Criminal Victimization & Justice Administration in India

Victims of crime can be anybody. But it has been noted across the world that there are some sections of the society who are victims to crime more than others. For ex,. women, lower caste, blacks and minorities. These victims itself are often wrongly blamed for the crimes committed against them as if it were their mistake. This is a social issue that needs to be given attention!

As we know that our country is the second most populated country in the world with a diverse population having a different race, color, sex, religion. Different people have different faiths and beliefs. Due to the diverse population, several conflicts take place. And the conflict leads to crimes. There are many problems in our human society which lead to crimes. People in our society become the victim of a crime which is committed by others and suffered by the victim and it’s not their mistake. Crime affects the individual victims and their families. It may be case different losses for the family. It may cause physical or mental losses or injuries. But criminal victimization is common in India

Justice is the concept of moral rightness based on ethics, rationality, law, equality. The concept of justice differs in every culture. For some people it is equality, for some, it is morality and for some it is fairness. Justice is the result of the fair and proper administration of law. The basic aim or the objective of the criminal justice system is to provide safeguard against criminals and lawbreakers. It is the fairness in the protection of rights and punishment of wrongs. At the early stage, there was no concept of justice. And at that time there were also a few conflicts among the peoples. They were living in the peaceful society. At that time the head of the state was everything. The conflicts were solved by the head of the state. Slowly as the population rose the conflicts were also raised. Finally, this leads to the emergence of the concepts of justice.

Justice consists not in being natural between right and wrong, but in finding out the right and upholding it, wherever found against the wrong.”[1]

Concept of Criminal Victimization

Victimization is defined as causing someone to be treated unfairly or made to feel as if he is in a bad position. It is the process of being victimized or becoming a victim. The field that studies the process, rates, incidence, effects and prevalence of Victimization is called victimology[2].

Also Read  Grama Nyayalayas Act, 2008

Criminal Victimization in India      

The data on crime, arrests, and prosecutions, upon which we rely, come in large part from the Analytical Report on Crime, published by the National Crime Records Bureau[3]. The Analytical Report on Crime is the most comprehensive compilation of statistical data on crime, police activity, and the Crime Rates in India. Although official crime statistics are not entirely accurate, they are the most reliable sources available and to provide an indication of crime trends. Criminal victimization is very common in India.

According to the Criminal Code, offenses are classified into seven sub-categories: violent crimes, property crimes, forgeries, and crimes by government officials, crimes against public morals, crimes of negligence, and others. These violent and property crimes consist of approximately four-fifths of all Criminal Code Offenses. The violent crime category is composed of criminal homicide, robbery, arson, rape, assault, aggravated assault, intimidation, kidnapping, and illegal confinement. Property crimes consist of larceny-theft, stolen property, fraud, embezzlement, breach of trust, and destruction of property. Official Criminal data of the National Crime Records Bureau are used to determine the statistics of crime in India.

Administration of Justice

The personnel, activity, and structure of the justice system – courts and police – in the detection, investigation, apprehension, interviewing, and trial of persons suspected of the crime. In R v Sampson,[4]Justice Borins had before him an application to exclude evidence obtained pursuant to illegal wiretapping. Therefore, the defense alleged, to allow the tainted evidence would bring the administration of justice into disrepute.

Administration of Justice in India

The concept of criminal justice in India came into existence during the times of Manu. He described many forms of offenses like murder, rape, breach of trust, theft, sedition, assault, etc. Manu believes in “Divine theory means king is supreme and people are bound to follow his rules and regulations. King himself is an administrator of justice.  He had the power to decide matters relating to criminal offense and give punishment on his own discretionary power. Thought time changes so as a society, people started denying kings law and started making their own as per their convenience. This new rule Might is Right started being followed.

Also Read  Brexit: An Economic End for Political Means

In the absence of a codified criminal law, anarchy was established in the society and people started demanding “eye for eye as a form of justice. That is the time when many theories and principles came into justice administration like Divine theory, Social contract theory, Theory of natural justice etc. But in the modern time, we have codified laws. Essential objects of these laws are to protect society from unwanted criminal objects who want to break out the peace. For this very same purpose law holds the threat of punishments to criminals and makes suffer offenders by the prescribed punishments for their crimes.

The substantive criminal law defines the offences and punishments for the offences while procedural law administered the substantive law and provides the producer which leads to justice in reality. In the criminal administration in India, we have two statues of laws 1.Cr.P.C. (Criminal Procedure Code1973) as the procedural law and I.P.C. (Indian Penal Court1860).IPC was drafted during 1860 on the recommendation of the first law commission of India established in 1834 under the charter act 1833 under the chairmanship of Lord Thomas Babington Macaulay and its elements or rules were inspired by Napoleonic Code.

Having this codified procedure and the strict laws criminal justice system failed to perform its obligations according to the National Crime Record Bureau (NCRB) data till 2013 the total number of convict prisoners was 1,29,608 and under trial, prisoner was 2,78,503 in jailed of the country there were 12,406 Christian 11,666 Sikh, 57,936 Muslim and 1,92,202 Hindu.[5]

In the case of Bhim Singh vs. Union of India ordered date 5/9/2014 court gave guide lines relating under trial prisoners. Has directed for effective implementation of section 346(A) of the code of Criminal Procedure by directing jurisdiction magistrate/chief judicial magistrate/session judge to hold one sitting in a week in each jails/prison for two months commencing from first October, 2014 for the fulfillment of purpose of section 436(A).[6]

Conclusion

As we all know that India is a democratic country and the independence of the judiciary is it’s one of the most important feature. It provides justice to all without any discrimination on the basis of race, colour, sex, creed, religion as it’s the main aim of the judiciary. But at present, it fails to work properly because many cases in our country are still in pending and many vacancies are in Judiciary. And the most important is that it fails to provide justice at the right time this leads to the Delay in Justice. We also know that in our country still there are many problems in the functioning of the judiciary. The latest example is that four Justice of our country come forward and it is the first time in the history of India that finally four justices have come out and called a conference. From this we can say that there are some problems are there within the system of judiciary. Due to the lack of judges and many reasons like corruption Indian criminal system failed to give justice.

Also Read  The Difficulty of Being Good: How We Measure Our Life

So finally I would like to say that the respective authority must work properly without any pressure and they should work for the betterment of the common people. I would like to conclude my article with a few suggestions which I think are important. Now a day’s Crimes are on huge rates and there are many reasons are there as I have discussed above. To reduce this we the common people must be more careful. We should be a good person at first before finding the loopholes of others. It is the right time to come forward and to help the society and make it free from crimes and must be supportive and cooperative with the respective authorities.

Also read Romesh Thapar v. The State of Madras

[1] By -Theodore Roosevelt.

[2] For the meaning and details of victimology, see Andrew Kaemens’ Crime Victims: An introduction to Victimology, 8th Edition. It offers the most comprehensive and balanced exploration of victimology available today.

[3] See. Ncrb.gov.in

[4] 2007 NSSC 96 (CanLII)

[5] National Crime Records Bureau (NCRB) 2013

[6] ILR(1970)