Analysis Of Concept Of Victimology Under Indian Legal System
The victim of criminal offence has been the forgotten man of Criminal Justice System. The attention has primarily and always been on the offender and the crime, but not on the victim, i.e., the repercussion of the crime. By the commencement of the 20th century, it can be seen the position of victim in the Criminal Justice System was nominal. They played a role apparently in reporting the crime to the Police and there was negligible legislative provision for compensation. The victim of crime holding a position of almost complete oblivion for centuries has now appeared and has been accepted as a person worthy of consideration in nations across the world.
Victims of any criminal act and of violation of human rights (irrespective of their legal or economic status) have the right to be compensated for the injuries caused due to the crime committed on them. Compensation can be pursued through civil, administrative, or criminal procedures, and can be awarded for material damages (containing medical expenses and unpaid wages) and non- material damages (including death, pain, trauma and other sufferings). The provided work, to a substantial degree emphases on human rights violations’ victims – i.e., when the court casts the aid by providing compensation to the victim in proceedings under Article 32 or 226 of the Indian Constitution seeking implementation or protection of fundamental rights, acknowledging the inadequacy of conservative judicial remedies in the kind of cases related with violation of fundamental rights. Often these rights are infringed by the State, but in certain cases private parties may also be involved.
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Bu hikaye LawZ Magazine dergisinin September 2017 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
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