CHAPTER II

THE CONCEPTUAL AND THEORITICAL DEVELOPMENT OF

VICTIMOLOGY
2.1 AN OVERVIEW
In the introductory chapter we have mentioned that concept of victim justice and victimology
is of recent development in criminal justice administration. The position of victim was at the
early development of criminal justice to some extent recognized in the matter of inflicting
punishment but that was not in the notion of victims position in contemporary criminal justice
system. In this chapter, therefore, we will describe the conceptual and theoretical development of
victim justice and victimology in historical perspective. The study will be discussed under the
following headings:
A. Seeds of the concept of victim, victim justice, and victimology
B. Contribution of social forces towards development of victim justice.
C. Contribution of thinkers of victimology
Victimology, though, initially, germinated from criminology, but has developed today into a
full grown discipline. In recent times, there has been a discernable interest in the plight of crime
victims and launching a movement towards integrating or reintegrating them into the criminal
justice system. But the identification and consideration of victims in the criminal justice system
can be traced even during the Hamurabi Code. Since 1940s Victimology has grown with the
passage of every decade. Like any other discipline, this too has been influenced and affected by
various events e.g. the world war, feminist movements, the human rights movements. The
various typologies of victims formulated by various authors reflected the perception about the
victims during the said period. Victimology though not yet grown into full maturity but has truly
grown far beyond from where it started. Victimology today is just not concerned with the study
of victims of crime but it includes study of any individual whose basic human rights or legal

27

rights are sacrificed, victim assistance services and policies, reintegration and rehabilitation of
victims and much more.
According to Edwin. H. Sutherland Criminology is the development of general and verified
principles and concerns with the knowledge about the crime, the legal process and treatment of
offenders. The criminological study focuses on the etiology of crime and criminal characteristics.
On the other hand, victimology is the study of the victim, including the offender and society.
Victimology views crime, law, criminal and the victim from a socio structural perspective.1
However research also shows that the credit of coining the term victimology has been
assigned to Benjamin Mendelsohn in 1940, when he proposed that the discipline has the
potential of developing into an absolutely fresh branch of study and not remain just as a branch
of criminology.2 The term victimology consists of a Latin word victima, which implies a
victim and a Greek word logos which means a system of knowledge. Thus, we can derive that
victimology is a system of knowledge about victims. In 1993, at the International Congress on
Criminology in Budapest, Ezzat Fattah critically remarked that victimology would lead to
harsher punishments. According to him victimology would stand for a conservative excessive
law and order ideology. In response to this observation, Kirchhoff clarifies that Victimology is a
science and it analyses those events which were condemned by Fattah.3
However, in the view of some thinkers, victimology is considered as a movement. A
movement is concerted bundle of social activities which has a definite direction and tendency.
Thus, a movement is not the science but is an object of scientific analysis and interpretation.
According to Prakash Talwar, Victimology is described as the independent study of the
relationships and interactions between offender and victim before, during and after the crime.
The focus of victimology is always the person of the victim.4 Victimology as defined by

Ann Wolbert Burgess, Cheryl Regehr, et.all., Victimology Theories and Applications 05 (Jones and Bartlett
Publishers, Sudbury, Massachusetts, 2010)
2
Id, at 38
3
Kirchhoff,G.E., What is victimology, Monograph Series No.1, Tokiwa International Victimology Institute, Seibundo
Publishing Co, Tokyo, 2005
4
Victims
and
the
Law
:
A
Socio-Legal
Study
Available
at
shodhganga.inflibnet.ac.in/bitstream/10603/7936/6/06_summary.pdf, last visited on 16.6.2014

28

Schultz (1970) defined victimology in the context of victims welfare.5 According to Parsonage
(1979), both the offender and the victim have functional role and responsibilities.6 Shinder
(1982), focused on the process of victimization.7
Victimology emerged as a distinct field of study based on the research of Benjamin
Mendelsohn and Hans Von Hentig in the 1940s and 1950s. Victimology originally was
considered a branch of criminology. The early criminologists and victimologists had their focus
on writing and analyzing the types of victims of crime, how a victim contributes either
knowingly or unknowingly towards their own victimization. Von Hentig in his work identified
the different categories of individual who appeared to be prone to victimization. The doctoral
dissertation of Mervin Wolfgang (1950) at the University of Pennsylvania in the 1950s based on
Von Hentigs theories found that the majority of criminal homicides in Philadelphia were victim
participated since, the victim either provoked the perpetrator of the crime or it was unconscious
desire to commit suicide which motivated the victim. Such findings did not have a very positive
impact on the development of victim rights jurisprudence since it resulted in misunderstanding of
the condition of crime victims.8

2.2 HISTORICAL DEVELOPMENT OF VICTIM, VICTIM JUSTICE

AND VICTIMOLOGY
Early ritual literature from all regions of the world provides clues to the study of sacrifice and
of its victims: human, divine, animal, or inanimate. Mythological and epic sources provide ample
evidence to the existence of different types of sacrifice and victims, and they include clear
symbolic elements that are connected to the rituals and practice.9The concept of victim emerges
from the concept of justice. Victim belongs to all cultures because it is significantly connected
with the idea and practice of sacrifice. During primitive times, social control or justice was
primarily accomplished through individual acts of revenge, with victims or families of victims

G.S.Bajpai, Victim in the Criminal Justice Process: Perspectives on Police and Judiciary 11 (Uppal Publishing House,
New Delhi, 1997)
6
Id., at 11-12
7
Id.
8
Supra n.1, at 06
9
Supra n.1, at 31

29

taking the law into their own hands and, in effect, donning the role of judge, jury, and
executioner. The idea of restitution or compensation was also implemented as a means of
increasing punitive sanctions against an offender. Recorded history documents the early view
and practice of justice and how victims and their families were protected by their rules and codes
of laws of the times. The Code of Hammurabi (1786 B.C.), for example, represented a system of
restitution based on revenge and cruelty (it was not uncommon for a thief to have his own hand
cut off) and required a victims family and community to assume responsibility for aiding the
victim if the offender was unable to be brought to justice.10 This Code has special importance for
its concern for the rights of the victims. It may have been the first victims rights statute.
However it was relatively short lived.11
During the Rig Vedic period, the power to punish the offender vested with the victim.12
The ancient Hindu law framers like Manu had complete knowledge of the importance of
providing compensation to the victims of crime.
It is found that Manu has provided reparation to the victim of crime, apart from making
the payment of fine to the king (the state). Compensation to victim of crime for the injury
suffered was also provided in the law of Vishnu and Yajnavalakys. As per ancient laws,
Yajnavalakys, Narada and Brihaspati provide for an amount of compensation double the amount
of purchase money and a fine of an equal amount in cases when sale of goods was made
fraudulently or people knowingly and intentionally do not disclose the defect of the goods. As
provided in Manusmriti and some other Smritis, during the Vedic period, Varna was the basis
of administration of justice and infliction of punishment was carried on. Adjudication of crime
was made with regard to the class and status of the victim and the person who committed the
crime. Higher the varna of the victim, higher was the imposition of the penalty and vice
versa.13 The Dharmasutras of Baudhaayana and Aapastamba provide that the expiatory fine in
10

Supra n.1, at 35
Harvey Wallace and Cliff Roberson, Victimology Legal, Psychological and Social Perspectives 05 (Prentice Hall,
New Jersey, 2011)
12
D.Banerjea, Criminal Justice India Series, Volume 17, Chandigarh, Part 1 108 (Allied Publishers Pvt.Ltd., New
Delhi, 2005)
11

13

Manusmriti: A Critique of the Criminal Justice Tenets in the Ancient Indian Hindu Code, available at
http://www.erces.com/journal/articles/archives/v03/v03_05.htm, last visted on 15.5.2014.

30

case of murdering a kshatriya was thousand cows and one bull while in case of a sudra was only
ten cows and a bul.14 But, the provisions of Katyayana Smriti said that in case a Kshatriya was
guilty of an offence, the punishment that would be awarded on a kshatriya was to be double the
penalty that would be imposed on a Sudra for a similar offence.15
Restitution and atonement was recognized even during the Islamic period.16 During the
muslim rule, importance was laid on the administration of criminal justice and reforms were
introduced for the betterment of the judiciary. During the period of Sher Shah Suri, village
councils were recognized who were required to pay the victims in case of robberies and the
resulting losses suffered by them.17 Under Islamic penal Law, there was direct involvement of
the victim accuser in the criminal justice process. During this period, punishment was classified
into four categories namely kisa18, had19, tazeer20 and diya.
Diya meaning blood money payable to the victim was applicable to certain cases
including those which fell within the ambit of kisa. 21 In cases which fell within the scope of kisa,
the victim could exchange his right to inflict injury for diya.22
Prior to 1066 Norman Conquest, England had a much decentralized legal system. During
this period, society viewed crimes as personal wrongs unlike the teachings of the Code of
Hammurabi. When an offence was committed, the victim or his family received compensation.23
By end of the Middle Ages it was generally recognized that personal revenge was neither
appropriate nor adequate and that an injured party should instead seek recourse systematically

14

Aspects of Justice in Ancient India By Frederic B. Underwood Journal of Chinese Philosophy V. 5 (1978)
pp. 282 Copyright 1978 by D. Reidel Publishing Co.
15

The Constitution and the Criminal Justice Administration, by Dalbir Bharti, A.P.H. PUBLISHING CORPORATION,
New Delhi, 2002, pg 21 Available at http://dalbirbharti.com/CRIME%20AND%20JUSTICE%20for%20PDF.pdf, last
visited on 15.5.2014
16
Bharat Bhudan Das, Victims in the Criminal Justice System, 39 (APH Publishing, New Delhi,1997)
17
Supra n.15 at 23
18
retaliation meaning life for life and limb for limb
19
It related to punishment for offences considered to be committed against God
20
It meant punishment in such cases which were not covered under hadd and kisa
21
Supra n.15 at 28
22
Id.
23
Id., at 06

31

via civil law. Frequently, however, this created postponement of compensation for the victim or
worse subjugation of a victims needs to the more immediate needs of the state.24
In the early 1700s, Indian tribes responded collectively to criminal offences with tribal
law tending to view any transgression against an individual as a transgression against the entire
tribe or clan. The tribe, in essence appropriated a victims concerns and whether the communal
response included a long standing blood feud, vendetta, or even monetary reparation, the core
purpose was not the restoration of any moral order but rather the reestablishment of tribal
authority and the securing of optimal conditions for survival of the tribe as a whole.25
Victimology in its simplest form deals with victims of crime.26 The problems of criminal
victim relationships were not unknown to academics who wrote on crime, yet for centuries
victim was the most neglected subject in the study of crime and in the administration of
criminal justice system.
2.2.1 TYPES OF VICTIMOLOGY
Various Criminologists and Victimologists discussed the subject of victimology based on
different experiences of the Criminal Justice Administration27.
According to Fattah (1989) victimology could be categorized into(1) Humanistic Victimology: It deals with actions which fight for the cause of human rights

of victims of crime.
(2) Scientific Victimology: It concerns with academic research and activities which leads to

the development of victimology as an independent discipline (Karmen, 1990)

Scheneider (1991) classified victimology into:
(1) One as a sub- discipline of criminology which censures about victims of crime and
24

Supra n.1, at 35-36

Supra n.1, at36
26
Supra n.7, at 02
27
Dr.N.K.Chakrabarty, Conceptual development of Victimology in the Criminal Justice System: International and
National Perspective, The Indian Journal of Criminology and Criminalistics, VolXXVIII, Issue No.3, 10 (Sept-Dec
2007).
25

32

(2) Study of Victimology as an independent discipline from human rights perspective.

However, according to Walklate, as provided in Critical Victimology, , Victimology can be

classified into:
(1) Positivist Victimology: In the words of Miers (1989), the chief exponent of
positivist victimology, positivist victimology concerns with interpersonal offences.
Karmens (1990) has made similar observation in his conservative victimology and
Walklate (1989) in conventional victimology. It mainly focuses on street crimes. Conservative or
conventional victimology largely neglects victimization due to corporate crimes.28
(2)

Radical Victimology29: Radical Victimology has its origin in the works of Mendelsohn.

It grew with the help of contributions of Quinney (1972), Mathews and Young (1986),
Friedrichs (1983) and others from 1960s to 1980s. In the opinion of Quinney, victims of police
force, the victims of war, the victims of the correctional system, the victims of state violence
and the victims of oppression of any sort are the major areas of concern for radical victimology.
The radical ideas raised some issues like:
(i) Development of research agenda was very limited out of radical victimology.
(ii) While it recognized the

potency of law and the state to oppress but it failed in

considering the society as an innately consensual

(iii)

It has failed in considering other features of victimization process, like race, gender,
age, etc, apart from class. It has also failed to observe that all law is not directed towards
any specific objectives of capitalist nature.

(3) Critical Victimology: Critical Victimology has been mainly developed in order to formulate
solutions of some of the difficulties associated with positivism. Critical victimology mainly
studies who possesses the power to apply the label and what are significant considerations in

28
29

Id., at 11
Id, at12.

33

that determination.30 Proponents of critical victimology opine that victimology fails to question
the basic foundations of what crime is and overlooks why certain acts are sanctioned, this
consequently has caused it to developed in the wrong direction. Critical victimology centres
around the issue of how and why certain actions are defined as criminal and, how the entire
field of victimology becomes focused on one set of actions instead of another.31Critical
Victimology attempts to examine victims in social context.32
Jan. J.M. van Dijk in his article33 talks about two forms of victimology, namely Penal
Victimology and General Victimology.
Penal Victimology: The influence of the victimologists who pioneered the study of this domain
made a strong contribution towards the development of penal victimology. Penal victimologist
concerns with the study of illegal criminal acts. Research in this field deals with data related to
causation of crime, victim-offender interaction and such other issues where there is a direct
contact between the offender and the victim. Penal victimology is also known as interactionist
victimology. Penal victimologists are generally not very keen in providing professional
assistance to the victims.
General Victimology: Mendelsohn advocated for the development of such a victimology which
would be free from criminal law and criminology and aim at reducing the sorrows and sufferings
of men. He emphasized that the field of victimology should include victims of accidents, natural
disasters and other acts of god. Thus this category of victimology does not consider victims of
crime only but also considers. It can be said that it is assistance oriented victimology, since it
aims at helping the victims rather than merely studying and interpreting the victims.
The outline of Genaral victimology was provided by Mendelsohn during his famous
Colzea speech in 1947. In his opinion, the focus of victimology should be on all kinds of victims,
their suffering and treatment. Later, a detailed version of the concept was published in French

30

Id., at 12-13.
William G. Doerner and Steven P.Lab, Victimology, 15-16 (Lexis Nexis, Newak, 2005).
32
Supra n.27, at 13.
33
Available at http://arno.uvt.nl/show.cgi?fid=122015, last visited on 04.05,2013.
31

34

language. While representing diagrammatically, general victimology was symbolized by a circle

which was separate and independent from another circle which symbolized criminology.34

General Victimology
Mendelsohn (29.3.1947) (Figure 2.1)

According to Mendelsohn, since there are numerous causes responsible for human suffering,
having a restricted focus on criminal victimization was considered a very narrow perspective. He
thought, term, general victimology would convey the real meaning of the discipline.35 He
developed victimology very systematically. Published in 1958, his six demands portray the
vision of this new science.36 They were:
1. The focus of victimology must be on all victims, their suffering, treatment. He wanted it
to develop as a science in its own right.
2. There was need for victimology to have its own journal. (Emilio Viano from 1975 to
1985 edited Victimology, an international Journal. It was the first journal dealing with
victimology. Today there are numerous journals on the discipline).
3. There was a necessity for this discipline to have its own institute. As documented by
Kirchhoff, Tokiwa International Victimology Institute fulfills this requirement. Earlier
institutes which existed did not employ permanent research staff nor had a permanent
research agenda.
34

Supra n. 3
Supra n.31, at 14
36
Supra n. 4
35

35

4. A need for an international society of victimology was also felt. World Society of
Victimology (WSV) was found in 1979 in the 3rd International Symposium on
Victimology in Muenster, Germany. Hans Joachim Schneider was the first President,
John P.J.Dussich, the secretary general, Sarah Ben David the treasurer and Israel
Drapkin, Gerd Ferdinand Kirchhoff, Koichi Miyazawa, Zvonimir Paul Separovic and
Irwin Waller were the founding members.
5. Similarly, there was also a need for international symposia. The series of International
Symposia on Victimology was started in Jerusalem in 1973 and was continued in Boston
in 1976.
6. Desire for victimological clinics was also expressed. However, instead of victimological
clinics, victim assistance centers have developed round the globe.
It is mainly related to the legal representation of the victims' and their access to some social
services in developed countries. General victimology has also been subject to political criticism.
It mainly argues that people sustain some minor difficulty may also be included within the ambit
of victims and ignore the personal responsibility.37 It can be said that General Victimology,
focuses on assistance or treatment rather than on the analysis of the genesis of the victimization.
Dijk, suggested assistance-oriented victimology as an alternative name for it.
According to Van Dijk some clinical studies related to victims of crime have completely
neglected the problems of the victims from the aspect of criminal law and instead, focuses on the
patient's clinical symptoms in the nature of medical profession.
2.2.2 NEWER DIMENSIONS OF VICTIMOLOGY
The modern day concept of newer dimensions of victimology includes people who are
bereft of their basic rights due to factors like natural disaster, war, accidents etc. In these cases
also, the resultant victimization is not a product of any criminal act committed against the victim.
In these cases, victimization mostly is caused as the individuals suffer on account of an event
which was beyond their control or was committed without any mens rea. Victimization due to
37

Miomira Kosti , Victimology: A Contemporary Theoretical Approach to Crime and its Victim, 8:1 Law and
Politics 73 (2010).

36

issues like climate change, disaster management concerns, rehabilitation package and schemes
for victims of development induced displacement are very significant in this respect.
An example of newer dimensions of victimology is the disastrous flash floods and
torrential rain that hit Uttarakhand during 2013 which caused immense loss to life and property
of the local people and the tourists and pilgrims visiting the region. Several measures were
adopted by the State for the rehabilitation of the victims of flood and the destruction of the
region. Union minister Jairam Ramesh in the presence of Uttarakhand chief Minister Vijay
Bahugana had announced the following for the purpose of rehabilitation of the victims38. The
announcements were:
1.

The state government would take care of the orphaned children.

2.

Instead of 100 days guaranteed employment under MNREGA scheme 150 days

guaranteed employment would be provided to the people of Uttarakhand

3.

Setting up of Uttarakhand Rehabilitation And Redevelopment Authority.

4.

All commercial establishments inclusive of dhabas and road side small eateries would be

brought under the relief scheme.

5.

One-time relief of Rs. 500 each to school students and Rs 1000 each to college students

would be given.
6.

Interest on loans to be deferred for a year.

7.

Families in the affected areas would be provided with electricity and water free of cost.

8.

Compensation of Rs. 50,000 to 1 lakh will be given to small industries and Rs. 2 lakh as

compensation to small hotels

9.

Under PM Gram Sadak Yojana, funds would be allocated for the reestablishment of road

connectivity in 1400 villages in Uttarakhand.

38

http://www.ndtv.com/article/cheat-sheet/uttarakhand-rehabilitation-redevelopment-authority-to-be-set-upsays-chief-minister-vijay-bahuguna-386422, last visited on 24.5.2014

37

10.

Under Indira Awas Yojana extra 14000 houses were to be built.

The state government of Uttarakhand after a month of the calamity disbursed cheques of

Rs 5 lakhs to each of the families of 51 people of the state who lost their lives in the flood.
Central Government contributed Rs 3.5 lakhs towards each of these payments and the rest was
by the state.39
Another example is the monstrous Tsunami which hit the coast of India on 26th of
December, 2004, caused havoc destruction to life and property. For the purpose of Reviving and
rehabilitating the families of agriculture and allied sector of Andaman and Nicobar Islands,
Rajiv Gandhi Rehabilitation Programme (RGRP) was implemented by the Andaman and
Nicobar Administrations, for which the Central Government had approved a package of Rs.
821.88 crores. A study conducted to assess the economic impact of rehabilitation schemes for the
farmers affected by Tsunami, shows that it has been beneficial for the farming community of
those islands as it has improved their income and generated employment.40 Prime Ministers
National Relief Fund had sanctioned a total package of Rs 13.08 Crores for the purpose of
rehabilitation of victims of Tsunami. Child assistance schemes and scholarship schemes were
also under implementation. A special package of Rs 3452 Crore was approved by the Central
Government for the reconstruction and rehabilitation of the damaged infrastructure which was
badly affecting the life of the victims of the natural calamity. Apart from this various other
initiatives were also undertaken for improving the quality of life of the affected people and
revival of the place.41
The construction of dam over river Narmada also gave birth to various human rights
issues concerning the victims of development induced displacement. In this case, the Supreme
Court while discussing the issue of compensation to the displaced victims had said that
rehabilitation does not only concern about providing food, clothes and shelter but also includes
extension of support to help such victims rebuild their livelihood. It was said to be a corollary to

39

http://archives.deccanchronicle.com/130716/news-current-affairs/article/month-after-tragedy-uttarakhandgovt-starts-paying-compensation, last visited on 24.5.2014

40
Available at http://eprints.cmfri.org.in/9340/1/Sethi_SN.pdf, last visited 24.5.2014
41
Post Tsunami Relief, Rehabilitation And Reconstruction measures in Andaman & Nicobar islands, available at
http://www.and.nic.in/Announcements/post-tsunami.pdf, last visited 24.5.2014

38

Art 21.42 The nature of rehabilitation package offered in this case was land for land in place of
cash compensation.
Therefore the concern for the victims of such natural calamity or such other acts, which are
non criminal in nature but result in robbing the people of their basic rights, livelihood, security
etc and the Governments response towards their rehabilitation as an obligation on their part, is a
manifestation of this form of victimology. The sufferers are victims as their rights are sacrificed
and it is the role of welfare state which requires the state to provide for such rehabilitation.

2.3 CONTRIBUTION OF INDIAN JUDICIARY

Krishna Iyer J. in Rattan Singh v. State of Punjab43 lamented, In fact, the victim reparation
is still the vanishing point of our criminal law. This is the deficiency in the system, which must be
rectified by the legislature.44
An analysis of the working of the Indian judiciary shows that the traits of compensatory
jurisprudence existed in India, even prior to the 1985 UN Declaration. In Sukhdev Singh v. Lal
Chand45, a single Bench of the Punjab High Court directed, if the compensation is not paid
within three months the respondents would be called upon to serve the sentence imposed by the
learned trial court. It was submitted that this case was not correctly decided. There can be
penalty for default of payment of compensation. In Bhim Singh v. State of Jammu and Kashmir46,
it was stated, the right to award monetary compensation by way of exemplary costs otherwise is
now established by the decision of this court in Rudal Shah v. State of Bihar and Anr47 and
Sebastian M.Hongray v. Union of India48. Hussainara Khatoon & Ors v. Home Secretary, State
of Bihar49 recognized victimization due to abuse of state power. The case felt the need to address

42

Narmada Bachao Andolan v. Union of India AIR 2000 SC 3751.

AIR 1980 SC 84
44
Dr Dipa Dube and Bhagwan R.Gawali, Reparative Justice for Rape Victims in India 1:1 IJARMSS 257 (2012).
45
(1986) 1 Crimes 495 (P&H)
46
AIR 1986 SC 494
47
1983(3) SCR 508
48
1984 AIR SC 1026
49
1979 AIR 1360
43

39

and redress such grave violation of basic human rights which directly infringed the fundamental
right to live with dignity under Art. 21
Victimological jurisprudence in India was largely influenced by the liberal interpretation of
Article 21 of the Indian Constitution. The judicial activism of the Apex Court gave birth to the
realization of the rights of the victims, in India, in reality. Though most of these decisions
highlighted victimization in the course of criminal justice process and these victims in many
cases were the offenders themselves, but the jurisprudential contribution of the Apex Court was
the development of victimological jurisprudence.
At times its unintentional disrespect for human rights (Mathura Rape Case, 1979)
which triggered an unprecedented movement for the protection of human rights or at times its
genuine genius in designing models of rehabilitation schemes or laying down certain guidelines
with the objective of respecting international standards to uphold the right and dignity of every
individual which ultimately became instrumental in conceiving a victim justice oriented
environment in the criminal justice administration system in India.

However, the legislative structure in India cannot be said to be completely ignorant of the
interests of the victims. Rules of evidence, as provided in sections 151 & 152, Indian Evidence
Act, 1872, protect victims and witnesses from being asked indecent, scandalous, offensive
questions, and questions intended to annoy or insult them. As provided in Section 312, Code of
Criminal Procedure, 1973, Criminal courts are also under an obligation to order for payment of
reasonable expenses incurred by the witness or complainant for the purpose of attending the
court. Due to judicial activism, some protective measures during trial, like holding in camera
trial, suppression of identity of the victim, are being provided for victims and witnesses.
Provision like in camera trials, are very helpful at times when the testimony of the witness /
victim may be subject to the possibility of being vitiated by a hostile court atmosphere.
Suppressing the identity of a victim or witness, helps to protect and secure privacy of the
individual. The recording of evidence through video conferencing has also been encouraged by
the Supreme Court. Thus, the contribution of the Judiciary towards the goal of victim justice in
India is enormous and either can it be neglected or overlooked.
40

2.4 CONTRIBUTIONS BY THINKERS

Benjamin Mendelsohn: The term victimology was coined by Mendelsohn.50 As a practicing
attorney, during the course of his preparing a case for trial, he would conduct in-depth interviews
of victims, witnesses and bystanders. The accused along with all the others who had knowledge
of the crime were given questionnaire. Based on these studies, in 1963, Mendelsohn came to the
conclusion that the offender and the victim usually shared a strong interpersonal relationship. He
further, developed a typology of victim and their contribution to criminal act. He classified
victims into six distinct categories51:
1) The completely innocent victim: Such a victim may be a child, a completely
unconscious person, victim of unexpected natural disaster, victim of random or
rampage shooting.
2) The Victim with minor guilt: Such victims for example include woman who
causes a miscarriage and as a result dies or it may also include adults who become
subject to victimization for being in the wrong place at the wrong time but could
have avoided the victimization had they being cautious.
3) The victim who is as guilty as the offender: It includes those victims who assist
others in committing a crime. They are voluntary victims and share equally the
responsibility. An example may be a victim who contracted a sexually transmitted
disease from a prostitute.
4) The victim more guilty than the offender: These include such victims who cause
provocation to those who commit crime. Such victims actively participate in the
act. An example of such a victim would be an abusive husband who gets killed by
his battered wife.
5) The most guilty victim: They include such victims who due to their aggressive
acts get killed by the other person who acts in self defense. Such victims are
exclusively responsible for their victimization. They generally initiate the contact
50
51

Supra n.1, at 38
Supra n.11, at 09-10

41

and commit an act which is likely to lead to an injury. Suicides by those who are
not mentally ill also fall within this category of victims.
6) The imaginary victim: They are such persons who suffer from mental disorders
such as paranoia and believe themselves to be victims, hysterical persons or a
senile individual. In the 2009 Bighamton mass murder case52, the shooter believed
that the police and the other authorities had him under surveillance. This proved
not to be true and was an example of his paranoia and mental illness.
Hans von Hentig (18871974): In 1948, the Criminal and His Victim, von Hentig discussed the
relationship between the doer or criminal and the sufferer or victim. He concluded that the
characteristics based on the personality of some crime victims, and/or the community
environment they inhabit, may actually contribute to their victimization. He also established a
typology of victims based on psychological, social and biological factors. He established three
broad classes of victims by examining various risk factors. The typology includes the
following53:
1. The General Classes of Victims
i)

The Young: he suggested that they are not usually victims of crime for profit but
are prone to victim of attack since they are mostly weak. However, they may be
kidnapped for profit or used by criminals to commit cimes against property. In
many countries, laws are in force to protect children against sexual victimization

ii)

The Female: since numerous rules of law embody the legal fiction of a weaker
(female) and stronger (male) sex, the female sex is recognized by law as another
form of weakness.

52

A gunman invaded an immigration services center in downtown Binghamton, N.Y., during citizenship classes on
Friday and shot 13 people to death and critically wounded 4 others before killing himself in a paroxysm of violence
that turned a quiet civic setting into scenes of carnage and chaos, reported in The New York Times, April 03, 2009.
Available at http://www.nytimes.com/2009/04/04/nyregion/04hostage.html?pagewanted=all&_r=0, last visited
on 03.05.2013.
53
Supra n.11, at 10-11

42

iii)

The Old: The elder generation is considered vulnerable since they are physically
weak and mentally feeble and holds accumulated wealth.

iv)

The Mentally Defective: The feeble-minded, the insane, the drug addict, and the
alcoholic form another large class of victims. He identified mentally-ill, mentally
retarded and substance abuser as handicapped in any struggle against crime

v)

Immigrants, Minorities, and Dull Normals: he described immigrants as

vulnerable while adjusting to a new culture in that they can suffer poverty,
emotional difficulties and rejection by groups in the new country. It leads to a
feeling of helplessness in vital human relations. Criminals often understand the
immigrants disturbed situation and take advantage of it. The inexperienced, poor,
and sometimes dull immigrant, minority, or others are easy prey to all kinds of
swindlers. In case of minorities the lack of equality increases their chances of
victimization. Racial prejudices can lead to violent criminal- victim relationships.
According to Hentig, Dull normals are born victims in that the criminals and
swindlers can exploit their vulnerability.

2. The Psychological Types of Victims

i)

The Depressed: Since a depressed persons attitude is pathetic and submissive

and the person is unable to have any fighting qualities and the persons mental
resistance is reduced, he or she becomes open to victimization.

ii)

The Acquisitive: In case of such victims the extreme desire for gain causes
intelligence, business experience and inner impediments to be eclipsed. He
discussed the way criminal syndicates, racketeers, gamblers, confident men and
others exploit the need for money of the victims.

iii)

The Wanton: Often a sensual or wanton disposition requires other concurrent

factors to become activated. Lonliness, alcohol and certain critical phases are

43

process accelerators of this type of victim. Such kind of persons are dimmed
due to the generalization of laws and obscured by social conventions.
iv)

The Lonesome and the Heartbroken: Loneliness causes critical mental facilities
to be weakened and such individuals become easy prey for criminals. Similarly
the heartbroken victims are dazed by their loss and therefore become easy targets.

v)

The Tormentor: He described tormentors as being in family tragedies. Such kind

of victims becomes perpetrators. Example of such kind of victim may be the
psychotic father who might abuse his wife and children until one of the children
grows up and under provocation kills him.

vi)

The Blocked, Exempted and Fighting: This is a self imposed form of

helplessness and an ideal condition for a victim from the point of view of the
criminal. An example of this type would be someone being blackmailed and then
unable to seek the assistance of the police.

3. The Activating sufferer

i)

The Activating Sufferer: When a victim is transformed into a perpetrator and a

number of factors like certain predispositions, age, alcohol and loss of selfconfidence operate as activators on the victim, they are called activating sufferer.

Hentig in his theory said that a large percentage of victims, due to their acts or behaviour,
were responsible for their victimization. (However, this concept has been repudiated by
modern studies)
Henri Ellenberger (19051993): In his book, Relations, Ellenberger stressed on the importance
of focusing particular attention on victimogenesis rather than criminogenesis and he urged
criminologists to study dangers to which victims could be vulnerable specifically due to their
occupation, social class or physical condition.54

54

Supra n.1, at 43.

44

Stephen Schafer (1911-1976): Schafer was born in Budapest, Hungary in 1911 and earned his
law degree in 1933. After suffering persecution during World War II and later under the Stalin
regime, he was forced to resign his teaching position and left his family to England. He taught
criminology at the Polytechnic of Central London (now University of Westminster) and in 1960
he published the first edition of Restitution to Victims of Crime, the first hardbound book on the
victims. Years later, as a refugee in Britain, he was asked by the Home Office to do research and
conduct a worldwide survey on victim compensation. This revived his interest in victims and
was the basis of his first book.
He examined the work of Mendelsohn and von Hentig and made an attempt of classifying
victims based on responsibility rather than risk factors. He revisited the role of the victim in the
book. He critically noted that Mendelsohns and von Hentigs list of victim types could be
extended but that would not serve any purpose. In his opinion, a typology of criminal victim
relationships, along with the pattern of social situations in which they appear, might be more
useful. His victim precipitation typology of victims emphasized the culpability of the victim. It
included55:
1. Unrelated Victims: they are the unfortunate target of the perpetrator and the victim
bears no responsibility for his victimization.
2. Provocative Victims: In such cases the offender is reacts to something in the
behaviour of the victim and the victim shares the responsibility of his victimization .
3. Biologically Weak Victims: Age or deficit places the victim at risk for victimization
4. Socially Weak Victims: Minorities or immigrants are victimized since they do not
adjust to the culture.
5. Self-Victimizing Victims: persons who are involved in crimes such as drug use,
prostitution or gambling, whereby the victim and the offender act in concert.
6. Political Victims: They oppose men in power and are victimized in order to be kept
under control.
55

Supra n.1, at 45

45

Schafer concluded that the functional role of a victim is to do nothing to prevent others
from attempting to injure him and at the same time to actively prevent such attempts. In other
words, this is the victims functional responsibility.56
Groups created by Schafer, categorizing victims, are in many considerations variations of
those created by Hentig. The distinction between the two categorization is mainly based on
culpability of the victim. While hentig identifies varying risk factors, Schafer sets forth the
responsibility of different victims.
The importation of victimology to the United States was due largely to the work of the
scholar Stephen Schafer, whose book The Victim and His Criminal: A Study in Functional
Responsibility (1968) became mandatory reading for anyone interested in the study of crime
victims and their behaviors.57
Wolfgang (1924-1998): From 1948 to 1952 in Philadelphia, Marvin E. Wolfgang made the first
major study of victim precipitation. He focused on homicides, studying both the victim and the
offender as separate entities and as mutual participants in tehhomicide. He evaluated
homicides and found that 26% of all the homicides studied in Philadelphia involved situations in
which the victim was a direct positive precipitator in the crime the first to use force during the
acts leading to the homicide.58
Several factors which are typical of victim-precipitated homicides were identified by
Wolfgang.59 These factors were as follows:
1st, prior interpersonal relationship between the victim and the offender (eg. relationship between
spouses, members of family, close friends etc)
2nd, small disagreements escalating into situations out of control, which could either be short
term or result from a long drawn confrontation.
3rd, consumption of alcohol by the victim.
56

Supra n.11, at11.

Available at http://www.ncjrs.gov/ovc_archives/ncvrw/2005/pg4c.html, last visited on 05.05.2013
58
Supra n.31, at 9
59
William G. Doerner and Steven P.Lab, Victimology, 7-8 (Anderson Publishing, Burlington USA, 2012).
57

46

Five types of victimization has been outlined by Wolfgang (1967)60:

(i)

primary victimization

(ii)

secondary victimization:

(iii)

tertiary victimization:

(iv) mutual victimization: such victims are themselves offenders in a given mutually consensual
act (e.g., adultery); and
(v) no victimization: it is an act of very less significance as in such cases there is no immediately
recognizable victim.
Menachem Amir: A student of Marvin E. Wolfgang, analyzed Philadelphia police records on
rape incidents between 1958 and 1960. He wrote that 19% of the forcible rape cases were victim
precipitated.61
One of the risk factors he identified was that of alcohol use, especially if both victim and
perpetrator had been drinking. (His book was published as the womens movement on the rape
issue was emerging. There was considerable criticism of his work by feminists and researchers.)
Other factors as per research were seductive actions by the victim, revealing clothes worn by
victims, bad reputation etc. 62
Karmen: Karmen pointed out that victimologists view the dynamics of the victims role in
society from a multidisciplinary perspective. The development of victimology was discussed by
him. He even opined that those who study victimology concentrate their study around three main
areas:
1. They try to find out the reason of victimization.

60

Available at http://www.preservearticles.com/2012050131684/different-types-of-victims-on-the-basis-ofdifferent-criteria.html, last visited on 04.05.2013.

61
Id, at 10
62
Id, at11

47

2. Victimology also makes an evaluation of various limbs of criminal justice

administration.
3. Evaluation and reimbursement of victims losses and emotional needs.63
Mawby and Walklate: Mawby and Walklate proposed a view of victimology that they referred
to as critical victimology. These scholars have observed that many crimes committed by the
rich or the powerful or even by states are rarely considered as crimes like, abuse of power
committed by those in control of power is very seldom mentioned as a crime in the media or
other sources, rape as a weapon of war has been reported in several countries etc.64
Ezzat A. Fattah (1929- ): Victimology has undergone a rapid and fundamental evolution in the
last two decades65. The recent emphatic and dramatic developments in victimology has caused
the discipline to undergo a radical transformation. The major achievements in the applied field
eclipsed the theoretical approaches that characterized early victimology. This phase witnessed
consolidation, data gathering, theory formulation, and emergence of new victim oriented
legislations.66
In 1967, he described victims into the following five types67:
i. non-participating,
ii. latent,
iii. provocative,
iv. participating, and
v. false victims
The formal approval by the General Assembly of the United Nations of the UN
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power on

63

Supra n.11, at 12.

Supra n.11, at 13.
65
Available at http://www.unafei.or.jp/english/pdf/RS_No56/No56_09VE_Fattah2.pdf, last visited on 04.05.2013.
66
Ezzat A. Fattah, "Victimology: Past, Present and Future", Criminologie, vol. 33, n 1, 17-46 (2000) available at
http://www.erudit.org/revue/crimino/2000/v33/n1/004720ar.pdf, last visited on 04.05.2013.
67
Supra n.60
64

48

November 11, 1985, was one of the most important developments in the field of victimology.
Following the adoption of this Declaration by the General Assembly, various legislatures
across the globe adopted Victims Bills of Rights. There were more significant developments
like creation of state compensation for victims of violent crime, the re-emergence of
restitution by offender, and the establishment and proliferation of victim-offender mediation
programs, in the applied field.

2.5 VULNERABLE VICTIMS

Though any individual can be subject to victimization but there are certain category of
persons who are thought to be more vulnerable to victimization than others. The societal
structure, the economic structure, their independent characteristics are some such features which
make them more vulnerable than others. They are such individuals who are subject to lack of
power either physically or economically or socially and this power difference is the primary
cause which leads to subsequent victimization at the hands of the powerful. Such victims can be
grouped as:
i.

Elderly victims: With the rise of human rights issues, among various other issues,
concern for victimization of the elders also gained recognition. Abuse, neglect and
financial exploitation of the elders were the main cause behind such victimization. Such
victimization has been categorized into physical, emotional, neglectful victimization,
financial, sexual and self neglect.

ii.

Child victims: Children are the most vulnerable class of victims highly dependent on
others, mainly due the lack of mental maturity and lack of physical strength. They need to
be separately addressed and dealt with. They easily fall victim to various kinds of abuses
(physical, sexual, emotional, and economic). The trauma suffered by them requires a
separate treatment unlike the elders. The juvenile justice system which is created within
the criminal justice system rests on the foundation of child centric and child friendly
approach.

49

The National Survey on Children's Exposure to Violence, revealed the high incidence of
victimization of children at home, at school, and in neighborhoods.68 In India more than
58000 children became victim to various forms of criminal offences.
The vulnerability of children led our Parliament to pass the Commission for Protection of
Child Rights Act, 2005. In pursuance of the said Act, the National Commission for
Protection of Child Rights (NCPCR) was set up in March 2007. The Commission ensures
that all legislative and administrative policies and mechanisms are in accordance with the
Child Rights perspective as contained in the Indian Constitution and the UN Convention
on the Rights of the Child.
iii.

Victims of sex offences: Victimization on ground of sexual pleasure is the most common
form of victimization. Women are the most vulnerable prey to such victimizations.
Ranging from rape, marital rape, sexual assault to offences like outraging modesty of a
woman are various manifestations of such kind of victimization. In the present day
context, such victimization is not restricted to woman. Children and men even are subject
to this nature of victimization.

iv.

Female victims: Generally female victimization is considered to be restricted to sex

related offences. But this narrow observation causes gross mistreatment to the victims
who are in more than one occasion subject to victimization on grounds apart from sex.
The discrimination that a woman is subject to at her work place in her professional
growth, the disparity in wages that she suffers, the ill treatment done to women in homes
behind closed doors are not manifestations of sexual offences but are definitely quite
vocal about the vast range of victimizations of various nature to which she is subject. It
majorly reflects the power imbalance in a patriarchal society. The male superiority and
insecurity gets reflected in such kinds of victimization in every field of human life which
ultimately calls for a special treatment and protection for women.
The National Commission for Women in India is the apex body that works for protecting
and promoting the interests and rights of women. Similar Commissions have also been

68

2013 OVC Report to the Nation. Available at http://ojp.gov/ovc/pubs/reporttonation2013/chld_yth_vctm.html,

last visited on 20.5.2013

50

established in most of the states in India. These Commissions were constituted under the
National Commission for Women Act, 1990. It spreads awareness among women and
about women rights, ensures justice to them, paves the way for their right to life with
dignity etc.
v.

Minority groups and weaker sections: Pluralistic society is inhabited by various

linguistic, regional, religious, ethnical communities. Class, caste and religious distinction
between these groups gets reflected in the socio-economic disparity among them. Such
differences lead to majority and minority group, economically weak and economically
strong group and socially weak and socially strong group. The power difference between
these groups leads to the exploitation of the weaker by the strong. Such exploitation takes
the form of various denial and infringement of rights of the weaker/ minority group. The
powerful exert their influence and force on the weaker which finally leads to the
victimization of the less powerful. So it is very important that laws and policies are
framed keeping in mind the interest and protection of such category of victims.
The National Commission for Scheduled Castes in India looks into the implementation of
legislations like the Protection of Civil Rights Act, 1955 and Scheduled Castes and
Scheduled Tribes (Protection Of Atrocities) Act, 1989. It aims at ensuring socio
economic development and protection of the Scheduled Castes from victimization.
Similarly as per the Constitutional mandate, the National Commission for Scheduled
Tribes looks into the affairs related to the scheduled tribes and strives to prevent their
exploitation and assure their upliftment. The National Commission for Minorities, takes
care of the interest of the minorities of the country. It was set up under the National
Commission for Minorities Act, 1992 and Muslims, Christians, Sikhs, Buddhists and
Zoroastrians (Parsis) have been notified by the Central Government as minorities.

51

Table No. 2.1

Data on Vulnerable Victims in India

Year

Children

Women

SC ST

2013

58224

309546

39408

2012

38,172

2,44,270

33,655

2011

33,098

2,28,650

33,719

2010

26,694

2,13,585

32,712

2009

24,201

2,03,804

33,594

2008

22,500

1,95,856

33,615

2007

20,410

1,85,312

30,031

2006

18,967

1,64,765

27,070

2005

14,975

1,55,553

26,127

2004

14,423

1,54,333

26,887

Source: Crime in India, National Crime Records Bureau, Ministry of Home Affairs
2.6 SUM UP:
1. The concept of a victim in the Criminal Justice System was recognized during the late
20th century. Initially developed out of criminology, today, it is a full grown independent
discipline. Victimology is a system of knowledge about victims. It is derived from two
words Victima and logos meaning victims and knowledge respectively. It contains the
spirit of sacrifice. During the early period even if the concept of victim justice existed in
the Criminal Justice System, no direct mention of the word victim can be traced. In the
contemporary context, victim includes the following;
i.

Any person against whom an offence has been committed

ii.

Dependents of the victim mentioned in the previous point

52

iii.

Any person who is subject to any kind harassment/ victimization during

the justice delivery process.

iv.

Any person who is subject to any kind of abuse of power as defined in the
1985 UN Declaration

Presently, according to section 2(wa) of CrPC, introduced by the 2008 Amendment of the
Criminal Procedure Code, a victim, in the Indian context, means a person who suffers any loss or
injury which is caused to him by any act or omission for which the person who is accused has
been charged. The term victim is inclusive of guardian or legal heir of the victim.
2. The seeds of victim justice and victim rights can be historically traced from the Code of
Hammurabi. In primitive times justice was mostly ensured through the practice of
retribution where the victim or his family members possessed the power to take the law
into their own hands. Early development of victim rights revolved around protection,
restitution and compensation to the victims. With gain of maturity, the scope of victim
justice widened bringing within the scope of being a victim even the family members of
the victim. Victimology further enlarged its ambit by starting to realize the importance of
victim support in order to do wholesome justice to the victims.
3. Victimology is a science which deals with theoretical system of knowledge about
victims. It has been studied from various aspects. Some study it as s subject matter which
deals with victims of crime, some consider it as a violation of human rights, some focus
on the role of victims or the participation of the victims in the victimization process,
according to some it the violation of the rights of the weak and marginalized etc.
4. The development and growth of victimology has been triggered primarily by the feminist
movement, civil rights development and victim justice organizations lobbying against
excessive focus on conservatism of crime.
5. 1940s and 1950s onwards with the contribution of various victimologists, victimology
emerged as a full fledged discipline including within itself various aspects of victim
justice.
Mendelsohn and Von Hentig in their discussion on victimology emphasized on the
relation or interrelationship between the offender and the accused. Mendelsohn classified
53

victims into innocent victim, Victim with minor guilt, victim who is as guilty as the
offender, victim more guilty than the offender, most guilty victim and imaginary victim.
Hans Von Hentig made three broad classifications of classes of victims into General
Classes of Victims consisting of young, female, old, mentally defective victims etc,
Psychological types of Victims consisting of depressed, acquisitive, wanton victims etc
and Activating sufferer.
Schafer too like Mendelsohn and Von Hentig studied the role of the victim in the crime.
Ellenberger concentrated on the psychological dynamic between offender and victim. His
typology of victim concentrated on culpability of the victim.
Wolfgang made a study of the victim precipitation and came up with several factors like
interpersonal relation, small disagreements etc, which are typical of victim precipitated
homicide. He also came up with five kinds of victimization, namely, primary, secondary,
tertiary, mutual and no victimization.
Amir in his study of victim precipitated rape, came up with various risk factors like
alcoholism, associated with it.
Karmen studied the discipline, from various aspects like the dynamics that make the
victim vulnerable, how the other stake holders of the criminal justice system respond to
the victims and aspects of victim restoration.
Mawby and Walklate concentrated on the influence of power and control in causation of
victimization. Fattah has dealt with the evolutionary development of the subject. The
advancements in the practical field of the discipline have outshined the impact of the pure
theoretical approach.

54