious or baseless allegations. If someone is falsely accused without reasonable grounds, the court can order compensation for the harm caused.
  • If the complainant or informant is directed to pay such compensation, they have the right to challenge or appeal that order before a higher court.

Central Victim Compensation Scheme

In August 2015, the Ministry of Home Affairs introduced the Central Victim Compensation Scheme to supplement existing state schemes and enhance compensation in cases such as rape and sexual assault. The scheme also covers women who suffer partial or permanent disability due to cross-border crimes.

Uniform compensation slabs were introduced, including:

  • ₹3 lakh for rape and acid attack survivors,
  • ₹1 lakh for rehabilitation of human trafficking victims.

Where the victim is below 14 years of age, the prescribed compensation must be increased by 50%. Several states revised their schemes in line with these directions, with the exception of Arunachal Pradesh, Assam, Chhattisgarh, Himachal Pradesh, Karnataka, Tamil Nadu and Uttar Pradesh.

Section 396 of the Bharatiya Nyaya Suraksha Sanhita, 2023 establishes the Victim Compensation Scheme.

  • The purpose of the scheme is to provide financial assistance and rehabilitation to victims who suffer physical or financial loss due to crime.
  • Victims or their dependents can claim compensation even if:
    • the offender is not identified or traceable,
    • no trial has taken place,
    • the accused is acquitted or discharged.
  • The Central and State Governments are required to prepare and notify the compensation scheme.
  • Courts may recommend compensation to the victim during trial, especially when the compensation ordered under Section 395 is insufficient.
  • The District Legal Services Authority (DLSA) and State Legal Services Authority (SLSA) are responsible for:
    • processing applications,
    • conducting inquiries,
    • assessing the extent of harm and loss,
    • deciding the amount of compensation, and
    • releasing funds.
  • In urgent situations, the DLSA or SLSA may provide immediate relief such as medical treatment or first-aid.
  • Compensation can be claimed by:
    • victims suffering financial, physical, or emotional harm,
    • dependents requiring rehabilitation, and
    • victims whose court-ordered compensation is inadequate.

Compensation under the Probation of Offenders Act, 1958

Under Section 5(1) of the Probation of Offenders Act, 1958, courts are empowered to award compensation to victims. When an accused is released on probation under Sections 3 or 4, the court may direct them to pay a reasonable amount to the victim for the harm or financial loss suffered. The court may also require the offender to cover prosecution expenses, if appropriate.

Compensation under the Motor Vehicles Act, 1988

In cases of road accidents, victims—or their legal heirs in the event of death—can seek compensation under Section 5 of the Motor Vehicles Act, 1988. The power to grant this compensation lies exclusively with the court.

SPECIAL PROVISIONS FOR SPECIFIC CATEGORIES OF VICTIMS

Compensation for Victims of Sexual Offences

In response to the 2012 Delhi gang rape incident and the recommendations of the Justice Verma Committee, several victim-oriented compensation mechanisms were introduced:

  • POCSO Act: Under Section 33(8) of the Protection of Children from Sexual Offences Act, 2012, courts may award compensation to child victims of sexual abuse. The Supreme Court has also issued detailed guidelines to assist in determining the appropriate amount of compensation.
  • Criminal Law (Amendment) Act, 2013: This amendment strengthened legal provisions for compensating adult survivors of rape and sexual assault.
  • Nirbhaya Fund: Created in 2013, this fund finances projects aimed at enhancing women’s safety and provides financial support for victim rehabilitation and compensation.

Compensation for Acid Attack Victims

Special safeguards have also been established for acid attack survivors, following the Supreme Court’s ruling in Laxmi v. Union of India:

  • The Supreme Court mandated a minimum compensation of ₹3,00,000 for victims of acid attacks.
  • All private hospitals are required to offer free medical treatment to survivors.
  • Several states have subsequently increased compensation amounts under their own schemes, acknowledging the high cost of long-term medical care and rehabilitation.

ROLE OF JUDICIARY IN VICTIM COMPENSATION IN INDIA

Over the past three decades, Indian courts have steadily shifted towards a more victim-centric interpretation of criminal justice. Through progressive judgments, the judiciary has transformed victim compensation from a discretionary gesture into a recognized constitutional obligation grounded in fundamental rights.

1. Recognition of Compensation as a Constitutional Right

Nilabati Behera v. State of Orissa (1993) marked a turning point. The Supreme Court held that compensation can be awarded directly under Article 21 for violation of the right to life and personal liberty—such as custodial deaths. This judgment established that compensation is not limited to statutory provisions like the CrPC; it flows from the Constitution itself. Thus, the judiciary broadened the foundation of victim rights beyond procedural law.

2. Mandatory Duty of Courts

In Ankush Shivaji Gaikwad v. State of Maharashtra (2013), the Supreme Court made victim compensation a mandatory judicial consideration. Courts must consider compensation under Section 357 CrPC and must record reasons if they choose not to award it. This judgment shifted the system from mere discretion to an enforceable judicial obligation.

3. Enhanced Protection for Vulnerable Victims

In Laxmi v. Union of India (2014), involving an acid attack survivor, the Supreme Court invoked Section 357A CrPC to order a minimum ₹3 lakh compensation and mandated free medical treatment under Section 357C. This case set uniform standards for all states and acknowledged long-term rehabilitative needs of victims—demonstrating that compensation must be realistic, not symbolic.

4. Uniformity and Standardisation Across States

In Nipun Saxena v. Union of India (2018), the Supreme Court directed NALSA to create a model victim compensation scheme ensuring uniform minimum amounts across states, particularly for sexual offence survivors. This judgment reflects a trend of central oversight to prevent states from providing inadequate or inconsistent compensation.

5. Introduction of Victim Impact Assessment

The Delhi High Court in Karan v. State NCT of Delhi (2020) introduced the concept of a Victim Impact Report, requiring courts to evaluate:

  • the actual harm suffered,
  • trauma and rehabilitation needs,
  • and the financial capacity of the offender.

This approach aligns Indian practice with global restorative justice models and ensures compensation reflects real damage, not arbitrary amounts.

6. Compensation as an Essential Component of Justice

In Suresh v. State of Haryana (2014), the Supreme Court held that victim compensation is not optional—it is integral to criminal justice delivery. This ruling reinforced that the judiciary must protect victims’ dignity, restoration, and rehabilitation, not just punish offenders.

VICTIM SUPPORT AND REHABILITATION

Support Schemes for Victims of Crime

India’s victim support framework has expanded significantly over the last two decades, shaped by judicial activism, legislative reforms, and government policy. Constitutional guarantees such as Article 21 (right to life and dignity) and Article 39A (free legal aid) form the foundation for victim-oriented justice. To promote uniformity and ensure meaningful rehabilitation, both central and state governments have introduced compensation and support schemes that address the financial, psychological, and legal needs of victims.

Central Victim Compensation Fund (CVCF)

To harmonize compensation practices across the country, the Ministry of Home Affairs set up the Central Victim Compensation Fund in 2015. The fund functions as a national umbrella mechanism operating under Section 357A of the Code of Criminal Procedure, which requires the Union and States to frame victim compensation schemes.

  • Objective: The CVCF supplements the financial capacity of States and Union Territories and ensures that compensation awarded to victims of serious offences—such as rape, acid attacks, human trafficking, and sexual offences against children—is fair and uniform nationwide. It addresses disparities in compensation amounts and supports states that lack sufficient funds or infrastructure.
  • Financial Structure: The Fund began with an initial allocation of ₹200 crore and is managed by a committee chaired by an Additional Secretary in the Ministry of Home Affairs. States receive a one-time grant to operationalize or enhance their Victim Compensation Schemes (VCS).
  • Administration and Monitoring: State Legal Services Authorities (SLSA) and District Legal Services Authorities (DLSA) process applications, verify documents, and disburse the sanctioned amount. NALSA oversees implementation, ensuring consistency across jurisdictions.
  • Illustration: The CVCF Guidelines prescribe baseline compensation norms, for instance, a minimum of ₹3,00,000 for rape survivors and ₹5,00,000 for victims with severe acid burns (over 50% disfigurement). These guidelines serve as a national benchmark for state-level schemes.

State Victim Compensation Schemes (VCS)

In compliance with Section 357A CrPC, every state and union territory has notified its own VCS to offer financial assistance to victims or their families in cases of injury, disability, or death resulting from criminal acts.

  • Statutory Mandate: Section 357A (1) explicitly requires states to develop victim compensation funds in coordination with the central government. These schemes are intended to ensure that victims receive relief even when the offender is untraceable, insolvent, or acquitted.
  • Procedure and Access: Applications are submitted before the SLSA or DLSA, which verify the nature of the crime, losses suffered, and the urgency of medical or rehabilitative needs. Legal aid authorities also assist victims who are unable to file claims due to economic hardship, disability, or lack of documents.
  • Practical Examples: Delhi Victim Compensation Scheme, 2018: Offers up to ₹7,00,000 to rape survivors and ₹8,00,000 to victims suffering 50% or more acid burn injuries.

Maharashtra VCS, 2017: Provides up to ₹5,00,000 for grievous injuries, including acid attacks.

Tamil Nadu Victim Compensation Scheme, 2013: Extends compensation and rehabilitation support to survivors of sexual assault and human trafficking.

Rehabilitative Measures for Victims of Crime

1. Mental and Physical Healthcare

Victims often suffer severe physical injuries and silent psychological trauma such as PTSD, anxiety, and depression. To address this, the National Mental Health Programme (NMHP) and District Mental Health Programmes (DMHP) provide trauma counselling and psychiatric care through community health centres.

The One Stop Centre (OSC) Scheme, launched by the Ministry of Women and Child Development, delivers emergency medical treatment, counselling, shelter, and police assistance to victims of gender-based crimes. This integrated approach prevents re-victimization during recovery.

Case Example: Delhi Domestic Working Women’s Forum v. Union of India — the Supreme Court held that psychological support and counselling are an essential part of rehabilitation for sexual assault survivors.

 2. Community and Social Reintegration

Rehabilitation also requires restoring dignity and social acceptance. NGOs and community organisations provide vocational training, employment, education, and long-term counselling.

  • The National Commission for Women partners with counselling centres and shelters to support women victims of violence.
  • Mission Shakti and Mission Vatsalya support women and child victims through counselling, schooling, and skill development.

Real-World Example: The Chhanv Foundation, under the “Stop Acid Attacks” campaign, has rehabilitated acid attack survivors by offering jobs, education, and peer-support groups, helping victims regain confidence and social belonging.

 3. Legal and Judicial Assistance

Navigating the justice system is often overwhelming for victims. Under the Legal Services Authorities Act, 1987, NALSA, SLSA, and DLSA provide free legal representation and assistance in filing compensation claims under Section 357A CrPC.

The Witness Protection Scheme, 2018, approved in Mahender Chawla v. Union of India, ensures anonymity, relocation, and financial security for victims and witnesses during trials—preventing threats, coercion, or secondary victimization.

 4. Financial Assistance and Compensation

Compensation allows victims to rebuild their livelihoods, cover medical expenses, and manage long-term rehabilitation costs. Assistance is provided under the:

  • Central Victim Compensation Fund (CVCF)
  • State Victim Compensation Schemes (VCS)

Judicial Trend: In Ankush Shivaji Gaikwad v. State of Maharashtra, the Supreme Court held that courts must consciously consider compensation as part of sentencing, treating restitution as a judicial obligation rather than a discretionary act.

5. Shelter and Protection Homes

Victims of sexual offences, trafficking, and domestic violence are provided temporary or long-term accommodation through:

  • Swadhar Greh Scheme – shelter, food, clothing, counselling, and legal aid to abandoned or abused women.
  • Ujjawala Scheme – rescue, rehabilitation, and reintegration of victims of human trafficking, along with vocational training and long-term care.

Example:
Under Ujjawala, several rescue homes in Uttar Pradesh and West Bengal have reintegrated trafficking survivors through formal education and employment placements.

 6. Education and Skill Development

To ensure long-term rehabilitation, many schemes provide educational assistance and job-oriented training. Survivors who were forced to drop studies due to violence are encouraged to resume schooling, while adults receive skill training for employment and economic independence.

Example:
The “Sheroes Hangout Café” in Agra offers employment to acid attack survivors, allowing them to earn independent livelihoods and restore self-confidence.

Real world impact of Rehabilitative measures

  1. Improved Physical and Mental Recovery: Access to counselling, trauma care, and medical treatment helps victims overcome PTSD, depression, and anxiety.

Example: Survivors receiving support under the One Stop Centre Scheme show higher recovery rates and reduced trauma due to counselling, shelter, and medical assistance provided in one location.

  1. Greater Participation in Criminal Trials:  When victims receive legal aid, counselling, and protection from intimidation, they are more willing to testify.

Example: After the Witness Protection Scheme, 2018, witnesses in sexual assault and organized crime cases are provided relocation, identity protection, and financial support, leading to better cooperation and increased conviction rates.

  1. Economic Rehabilitation and Independence: Compensation and livelihood programmes help victims rebuild financially, especially those unable to work due to injury or social stigma.

Example: Acid attack survivors trained and employed through the Chhanv Foundation and Sheroes Hangout Café have secured long-term employment and financial independence.

  1. Reduction of Social Stigma and Isolation: Community-based counselling, support groups, and NGO involvement help victims re-integrate into society and rebuild confidence.

Example: The Stop Acid Attacks campaign created public awareness and social acceptance, enabling survivors to live with dignity and re-enter public life without fear of discrimination.

  1. Improved Access to Justice: Free legal aid and assistance in filing compensation claims ensure that victims who are economically weak can still pursue justice.

Example: Under NALSA and DLSA, victims receive free legal representation and help in filing claims under Section 357A CrPC, reducing delays and bureaucratic hurdles.

  1. Holistic Recovery and Long-Term Empowerment: Comprehensive rehabilitation—medical, psychological, legal, and financial—supports long-term healing rather than temporary relief.

Example: Survivors of human trafficking rehabilitated under the Ujjawala Scheme receive shelter, education, and vocational training, helping them regain autonomy and reintegrate safely into society

AI-Based Tools Supporting Victims of Crime

Technology has become an important component of modern victim-support systems, and Artificial Intelligence (AI) is increasingly being used to strengthen reporting mechanisms, investigation processes, and rehabilitation services. AI-enabled tools provide anonymity, speed, and accessibility, especially for victims who are afraid to report crimes in person due to social stigma or threats from offenders.

  1. AI-Enabled Reporting and Helpline Platforms: AI-powered chatbots and digital helplines allow victims to register complaints confidentially, obtain legal guidance, and access emergency assistance.
    Example: The National Commission for Women operates AI-integrated WhatsApp helplines for cyber harassment and online abuse, enabling rapid documentation and forwarding of complaints to authorities.
  2. Predictive Policing and Crime Mapping: Machine-learning tools analyse crime data, CCTV feeds, and behavioural patterns to identify potential threats, repeat offenders, and high-risk areas. This enhances police response and helps in locating missing persons, especially in human-trafficking cases.
    Example: Several Indian metropolitan police units use AI-based facial-recognition systems to identify suspects and trace victims in trafficking and kidnapping cases.
  3. Digital Evidence Analysis and Case-Building: AI software assists in scanning videos, call records, social-media patterns, and electronic evidence, reducing investigation delays and strengthening prosecutions.
    Such tools are particularly useful in cases involving cybercrime, child exploitation, and organised criminal networks.
  4. AI-Based Trauma Counselling and Mental-Health Support: Virtual therapy platforms use AI to provide counselling, psychological first aid, and crisis intervention, which is crucial for victims experiencing anxiety, PTSD, or depression. During the COVID-19 lockdown, AI-supported mental-health applications became an important resource for survivors unable to access hospitals or NGOs physically.

RELATIONSHIP BETWEEN VICTIM AND OFFENDER

The relationship between a victim and the offender refers to the kind of connection they share before the crime takes place. This connection may be distant—as between strangers—or extremely close, such as between family members or intimate partners. Understanding this relationship is essential in victimology because it influences the nature of the crime, the emotional trauma faced by the victim, the willingness to report the offence, and the type of support the justice system must provide.

In many modern criminal cases, the victim and offender are not complete strangers. They often know each other—sometimes as friends, relatives, co-workers, neighbours, or romantic partners. This makes the crime more personal and often harder for the victim to deal with emotionally.

1. Crimes by Strangers

In some cases, the victim has no prior connection with the offender. This is common in thefts, robberies, mugging, or random assaults. Victims of such crimes usually develop fear of public places or unknown people. However, they are more likely to report the incident because there is no social relationship holding them back.

2. Crimes by Acquaintances

Here, the offender is someone the victim knows casually—such as a neighbour, colleague, classmate, or distant relative. These crimes occur in social spaces where trust already exists. The victim often feels confusion, embarrassment, or betrayal. Reporting becomes difficult because they fear judgement, community pressure, or not being believed.

3. Crimes within Family or Intimate Relationships

This category involves very close relationships—spouses, partners, parents, or other family members. Crimes like domestic violence, marital rape, child abuse, and emotional cruelty fall here. The trauma is much deeper because the violence comes from a trusted person. Victims often remain silent due to emotional dependence, financial constraints, or social stigma.

4. Crimes involving Power or Authority

Sometimes, the offender misuses a position of power like a teacher, employer, police officer, or religious leader. The victim feels trapped and powerless. Fear of retaliation or damage to reputation prevents them from reporting the crime.

CONCLUSION

The relationship between a victim and an offender plays a crucial role in understanding the nature of crime, its emotional consequences, and the challenges faced in seeking justice. Crimes committed by strangers often lead to fear and insecurity, but are more likely to be reported. In contrast, offences by acquaintances, intimate partners, or family members create deeper psychological trauma and are frequently hidden due to shame, dependence, or social pressure. When the offender holds a position of authority, the victim’s vulnerability increases, making reporting even more difficult.

Recognising these dynamics, the justice system and victim-centred laws now focus not only on punishing offenders but also on protecting survivors. By providing counselling, legal aid, witness protection, and rehabilitation, the system aims to reduce secondary victimization and encourage victims to participate fearlessly in legal proceedings. Ultimately, a deeper understanding of the victim–offender relationship helps build more compassionate policies, strengthens access to justice, and ensures that the legal response addresses both punishment and healing.

REFERENCES

1. Journal Articles

2. Newspaper Articles

  • Piyush Srivastava, India’s Witness Protection Scheme Faces Implementation Hurdles, The Hindu (Jan. 14, 2023).
  • Rituparna Chatterjee, Why Acid Attack Survivors Still Struggle for Compensation, Indian Express (Mar. 16, 2024).

3. Internet Sources

4. Cases

  • Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14.
  • Laxmi v. Union of India, (2014) 4 SCC 427.
  • Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770.
  • Mahender Chawla v. Union of India, (2019) 14 SCC 615.
  • State of Punjab v. Gurmit Singh, (1996) 2 SCC 384.

5. Statutes & Government Guidelines

  • Code of Criminal Procedure, 1973, § 357A.
  • Protection of Women from Domestic Violence Act, 2005.
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Witness Protection Scheme, 2018 (Approved by the Supreme Court of India).
  • One Stop Centre Scheme, Ministry of Women and Child Development, Govt. of India.
  • National Mental Health Programme, Ministry of Health & Family Welfare.

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