Dr. Krishan VijProf. & HeadDepartment Of Forensic MedicineGovt. Medical College & HospitalCHANDIGARH

FORENSIC VICTIMOLOGY

All the crimes All the crimes committed are not committed are not reported, all the reported, all the

reported crimes are reported crimes are not recorded and not recorded and

all the recorded crimes all the recorded crimes are not processedare not processed

Victim defined

A victim is considered as an individual who has been harmed or “scarred” physically and/or psychologically by crime(s) against him or the property.

Mendelsohn(1947)Is known as the father of “victimology” who first furthered that victimology is a science parallel to the criminology or the reverse to the criminology.

Karmen (1992)

defined victimology as the “scientific study of victimization,

including the relationships between victims and offenders,

the interactions between victims and the criminal justice

system -that is, the police and courts, and correctional

officials - and the connections between victims and other

societal groups and institutions, such as the media,

businesses, and social movements.”

Arena of victimization is wide-reaching….

�‘convictims’ �secondary trauma at the level of investigating agencies, court procedures, media etc.

Arena of victimization is wide-reaching…. contd

�victims with disability- HIV- positivity

- Genetic aristocracy Vs Genetic underclass

�hate/ bias at the hands of the direct or indirect service providers

Common reactions of Common reactions of crime victimscrime victims

Anger:Anger: it is not unusual to be angryit is not unusual to be angry

at police, criminal justice, or societyat police, criminal justice, or society Depression:Depression: low mood, low appetite, low mood, low appetite,

sleep problems, self-blame/guilt,sleep problems, self-blame/guilt, worthlessness etc.worthlessness etc. Anxiety:Anxiety: fear/distress/worry, fear/distress/worry,

psychosomatic symptoms like sweating,psychosomatic symptoms like sweating, difficult breathing, chest pain and difficult breathing, chest pain and behavior changes like avoidance, rituals behavior changes like avoidance, rituals etc.etc.

Common reactions of Common reactions of crime victims…. contd.crime victims…. contd.

Posttraumatic Stress DisorderPosttraumatic Stress Disorder (PTSD)(PTSD) a form of anxiety disorder a form of anxiety disorder

characterized by fear, helplessness, characterized by fear, helplessness, intrusive and recurrent memories, intrusive and recurrent memories, reliving the event, intense distress, reliving the event, intense distress, avoidance/suppression of thoughts/ avoidance/suppression of thoughts/ feelings, sleep problems, angry feelings, sleep problems, angry outbursts, poor concentration, and outbursts, poor concentration, and exaggerated startle response (APA exaggerated startle response (APA 1994).1994).

Legal rights Legal rights of the victimsof the victimsNotificationNotificationAllocutionAllocutionCompensationCompensationShield lawsShield laws

Compensation Compensation to the to the

victims of crimevictims of crime Sec 357 CrPCSec 357 CrPC - Order to pay compensation- Order to pay compensation Sec 358 CrPCSec 358 CrPC - - Compensation to persons Compensation to persons

groundlessly arrested.groundlessly arrested. Sec 359 CrPCSec 359 CrPC - - Order to pay costs in non-Order to pay costs in non-

cognizable cases.cognizable cases. Sec 140 -142 of Motor Vehicle ActSec 140 -142 of Motor Vehicle Act

Situations where Situations where accused may be accused may be susceptible to susceptible to victimizationvictimization

During recording of confessional During recording of confessional

statement by the investigating statement by the investigating

agency.agency.

During detention/ imprisonment.During detention/ imprisonment.

To prevent tortureTo prevent torture of persons under of persons under

interrogation.interrogation.

Sec 330 & 331Sec 330 & 331 I P C I P C Sec 162, 163, 172 & 173Sec 162, 163, 172 & 173 CrPC CrPC Sec 24, 25 & 26Sec 24, 25 & 26 IEAIEA

Indian Indian Penal Penal CodeCode

Sec 330 & 331:Sec 330 & 331: make punishable make punishable

with a term extending upto seven with a term extending upto seven

and ten years respectively, a and ten years respectively, a

person or an officer, whoever person or an officer, whoever

voluntarily causes hurt or voluntarily causes hurt or

grievous hurt for purpose of grievous hurt for purpose of

extorting a confession or extorting a confession or

information leading to the information leading to the

detection of an offence or detection of an offence or

misconduct…. misconduct….

Code of Code of Criminal Criminal ProcedureProcedure

Sec 162 provides: Sec 162 provides: (i) statement given to the police under sec (i) statement given to the police under sec

161 shall not be 161 shall not be

signed by the person makingsigned by the person making

the statement, and the statement, and

(ii) that the statement shall (ii) that the statement shall

not be used for any purpose except for not be used for any purpose except for contradicting the witness if he is examinedcontradicting the witness if he is examined

by the prosecution.by the prosecution.

Code of Code of CriminalCriminal

Procedure Procedure

….contd.….contd.

Sec 163 prohibits:Sec 163 prohibits:(i) inducement, threat or (i) inducement, threat or

promise as mentioned in sec promise as mentioned in sec 24 of the Evidence Act, from 24 of the Evidence Act, from a police officer or other a police officer or other person in authority in order person in authority in order to get a statement or to get a statement or confession, andconfession, and

(ii) preventing any person from (ii) preventing any person from making any statement which making any statement which he/ she voluntarily wants to he/ she voluntarily wants to make. make.

Code of Code of Criminal Criminal ProcedureProcedure

… contd.… contd.

Sec 172 requires:Sec 172 requires: the police for maintaining a diary the police for maintaining a diary

in a regular manner. This not only in a regular manner. This not only ensures the safety of the accused ensures the safety of the accused but also safeguards the officials of but also safeguards the officials of the investigating agency. Though the investigating agency. Though the case diary cannot be treated as the case diary cannot be treated as evidence, the Court can use it for evidence, the Court can use it for arriving at the outcome.arriving at the outcome.

Code of Code of Criminal Criminal ProcedureProcedure

… contd.… contd.

Sec 173 requires:Sec 173 requires: the investigating authority to the investigating authority to

complete the investigation soon complete the investigation soon and also to submit a report to the and also to submit a report to the magistrate soon after the magistrate soon after the investigation is complete. Delay investigation is complete. Delay in investigation and filing a in investigation and filing a charge-sheet throws doubt on the charge-sheet throws doubt on the prosecution case.prosecution case.

IndianIndian Evidence Evidence

Act Act

Sec. 24: Confession caused by inducement, threat or promise, when irrelevant in criminal proceedings.

Sec. 25: Confession to police officer not to be proved against a person accused of any offence.

Sec. 26: Confession by accused while in custody of police not to be proved against him.

Requisite attitudes towards Requisite attitudes towards victimsvictims

Striking schismStriking schism amongst various authorities amongst various authorities as to the conception and understanding of as to the conception and understanding of various aspects of victimology.various aspects of victimology.

Medicine and lawMedicine and law are the two professions are the two professions where this division between the victim and where this division between the victim and power elite requires constant monitoring.power elite requires constant monitoring.

Need to eliminate personal equation and to Need to eliminate personal equation and to be independent of the idiosyncrasies .be independent of the idiosyncrasies .

Requisite attitudes towards Requisite attitudes towards victims... contd.victims... contd.

The recognition of PTSDThe recognition of PTSD in in 1980 as a formal 1980 as a formal psychiatric disorder psychiatric disorder represents an important represents an important landmark in the social landmark in the social acknowledgement of the acknowledgement of the consequences of trauma. consequences of trauma.

Requisite attitudes towards Requisite attitudes towards victims... contd.victims... contd.

Expert Witness’s attitudeExpert Witness’s attitudewhile many experts represent while many experts represent the best in their profession, a the best in their profession, a few may behave asfew may behave as

““hired guns” hired guns” employed to shoot holes in the employed to shoot holes in the

other side’s testimony.other side’s testimony.

Victim-offender relationship …a dual interplay

The dilemma is considered at length by Shakespeare in Macbeth...

What hands are here? Hah:they pluck out mine eyesWill all great Neptune’s Ocean wash this bloodClean from my hand?No(Macbeth, Act II, Scene I, p.929)

Sec. 360 CrPC: Order to release on probation of good conduct or after admonition.

““Now is not the Now is not the end. It is not even end. It is not even the beginning of the beginning of the end. But it is , the end. But it is , perhaps, the end perhaps, the end of the beginning”.of the beginning”.

Sir Winston Churchill(1942)(after three years of WW II)

THANK YOU