SECONDARY VICTIMIZATION UNDER THE CRIMINAL JUSTICE SYSTEM

Abstract

Primarily the victimization is caused by the offence, which is considered offence against the society at large for that it is the state who become the party in the name of victim. Secondary the victimization is caused by the institutions and agencies of society. It refers to victimization of victims on the part of society like police is an institution of society, medical hospitalities is an institution of society and also attitude of individuals in the society e.g. family, friends and colleagues as they may deny the impact of the crime on the victim, these are some form of secondary victimization which caused mental trauma as this is the stage where victim need assistance in terms of Emotionally, Monetarily and of Mentally. According to Pound, ‘Law is social engineering which means a balance between the competing interests in society’ means that Man is a social animal and needs a society for his leaving, working and enjoying life. However, society itself caused the secondary victimization by the abuse of power. As we already know the victim of crime set the criminal proceeding into motion by giving information to police under section 154 thereafter his role in criminal proceeding get decreased as investigation is being part of police function no role of victim in it and after the investigation, trail process starts in the name of state as crime is considered as crime against society. In the trail process itself role of victim is not as much as victim have substantial interest of participating in criminal proceeding he has no right to participate as dominant stakeholder, he has right to move the court for cancellation of bail but action thereon depends upon the stand taken by the prosecution as provided under section 439(2), even prosecution can seek withdrawal of trail at any time without consulting the victim as provided under section 321. Whereas as compared to accused participation in criminal proceeding number of rights and protective measures provided to them such as presumption of innocence, the right to legal assistance, right to fair trail, right of the accused to be informed of charges before trail, and right to present a defense, these are all been developed by the common law principles however Criminal Procedure Code 1973 does not prohibit the victim to participate, act is salient upon it.