Untouched Aspect of Criminal Victimization

Akshit Mehta[1]

Every country faces a social problem in the shape of crime, it is the duty of the State to protect and preserve the basic human right regarding the right to live and fell protected of their subjects, as now, in the modern world, the majority of State is having a distinct identity as of Welfare State, which is the cardinal essential of a State to be recognized at domestic as well as International level on the basis of acid test regarding its recognition as not a Failed State. Both Victim as well as accused is having the natural right i.e. not being victimized by the process of law. From here the two cardinal concepts are generated regarding the victimization, in respect of victim and also in respect of accused too.

A wise man said that “No one is born Criminal”. There are various factors which affect a human to develop a Criminal Mind. The victimization of an individual is dependent upon the various factors such as age, sex, economic conditions as well as the mentality of society. As social contract theory states that, it is every State’s duty to protect the individuals. As India is known as the welfare state and Article 38 of the Constitution of India gives direction to Government, to secure a social order for the promotion of the welfare of the people, and social order can be maintained by reducing crime. But in some circumstances the accused of a particular crime is victimized by the filing of the false cases against him.

The Delhi Commission of Women (DCW) has come out with startling statistics showing that 53.2% of the rape cases filed between April 2013 and July 2014 in the capital were found ‘false’ and it is matter of concern that, laws which are made for the benefit of society are being misused which leads to miscarriage of Justice.

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Total Crime against women are reported in the year of 2014 are 38,385 and in the year of 2016 total cases were reported are 41,761 thus, it was increased by 3376 cases.[2]Whereas, there are lot of cases which are unreported due to the society’s pressure.

In 2012, a revolt was occurred in the society because of infamous “Nirbhaya Rape Case”, thereafter in 2013 major amendment in the Indian Penal Code was done and certain new offences has been introduced related to women like, Voyeurism, Stalking etc. It can be observed that the victimization of women exists at large scale.

There is a Latin term “ei incumbit probatio qui dicit, non qui negat” which means, “the burden of proof is on the one who declares, not on one who denies” and Article 11 of the UN’s Universal Declaration of Human Rights, provided this principle as an essence of the Criminal Trial. Whereas Section 113A and 113B of the Indian Evidence Act, 1872, is the exception of this principle in the cases of abetment of Suicide and Dowry Death, it shifts the burden of proof on the accused, sometimes which leads to misuse and victimizes the accused. Prejudice in the mentality of the Society towards the accused can be observed, the best instance of the “Accused Victimization” is Rohtak Sisters case in which without being convicted in the Court of Law, almost all the news agencies were demanding the justice for the girl, but after the conclusion of the Trial the boys were acquitted and it was held to be false allegation.[3]In such case one of the accused has cleared the written examination of the Army, and defence minister Manohar Parrikar made it clear a strong message should be sent that there was no place for such men in the army while the Haryana chief minister said the women would be honoured for their “act of bravery” on Republic Day as public support for the sisters grew on social media.[4]Thus, mere F.I.R. or mere 24 hours in lockup can ruin the career, reputation and Social life of an individual. Many of the gangs are taking advantage of this, and extorting money from the individuals by making false allegations of rape or other offences related to women, and many of these crimes are unreported due to fear of losing reputation.

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As concerning the two concepts of the victimization, it is state’s duty to reduce the victimization rate by the administration of criminal justice. The Present Criminal system has been evolved as the result of slow and gradual process and bears the imprint of the different period of Indian history. The initial stage criminal jurisprudence came into existence in India from the time of Manu. In the category of crimes Manu has recognized assault, theft, robbery, false evidence, slander etc.

Today, Criminal law is based on two types of laws, i.e. Substantive laws and Procedural laws. Therefore, the two main statues which deal with administration of criminal cases in our country are Code of Criminal Procedure, 1973 and Indian penal code, 1860. Now the offences are classified into two types, i.e. Cognizable offences and Non Cognizable offences, these offences are classified according to the gravity of the offence. The police officers have authority to arrest person only on the basis of mere suspicion of commission of cognizable offence[5], due to the grave nature of the offence and to conduct efficient investigation.

To conclude, Criminal Administration of Justice in India has evolved, and it has faces a lot of amendments in the Statutes according to the need of Society.  Better criminal administration of justice leads to low victimization rates. And victimization is the term having very wide scope and sometimes some aspects of victimization are untouched, commonly victimization in criminology is the term used for the “Victims” but in above stated case it can be observed that, media trials and the prejudice among the members of the society leads to victimization of the Accused.

[1] Student.

[2]National Crime Records Bureau, Crime in India 2016 Statistics, Home Ministry of India.

[3]Rohtak Sister Viral Controversy, Wikipedia, (Feb.15, 2018), https://en.wikipedia.org/wiki/Rohtak_sisters_viral_video_controversy.

[4]Sat Singh, Army Slams Door on Rohtak Molesters, Hindustan Times, (Feb.15, 2018), https://www.hindustantimes.com/india/army-slams-door-on-rohtak-molesters/storyCwRcsioDgQgh2NY30psKTJ.html.

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[5] Code of Criminal Procedure, 1973, Section 41.

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