Criminal Victimization and Justice Administration in India

Anuradha Khandelwal[1]

India is a democratic country where we the people of India are free to choose their government without any interference and also developing country and trying with progress in each and every sector to turn into the Developed Nation. Whether India is really in progress? If we survey in society still we found that there are several crimes not only with men, women and child but also with property, animal as well with nature.

Victimization

“A crime as it affects one individual person or household. For personal crimes, the number of victimizations is equal to the number of victims involved. The number of victimizations may be greater than the number of incidents because more than one person may be victimized during an incident. Each crime against a household is assumed to involve a single victim, the affected household.”

Crime is the wrongful act against any person or property which causes harms to the victim. “Victim” means persons who individually or collectively have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights though acts and omissions.

Victims of crime may be any gender, age, race, or ethnicity. Victimization may happen to an individual, group of person, family, or any type of community and a crime itself may be to a person or property depend on the circumstances. The impact of crime on an individual victim may be their loved ones and their community depends on a variety of factors.

The National Crime Victimization Survey is the national body hold information conducted by the Census Bureau for the Bureau of Justice Statistics. It is the national primary source for collect information regarding all the characteristics of crimes, Criminals, Victim etc .The present report, 2016 where the number of inmates admitted into Indian Jails are 9,640 was nearly four times the average of daily population 2,480, examines not only on violent crimes that are rape and sexual assault, robbery, aggravated but also crimes related to property that are theft, motor vehicle theft as well household burglary with domestic violence, injury to the victim and weapons.

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The legal system in India is Advisory system follow by the criminal Justice administration of India. With the highlighting the apathy of Criminal Justice System of India, J. Krishna Iyer, in the case of Rattan Singh v. State of Punjab[2] remarked that “it is the weakness of our Criminal Justice System that the victim of crime do not attract the attention of law. In fact, the victim reparation is still the vanishing point of our criminal law.”

The Indian Administrative Justice System is governed overall by four laws:

  1. The Constitution of India, 1949
  2. The Indian Penal Code, 1860
  3. The Code of Criminal Procedure of India, 1973
  4. The Indian Evidence Act, 1872

The Preamble of the Constitution of India provides Justice – Social, Economic and Political; Liberty – of Thought, Expression, Belief, Faith, and Worship; and Equality of Status and of Opportunity to all the citizen of India.

The Constitution of India guarantees certain Fundamental Rights under Part III to all the citizens. It provides article [14][3], [19][4] and [21][5] to the victim. Part IV of the Constitution of India defines the Directive Principle of State Policy which provides “foundation for a new social order”. Sometimes Crime Victims and other victimized people fall the domain under article 41[6] means due to unemployment, old age as well sickness and disability of the individual.

The Indian Penal Code[7] is the Substantive Law which provides penalty and punishment to the accused and compensations to the victims. It tells about the amount of punishment (Chapter III), offences by Abetment (Chapter IV), offences affecting the Human Body (Chapter XVI), offence against Property (Chapter XVII), offences of Cruelty by Husband or relatives of Husband (Chapter XXA).

The Criminal Procedure Code is the Procedural code provides the procedure for offences which are respectively followed by Criminal Justice Agencies i.e. the Police, Prosecution and Judiciary during the process of Investigation, Prosecution and Trial of Offences. It provides four steps for the settlement of offences-

  1. Investigation
  2. Inquiry
  3. Trial
  4. Punishment
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The Indian Evidence Act, in section 9, provides that after filling complaint and taking cognizance by the Magistrate, of the case, the victim does not participate in the investigation except called him to confirm the identity of the accused or the material object.

The Judicial Administration of India follows the Advisory System. It protects the victim from the violation by the wrongdoer and provides compensation. It also protects the individuals from violation or crimes. As-

In the case of Vishaka and others v State of Rajasthan and others[8]

Bhanwari Devi was gang raped in 1992, during the prevention a child marriage in their family, by a group of upper-caste men angered by her efforts. The gang rape attracted widespread in the national and international media attention and became a landmark episode in India’s women rights movement. The Supreme Court for the first time defined sexual harassment at the workplace, in a landmark judgment. This is popularly known as the “Vishaka’s Judgment”.

In another case D. K. Basu v State of West Bengal[9]

The honourable Supreme Court held that State compensation is mandatory to repair the wrong done and give judicial redress for legal injury is a compulsion of judicial conscience.


[1] Student.

[2] Rattan Singh v. State of Punjab, (1979) 4 SCC 719.

[3] INDIAN CONSTI. Article 14- Equality before law.

[4] INDIAN CONSTI. Article 19- Protection of certain rights regarding freedom of speech, etc.

[5] INDIAN CONSTI. Article 21- Protection of Life and personal Liberty.

[6] INDIAN CONSTI. Article 41 – Right to work, to education and to public assistance in certain cases.

[7] The Indian Penal Code, 1860.

[8] Vishaka and others v. State of Rajasthan and others. AIR 1997 SC 3011.

[9] D. K. Basu v. State of West Bengal, AIR 1997 SC 610.