JUSTICE TO VICTIMS OF CRIME IN INDIA.pptx

7/24/2019 JUSTICE TO VICTIMS OF CRIME IN INDIA.pptx

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JUSTICE TO VICTIMS

OF CRIME IN INDIA:

AN ANALYTICAL

STUDYPRESENTED BY

RAMAKANT


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INTRODUCTION

It is now standard practice to observe that

the victim has lo been !orotten part" in

criminal #$stice% &ccasionall" victims wo$ld

appear on the scene as complainant andapplicant !or compensation' or as

complainants and applicants !or

compensation 'or as witnesses b$t therea!ter

the" were o!ten larel" nelected% This sit$ation has now been chaned% Now

s$!!icient attention is paid to the rihts o!

crime victims%


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DEFINITION,MEANING AND

CONCEPT OF VICTIM MEANIN( &) *I+TIM

A victim o! crime in ordinar" lan$ae means a person aaint

whom a crime has been committed%

The term victim has been iven a wider meanin and incl$des the

immediate !amil" members's$ch as wi!e 'children' aed parants%

DE)INITI&N &) *I+TIM ,*ictims- means persons who' individ$all" or collectivel"' have s$!!ered

harm' incl$din ph"sical or mental in#$r"' emotional s$!!erin' economic loss

or s$bstantial impairment o! their !$ndamental rihts' thro$h acts or

omissions that are in violation o! criminal laws operative within Member

States' incl$din those laws proscribin criminal ab$se o! power%

Accordin to section .wa/ The +ode o! +riminal Proced$re'1234

victimmeans a person who has s$!!ered an" loss or in#$r"

ca$sed b" reason o! the act or omission !or which the acc$sed

person has been chared and the e5pression victimincl$des his

or her $ardian or leal heir67


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EMERGENCE OF VICTIMOLOGY victimolo" is s$b!ield o! criminolo" that

sociali8es in st$d"in the victim' victimisation'

reactions and e!!ects o! victimisation%

The term 9victiomolo"7 is enerall" credited to

Beniamin Mendelsohn in 12:3%tho$h some s$estthat )rederic;


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HISTORY AND DEVELOPMENT OF

VICTIMOLOGY IN INDIA

The concept o! victim is an ancient one that

is !o$nd in man" c$lt$re and that is

ine5tricabl" intertwined with reliio$s

sacri!ice%

Epics and m"tholo" o!ten n$mero$s

e5amples o! s"mbolic sacri!ices o! victim%

>istoricall" the victim had a broader meaninrelatin to mis!ort$ne o! man" sort' not #$st

s$!!erin ca$sed b" crime%

The evol$tion o! the concept can be traced

both historicall" and theoraticall"%


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>istoricall" the concept o! victimolo" in

cr$de sense was not onl" part o!

>amm$rabi7s code b$t also e5isted in more

developed sense than the present% Man$ in chapter ? 'verse @?3 also tal;s abo$t

the compensation to the victim%


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EXPANDING DIMENSIONS OF

VICTIMOLOGY

D$rin 12:7s victimoloist li;e' Mendelson'

*on henti and


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The term 9crime victim7 re!ers to an" person'

ro$p or entit" who has s$!!ered en#$r" d$e

to illeal activit" o! someone%The harm can

be ph"sical' ps"choloical or economic%


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ROOTS OF VICTIMOLOGY Benjamin Mendelsohn (1900-1998)

Victimology should be part of criminology ans !on entig (188"-19"#)

The Criminal and His Victim

$lassified !ictims according to personality %mportance of subject-object relations $ase studies&

'eena Vir *red+ ,hipman olly ones

+"0s and +80s art of blaming the !ictim+ 'ole of political and ideological climate


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AFFECTED VICTIMSP>YSI+A==Y A))E+TED

)INAN+IA==Y A))E+TED

A))E+TIN( )AMI=Y PEA+E

PSY+>&=&(I+A==Y A))E+TED


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VICTIMS RIGHTThe riht to protection !rom intimidation and

harm%

The riht to be in!ormed concernin the criminal

#$stice process%

The riht to reparations%

The riht to preservation o! propert" and

emplo"ment%

The riht to d$e process in criminal co$rt

proceedins%The riht to be treated with dinit" and

compassion%

The riht to co$nsel%


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UNDER STATUTORY PROVISIONS

IN INDIA

+&MPENSATI&N T& *I+TIMS &) +RIME

1% )ATA= A++IDENTS A+T'1?

@% M&T&R *E>I+=E A+T'12??

4% +RIMINA= PR&+EDCRE +&DE'1234:% +&MPENSATI&N )&R >CMAN RI(>TS

*I&=ATI&N

% +&NSCMER PR&TE+TI&N A+T 12?

% PR&BATI&N &) &))ENDERS A+T '12?


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RECOMMENDATION OF COMMITTEE ON JUSTICE TO VICTIM

The =aw +ommission in its report in 122' stated that

,the state sho$ld accept the principle o! providin

assistance to victims o$t o! its own trends in cases o! acF$ittal' or

where the o!!ender is not traceable b$t the victim isidenti!ied ' or


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ROLE OF JUDICIARY TO"ARD CRIME

VICTIMS AS A PU!LIC LA" REMEDY

1% +&MPENSAT&RY HCSTI+E T& T>E *I+TIMS &)

1% I==E(A= ARREST AND CN


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SUGGESTIONS There m$st be separate law !or the victims o! crime so

that victim ma" see; #$stice easil"%

corr$ption sho$ld be red$ced !rom the criminal #$stice

s"stem%

The law m$st also provide !or instit$tional set $p as wehave in western co$ntries%

I! possible it wo$ld be better to ive the compensation

as a riht to victim%

In case o! women to proven victimi8ation' the women

sho$ld be empowered with political power% B" this wa"'the" will less s$!!ered b" others%

+hildren sho$ld be iven proper st$d" and aware o!

their riht so that the" can not be victim b" the wron

doer and hih pro!ile person%


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Providin proper assistance to victims

thro$ho$t the laal process%

Ta;in meas$res to victims' protect their

privac"' when necessar"' and ens$re their

sa!et"' as well that o! their behal!' !romintimidation and retaliation%

Avoidin $nnecessar" dela" in disposition o!

cases and the e5ec$tion o! orders or decrees

rantin award to victims%


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CONCLUSION

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JUSTICE TO VICTIMS OF CRIME IN INDIA.pptx