CRIMINAL VICTIMIZATION AND JUSTICE ADMINISTRATION IN INDIA
Keywords:
criminal jurisprudence, crime, victimAbstract
Violations are not dedicated in the or with the vacuum. Every crimes shows a misfortune to the casualty. Uncountable number of survivors of distinctive age, sexual orientation and sex are dependent upon the merciless face of the truth. The anguish and the cultural pressing factor is far past the creative mind. A casualty would not like to get treated as a casualty. There are two sorts of philosophies with which a victim is looked at-"bechari" and "guneghar". The victim of crimes turns into the survivor of the Indian equity framework. Isn't it obligation of the State to examine the casualty first, concurred, the denounced should be rebuffed, however is adequately that to allow equity to the person in question? Victims are the piece insignificant part of the criminal arbitration. iiVictimization isn't characterized anyplace in the law. 1985, the primary year where in General Gathering of United Nations, an announcement was made for equity for victims of crimes. NAVSS (National association of Victim Support Schemes) was begun for assets by the government to consider victimology. In 1996, a significant advance was taken and rules for victim help with instance of assault casualty were given according to iiiIndian Constitution, criminal equity framework is a British Borrowed model. Criminal equity is administered by the Indian Penal Code, Criminal Procedure Code, Indian Evidence Act also, Indian Constitution. The casualties are treated as witnesses.
Since 1980, the Apex court has viewed the treatment of casualties appropriately and in various cases. In ivKumari Madhuri Patila And Another versus Addl. Magistrate , the Supreme Court requested the UP Govt. to begin disciplinary activity against officials for not doing the examination of an assault case appropriately and moreover coordinated to pay Rs. 2,50,000 as compensation. The instance of Hari Kisan, the victim was allowed remuneration of Rs. 50,000/ -also, subordinate courts were to guarantee remunerations is conceded to victims. Be that as it may, this stayed uniquely on record. The remuneration to casualties isn't compulsory under any punitive laws.
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i B. Mendelson, “Victimology and Contemporary Society’s Trends” Victimology 1 (1976), pp. 8-28
ii Bodhisattwa Gautam v. Subhra Chakraborty.
iii Kumaravelu Chockalingam. Measures for Crime Victims in the Indian Criminal Justice System, UNAFEI
(Feb.13, 2018), http://www.unafei.or.jp/english/pdf/RS_No81/No81_11VE_Chockalingam.pdf.
iv Kumari Madhuri Patila and Another v. Addl. Commissioner, AIR 1995 SC 14.
v V. R. Krishna Iyer: Access to Justice- A case of Basic change (1991) p.14
vi ANN WOLBERT BURGES, REGEHR CHERYL & ALBERT R. ROBERTS, VICTIMOLOGY: THEORIES
AND APPLICATION 31-32 (Jones and Bartlett Publishers, Massachusetts 2010)
vii Manusmriti : IX 272
viii Added by The Code of Criminal Procedure (Amendment) Act, 2008
ix The Code of Criminal Procedure, 1973 http://devgan.in/crpc/section/357/
x The Code of Criminal Procedure, 1973 http://devgan.in/crpc/section/357/
xi THE PROBATION OF OFFENDERS ACT, 1958 https://legislative.gov.in/sites/default/files/A1958-20.pdf
xii https://indiankanoon.org/doc/1199182/
xiii AIR 1983 SC 1086
xiv AIR 1978 SC 1575
xv AIR 1997 SC 610
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