Transcript Forensic Victimology by Dr. Krishan Vij

FORENSIC
VICTIMOLOGY
Dr. Krishan Vij
Prof. & Head
Department Of Forensic Medicine
Govt. Medical College & Hospital
CHANDIGARH
All the crimes
committed are not
reported, all the
reported crimes are
not recorded and
all the recorded
crimes are not
processed
Victim A victim is considered as
an individual who has
defined 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’
•
s•econdary trauma at
the level of
investigating agencies,
court procedures,
media etc.
Arena of victimization is
wide-reaching…. contd
•ate/ bias at the hands of the
h
direct or indirect service providers
•victims with disability
- HIV- positivity
- Genetic aristocracy
Vs
Genetic underclass
Common reactions of
crime victims

Anger: it is not unusual to be angry
at police, criminal justice, or society

Depression: low mood, low appetite,
sleep problems, self-blame/guilt,
worthlessness etc.

Anxiety: fear/distress/worry,
psychosomatic symptoms like sweating,
difficult breathing, chest pain and
behavior changes like avoidance, rituals
etc.
Common reactions of
crime victims…. contd.
Posttraumatic Stress Disorder
(PTSD) a form of anxiety disorder
characterized by fear, helplessness,
intrusive and recurrent memories,
reliving the event, intense distress,
avoidance/suppression of thoughts/
feelings, sleep problems, angry
outbursts, poor concentration, and
exaggerated startle response (APA
1994).
Legal rights
of the victims
Notification
 Allocution
 Compensation
 Shield laws

Compensation
to the
victims of crime




Sec 357 CrPC - Order to pay compensation
Sec 358 CrPC - Compensation to persons
groundlessly arrested.
Sec 359 CrPC - Order to pay costs in noncognizable cases.
Sec 140 -142 of Motor Vehicle Act
Situations where
accused may be
susceptible to
victimization

During recording of confessional
statement by the investigating
agency.

During detention/ imprisonment.
To prevent torture
of persons under
interrogation.
Sec 330 & 331 I P C
 Sec 162, 163, 172 & 173 CrPC
 Sec 24, 25 & 26 IEA

Indian
Penal
Code
Sec 330 & 331: make punishable
with a term extending upto seven
and ten years respectively, a
person or an officer, whoever
voluntarily causes hurt or
grievous hurt for purpose of
extorting a confession or
information leading to the
detection of an offence or
misconduct….
Sec 162 provides:
Code of (i) statement given to the police
Criminal under sec 161 shall not be
signed by the person making
Procedure the statement, and
(ii) that the statement shall
not be used for any purpose
except for contradicting the
witness if he is examined
by the prosecution.
Code of
Criminal
Procedure
….contd.
Sec 163 prohibits:
(i) inducement, threat or
promise as mentioned in sec
24 of the Evidence Act, from
a police officer or other
person in authority in order
to get a statement or
confession, and
(ii) preventing any person
from making any statement
which he/ she voluntarily
wants to make.
Sec 172 requires:
Code of
Criminal
Procedure
… contd.
the police for maintaining a
diary in a regular manner.
This not only ensures the
safety of the accused but also
safeguards the officials of the
investigating agency.
Though the case diary cannot
be treated as evidence, the
Court can use it for arriving
at the outcome.
Sec 173 requires:
Code of
Criminal
Procedure
… contd.
the investigating authority to
complete the investigation
soon and also to submit a
report to the magistrate soon
after the investigation is
complete. Delay in
investigation and filing a
charge-sheet throws doubt
on the prosecution case.
Indian
Evidence
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
victims



Striking schism amongst various authorities
as to the conception and understanding of
various aspects of victimology.
Medicine and law are the two professions
where this division between the victim and
power elite requires constant monitoring.
Need to eliminate personal equation and to
be independent of the idiosyncrasies .
Requisite attitudes towards
victims...
contd.
The recognition of PTSD
in 1980 as a formal
psychiatric disorder
represents an important
landmark in the social
acknowledgement of the
consequences of trauma.
Requisite attitudes towards
victims...
contd.
Expert Witness’s attitude
while many experts represent
the best in their profession, a
few may behave as
“hired guns”
employed to shoot holes in the
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 eyes
Will all great Neptune’s Ocean wash this blood
Clean 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
end. It is not even
the beginning of
the end. But it is ,
perhaps, the end
of the beginning”.
Sir Winston Churchill(1942)
(after three years of WW II)
THANK
YOU