Analytical Study On Victimology And Legal Frameworks For Victim Compensation In India

Concept of Victimology

The term “Victimology” was first coined in 1947 by the French lawyer Benjamin Mendelsohn. It is derived from the Latin word “victima” and the Greek word “logos”, meaning the study or discourse of victims. Victimology emerged as a branch of criminology that studies crime from the perspective of the victim, focusing on those who have suffered injury, loss, or destruction due to the acts of another person or group. [1]

Victimology analyses the causes, patterns, and consequences of victimisation. It examines the victim’s role in crime causation, the psychological and social effects of crime, and the legal mechanisms available for redress. [2] Unlike traditional criminology, which focuses on offenders, victimology prioritises understanding victims’ experiences, vulnerabilities, and the justice system’s response to them.[3]

Benjamin Mendelsohn’s Classification

Benjamin Mendelsohn is regarded as the Father of Victimology for his pioneering work in classifying victims based on their contribution to crime. His classification included :

• Completely innocent victims (for instance: children, persons asleep),
• Victims with minor guilt or ignorance (for instance: women approaching unqualified practitioners for abortions),
• Voluntary victims (for instance: cases of suicide or euthanasia),
• Victims more guilty than the offender (for instance: aggressors killed in self-defence).

This classification helped broaden the study of victimology in the modern time.

Definitions of Victimology

Over the years, various scholars have attempted to define victimology from different perspectives. Some of them are as follows:

Schultz (1970)

defined victimology as:

“The study of the degree and type of participation of the victim in the genesis or development of the offences and an evaluation of what is just and proper for the victim’s welfare.” [4]

Drapkin and Viano (1974)

stated that:

“Victimology is the branch of criminology which primarily studies the victims of crime and everything that is connected with such are victim.”[5]

Anttila (1975)

expanded the scope by asserting that:

“Victimology studies the logical, sociological, psychological, and criminological aspects of victims and brings into focus the victim offender relationship and the role played by the victim in the occurrence of the offence.”[6]

Separovic (1975)

defined it as:

“The entire body of knowledge regarding victims, victimisation, and the preservation of victims’ rights, composed of insights from criminology, medicine, psychology, law, and social work.”[7]

Parsonage (1979)

viewed it as:

“The study of the interaction in which both the criminal and the victim have functional roles and responsibilities.”[8]

Together, these definitions show that victimology is not only related to one discipline, it is multidisciplinary, focusing not only on crime causation but also on victim protection, justice, and rehabilitation.

Scope And Significance Of Victimology

Victimology has interdisciplinary approach. It draws its insights from various fields such as law, psychology, sociology and criminology.

It uses empirical and theoretical methods to understand how victimisation occurs, how victims react, and what measures can reduce harm. It is also scientific as it relies on data collection, victim surveys, and research into victim behaviour.

Furthermore, victimology is dynamic evolving with societal and legal changes. Earlier views blamed victims for their own misfortune. However, modern perspectives stress social and situational contexts such as poverty, gender inequality, and institutional neglect. [9]

According to Viano, there are several terms related to victimology:

• Victimhood: The state of being a victim
• Victimization: The action of victimizing a person
• Victimizer: The offender or the person who victimizes other [10]

Thus, Victimology is the relation between the offender and the victim. The scope of it is as follows:

Scope:

The scope of victimology is very wide. It covers all areas where victims are affected and protected. Victimology helps us understand who becomes a victim, why it happens, and what support victims need after the crime. It is not only about studying the crime but also about improving justice and helping victims recover.

1. First, victimology tries to identify victims and understand their situations. It studies which groups are more likely to be victims such as women, children, the elderly, or people living in unsafe areas.
2. Second, it looks at the causes of victimisation. It studies how certain lifestyles, daily routines, or surroundings may increase the chances of becoming a victim. For example, travelling alone at night or living in poorly lit areas may expose a person to more risk.
3. Thirdly, victimology studies the effects of crime on victims. It focuses on how crimes cause physical injuries, emotional trauma, and financial losses. It also studies how victims are treated by the police, courts, and society.
4. Fourthly, it deals with the legal and social response to victims. Victimology studies how the justice system helps victims through compensation, counselling, and rehabilitation. It also works to ensure that victims are treated with respect and fairness in legal proceedings.
5. Finally, victimology focuses on prevention and support. By studying how and why victimisation occurs, victimology helps in creating laws, policies, and community programmes that can prevent crimes and protect people from becoming victims in the future.

In India, the scope of victimology has grown with new laws and policies that recognise victims’ rights. Courts and government authorities are now more focused on helping victims get justice and rebuild their lives.

Significance:

Victimology has changed the way we look at the criminal justice system. Earlier, the focus was mostly on punishing the offender, while the victim’s pain and loss were often ignored. Victimology brings the victim to the centre of the justice process. It studies the experience of people who suffer because of crime and works to ensure that they receive justice, support, and compensation.

In India, the courts have played a major role in developing this idea. The Supreme Court in State of Gujarat v. Hon’ble High Court of Gujarat [11] said that justice must not stop at punishing the offender but should also help the victim recover from the harm suffered.

In another case, Delhi Domestic Working Women’s Forum v. Union of India [12]the Court directed the government to create systems for victim compensation. These judgments show that Indian law now recognizes victims as active participants, not just as witnesses.

Victimology is important because it studies how crime affects people physically, emotionally, and financially. It also helps us understand why certain groups, like women, children, the elderly, and the poor, are more likely to become victims. This information helps police and lawmakers create better prevention and rehabilitation plans. It also reduces what is called secondary victimization : the additional trauma caused when victims are treated insensitively by police, lawyers, or the courts.

Victimology also helps in making better policies. For example, surveys like the National Crime Victimization Survey (NCVS) in the U.S. and data from the National Crime Records Bureau (NCRB) in India show patterns of victimization. These findings help governments design victim support schemes, counselling services, and financial relief programs.

At the international level, the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power was a turning point. It recognized that victims must have access to justice, fair treatment, and support. Many countries, including India, have since adopted laws and programs based on this declaration.[13]

Victimology is also closely linked to the restorative justice movement. Restorative justice focuses on repairing the harm caused by crime often by allowing victims and offenders to communicate in a safe and controlled setting. This helps victims heal and gives offenders a chance to take responsibility. Countries like Canada and New Zealand already use these programs successfully. In India too, some juvenile justice programs now use similar victim oriented approaches.

In short, victimology gives justice a human face. It reminds us that justice is not complete until the victim’s suffering is acknowledged and addressed. By combining law, psychology and compassion, victimology helps create a system that not only punishes offenders but also heals and restores victims, making justice more meaningful for society.

Thus, it is extremely significant in today’s world.

Theories Of Victimology

Theories of victimology explain why certain individuals are more likely to become victims of crime. The most important theories related to victimology are as follows:

Victim Precipitation Theory

Victim Precipitation Theory: This theory argues that in some crimes the victim is not purely passive; rather their behaviour or characteristics may contribute to the victimisation process.
There are two forms:

• Active precipitation: the victim acts provocatively or aggressively, triggering or escalating the crime.
• Passive precipitation: the victim has personal or social traits that unconsciously make them more vulnerable (for example, being in a conflict, showing signs of vulnerability, associating with risky people).

Example: In a bar fight, a patron insults a stranger provoking a fight that leads to serious injury.

According to this theory, the victim’s initial provocation is a factor in what occurred.

Another often-mentioned illustration is where a person repeatedly visits a high-risk area with little caution and is assaulted. Here the argument is passive contribution by being in a risky situation.

Caveat: This theory must be applied with caution. It in no way justifies crime but seeks to understand contributing factors in victim-offender interaction.[14]

Lifestyle Theory

Lifestyle Theory: This theory proposes that a person’s lifestyle, their daily routines, social habits, influences their risk of becoming a victim.

Essentially, certain lifestyles expose individuals to higher crime risk because they involve frequent contact with offenders or risky places, or lack protective guardianship.

Example: A young individual who regularly goes out late at night, often visiting bars in unsafe neighbourhoods, and interacts with known criminals, has a higher risk of assault or robbery compared to someone who stays home or travels in safe zones.
Here the theory says the victim’s lifestyle choices place them in harm. not that they deserve the harm, but that their exposure is increased.[15]

Deviant Place Theory

Deviant Place Theory: Unlike Lifestyle Theory, Deviant Place Theory focuses less on the victim’s behaviours and more on the environmental context in which they live or move. It argues that people located in high crime, socially disorganised, or “deviant” places have a greater risk of victimisation irrespective of personal behaviour.[16]

In other words, even if a person behaves cautiously, merely residing or spending time in a dangerous place increases their risk because offenders operate frequently there.

Example: A person who lives in a neighbourhood with high gang activity, poor lighting, weak policing and abandoned properties might get burgled repeatedly despite following safety precautions the area itself is the key risk factor. This theory shifts focus from “what the victim did” to “where the victim was”.

Routine Activities Theory

Routine Activities Theory: Developed originally by Cohen & Felson in 1979, this theory posits that a crime occurs when three elements converge in time and space:
A motivated offender,
A suitable target, and
An absence of a capable guardian (someone or something that deters or prevents the crime).

In victimology the theory is used to explain how victims become exposed: their routines bring them into situations with those three elements.

Example: A woman who leaves her phone in her unlocked car (suitable target), parks it in a dark isolated lot (absence of capable guardian), and a thief is active in that area (motivated offender) becomes a victim of theft. By changing the routine (parking in a guarded lot, using steering lock, not leaving valuables visible) the risk could have been reduced.[17]

Legal Provisions And Compensatory Reliefs For Victims Of Crime In India

The concept of a victim under Indian criminal jurisprudence has gradually evolved from being an ignored figure to an integral part of the justice system. Earlier, the system concentrated solely on the offender and punishment but today, victims are recognised as rights-bearing participants entitled to relief, compensation, and rehabilitation.

Definition of Victim under BNSS, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) defines a victim under Section 2(x) as:

“A person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and includes the guardian or legal heir of such victim.”[18]

This definition marks a shift from the Code of Criminal Procedure, 1973 (CrPC), where victims were not directly defined. It brings the victim into the heart of the procedural framework and ensures their right to participate in proceedings, claim compensation, and seek justice beyond mere punishment of the offender.

Categories of Victims of Crime in India

• Primary Victims: Individuals who suffer direct harm from a criminal act, such as injury, death, or property loss. For instance, a murder or assault victim.
• Secondary Victims: Dependants or family members of the direct victim who experience loss, trauma, or economic deprivation because of the offence such as children of victims.
• Tertiary Victims: Persons indirectly affected by a crime, including members of the community or neighbourhood suffering fear, displacement, or social stigma after riots or terrorism.

It is often seen that secondary and tertiary victims often undergo equal or even greater emotional trauma than primary victims. In this sense, victimology in India looks beyond the individual to encompass social, psychological, and community level harm.[19]

Compensatory relief to Victims

The legislative framework regarding compensatory relief to victims of crime in India may be traced in the following mentioned Acts:

Compensation under BNSS 2023 (Earlier CrPC 1973)

The principal provision for compensating victims of crime existed in Section 357 of the Code of Criminal Procedure, 1973, which empowered courts to order compensation to the victim from the fine imposed on the accused.

• Section 357(1): Permits courts to pay compensation out of the fine imposed[20].
• Section 357(3): Enables compensation even where no fine is imposed.[21]

In BNSS 2023, these have been replaced by Section 395, which continues the earlier power of courts to direct payment of compensation to victims.

Victim Compensation Scheme : Section 396, BNSS 2023

This section (corresponding to Section 357A CrPC) requires every State Government, in coordination with the Central Government, to prepare a victim compensation scheme for providing funds to victims or dependants who have suffered due to crime and need rehabilitation.[22]

Key features include:

• Victims may apply directly to the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) for compensation, even if the offender is untraced.
• The scheme provides for interim relief and mandates completion of the enquiry within two months.
• The quantum of compensation is to be decided by DLSA or SLSA as the case may be, ensuring a decentralised victim-oriented mechanism.

These provisions represent a vital step toward restorative justice, aligning the criminal process with the needs of victims.

Role of NALSA and DLSA

The National Legal Services Authority (NALSA) and District Legal Services Authority (DLSA) form the backbone of the victim compensation mechanism. Under NALSA (Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes 2018), every State is required to provide minimum compensation of ₹4-5 lakh to rape survivors and up to ₹8 lakh to acid attack victims, depending on the severity of injury.[23]

The DLSA/SLSA receive applications, verify evidence, and recommend both interim and final compensation. This decentralised approach ensures that victims, especially in rural and remote areas, receive prompt and accessible justice.

Probation of Offenders Act, 1958

Even when the offender is released on probation, Section 5(1) of the Probation of Offenders Act, 1958 empowers courts to order payment of compensation for the loss or injury suffered by the victim. [24]This order can be made at the same time the offender is released under Section 3 or Section 4 of the Act. The compensation and costs are to be paid as the court deems reasonable, and amounts paid can be recovered as a fine.

This ensures that restorative justice principles are upheld, offenders take responsibility for harm caused, even without serving imprisonment.

Motor Vehicles Act, 1988

For road accident victims, the Motor Vehicles Act, 1988 provides two significant routes of compensation:

• Section 166: It allows victims or legal representatives to apply for compensation before the Motor Accident Claims Tribunal [25] and
• Section 163A: It introduces no fault liability, ensuring immediate relief without proving negligence.[26]

This system reflects the humanitarian principle that victims deserve relief irrespective of the offender’s guilt.

Compensation Schemes For Specific Victims

Victim compensation in India forms an integral part of restorative justice. Recognising that victims often face severe physical, emotional, and financial trauma, the State has established a structured framework to ensure financial relief and rehabilitation. Schemes like the Central Victim Compensation Fund (CVCF, 2015) and the NALSA Compensation Scheme (2018) standardise relief across states, particularly for victims of heinous offences such as acid attacks and rape. These measures are implemented through the State Legal Services Authorities (SLSA) and District Legal Services Authorities (DLSA) under the supervision of the National Legal Services Authority (NALSA).

Compensation for Acid Attack Victims

Central Government Schemes :

Central Victim Compensation Fund (CVCF), 2015

Established by the Ministry of Home Affairs, the CVCF provides financial assistance to states and union territories to support victims of acid attacks and other heinous crimes. It supplements the funds allocated under state victim compensation schemes. The fund ensures that no state provides less than the prescribed minimum relief to victims.[27]

Prime Minister’s National Relief Fund (PMNRF)

Under this fund, additional compensation of ₹1 lakh is provided to acid attack victims. This is separate from and in addition to the CVCF and state compensation amounts.[28]

NALSA (Legal Services to Victims of Acid Attacks) Scheme, 2016

This scheme guarantees that acid attack victims receive both legal assistance and compensation. It mandates SLSA and DLSA to facilitate medical care, free legal aid, and psychosocial counselling for victims.[29]

State-Level Schemes :

Punjab Financial Assistance to Acid Victims Scheme

The Punjab government provides monthly financial assistance of ₹8,000 to female victims who have suffered at least 40% disability due to an acid attack. The scheme also includes provisions for free medical treatment and rehabilitation.[30]

Haryana Scheme for Relief and Rehabilitation of Women Acid Victims

This scheme offers free treatment at government approved hospitals and an ad hoc relief of ₹1 lakh to the victim for immediate needs.[31]

Other States

Many states have introduced their own compensation mechanisms under Section 357A CrPC, which may also be supplemented by funds such as the Chief Minister’s Relief Fund.

Minimum Compensation under NALSA Guidelines :

Source: National Legal Services Authority, Compensation Scheme for Women Victim of Sexual Assault/Other Crimes (2018).

Compensation for Rape Victims

National and Central Government Schemes:

Central Victim Compensation Fund (CVCF)

The CVCF provides financial support to states and union territories to meet the costs of their own victim compensation schemes. It ensures that victims of sexual offences, including rape, receive compensation even when offenders are not convicted or identified.[32]

NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes 2018

This scheme was developed to remove disparities in compensation amounts between states. It ensures a minimum standard of relief for women victims. Under this, rape survivors are entitled to ₹4-7 lakh, and victims of gang rape or those suffering grievous injury or death are entitled to ₹5-10 lakh.[33]

Mission Vatsalya (Child Protection Programme)

This program offers integrated support services, including financial assistance and rehabilitation for child victims of sexual offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012.[34]

State-Level Victim Compensation Schemes :

Every state and union territory has its own Victim Compensation Scheme, often aligned with the central NALSA guidelines and supplemented by the CVCF. These are implemented by the SLSA and DLSA.
Example:The Punjab Victim Compensation Scheme, 2017, provides compensation for victims of sexual assault in accordance with NALSA’s model scheme.[35]
Under Bharatiya Nagarik Suraksha Sanhita, 2023, courts can recommend compensation even when no trial is concluded, ensuring relief is not delayed due to procedural constraints.

Judicial Trend

The judiciary in India has played a pivotal role in shaping the concept of compensatory justice for victims of crime. Through progressive judicial interpretation, courts have expanded the scope of compensation beyond mere punishment of offenders, recognizing the State’s responsibility to rehabilitate and restore victims.

Rudal Shah v. State of Bihar (1983)

The foundation of compensatory jurisprudence in India was laid in the landmark case of Rudal Shah v. State of Bihar. [36]The petitioner, Rudal Shah, was unlawfully detained for over fourteen years despite his acquittal.

The Supreme Court, speaking through Justice Y.V. Chandrachud (C.J.), held that the Court has the authority under Articles 32 and 226 of the Constitution to award monetary compensation for the violation of fundamental rights. The Court observed that compensation must be granted not merely to punish the wrongdoer but to restore the dignity and liberty of the victim.

This case marked the beginning of the doctrine of constitutional tort, establishing that illegal acts of the State causing injury to an individual could give rise to liability for compensation. Justice Chandrachud emphasized that the scope of such compensation extended to the victim’s family including spouse, parents, and children recognizing the wider social impact of State-inflicted harm.

Bhim Singh v. State of Jammu & Kashmir (1986)

The next milestone came in Bhim Singh v. State of J & K. [37]In this case, the petitioner, an elected Member of the Legislative Assembly, was wrongfully arrested and detained by the police, thereby depriving him of his right to attend a legislative session.

The Supreme Court found that his fundamental rights under Articles 21 and 22 were violated and directed the State to pay a compensation of ₹50,000 to the petitioner. Justice O. Chinnappa Reddy observed that unlawful detention with a malicious intent to obstruct a legislator’s constitutional duties could not go unpunished.

This judgment significantly strengthened the doctrine of compensatory justice, making the State accountable for deliberate abuse of authority by its officials.

Bodhisattwa Gautam v. Subhra Chakraborty (1996)

A decade later, the Court expanded the scope of compensation in the context of sexual violence in Bodhisattwa Gautam v. Subhra Chakraborty. [38]The Court held that rape is not merely a crime against an individual woman but a crime against society that violates her right to life and dignity under Article 21. The accused was directed to pay interim compensation of ₹1,000 per month to the victim during the pendency of the trial even before conviction.

The judgment emphasized the principle of restorative justice, observing that monetary compensation serves as both a deterrent and a means of rehabilitation for victims of heinous crimes. This decision was one of the earliest instances where the Court recognized a victim’s independent right to compensation, irrespective of the outcome of the criminal proceedings.

D.K. Basu v. State of West Bengal (1997)

The jurisprudence reached its constitutional maturity in D.K. Basu v. State of West Bengal[39]. The case arose from increasing incidents of custodial deaths and torture. The Supreme Court, while issuing comprehensive guidelines for arrest and detention, held that the right to life includes the right to live with human dignity, and any violation thereof by State functionaries must be compensated.

Justice A.S. Anand observed that monetary compensation is an appropriate and often the only effective remedy for the redressal of the infringement of fundamental rights.

The Court further ruled that the defence of sovereign immunity cannot shield the State from liability, and the State is vicariously liable for wrongful acts committed by its officials in the course of their duty.

State of Andhra Pradesh v. Challa Ramakrishna Reddy (2000)

In State of Andhra Pradesh v. Challa Ramakrishna Reddy[40], the Court reaffirmed its stance on State accountability by awarding ₹1,44,000 to the heirs of a prisoner who died while in judicial custody. The State argued that the incident occurred during the exercise of its sovereign functions. Rejecting this plea, the Court held that the right to life is a constitutional guarantee that overrides the outdated doctrine of sovereign immunity. The judgment reinforced that any breach of the right to life by public authorities must attract liability and compensation.

Delhi Domestic Working Women’s Forum v. Union of India (1995)

Although slightly earlier in time, Delhi Domestic Working Women’s Forum v. Union of India [41]deserves special mention. The Court, addressing the plight of rape victims, directed the establishment of a Criminal Injuries Compensation Board and mandated the government to frame a scheme for compensating victims of sexual assault. It also directed that the identity of rape survivors be kept confidential and recommended financial, psychological, and social rehabilitation measures. This case laid the groundwork for later statutory provisions on victim compensation, including Section 357A of the Code of Criminal Procedure, 1973, and now Section 198 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Thus, the cumulative effect of these judgments led to the formal statutory incorporation of victim compensation under Section 357A, CrPC (inserted by the 2008 Amendment), which mandates State Governments to prepare schemes for compensating victims of crime. This principle is continued under BNSS, 2023, ensuring that victims receive financial and rehabilitative assistance through State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs).

Victim Support And Rehabilitation

Support Schemes for Victims of Crime

Victim support mechanisms in India have evolved considerably in recent decades, driven by the judiciary, legislative reforms, and policy initiatives. The Constitution, particularly Articles 21 and 39A, guarantees protection and legal aid to all citizens, including victims of crimes. Recognizing the need for uniformity and fairness in compensating victims, several central and state-level schemes have been developed to ensure access to justice, rehabilitation, and financial assistance.

Central Victim Compensation Fund (CVCF)

The Central Victim Compensation Fund (CVCF) was established by the Ministry of Home Affairs in 2015

as a national framework to standardize compensation across states and Union Territories. It operates under Section 357A of the Code of Criminal Procedure, 1973, which mandates that both central and state governments prepare compensation schemes for victims of crime.

Purpose: The CVCF provides financial support to states and UTs to implement and strengthen their own Victim Compensation Schemes (VCS). It reduces disparities in compensation amounts and supplements state resources to ensure adequate relief to victims of heinous crimes such as acid attacks, rape, and human trafficking.

Funding: The fund was established with an initial corpus of ₹200 crores, administered by a committee under the Additional Secretary (CS), Ministry of Home Affairs. States and UTs receive a one time grant for implementing their own compensation mechanisms.

Eligibility: Victims of specific crimes including sexual assault, human trafficking, acid attacks, and crimes against children are eligible for compensation. The CVCF also provides financial support in cases where compensation from the state fund is delayed or inadequate.

Administration: Each State Legal Services Authority (SLSA) and District Legal Services Authority (DLSA) manage applications under the scheme. The National Legal Services Authority (NALSA) supervises uniformity in implementation across jurisdictions.

Example: The CVCF Guidelines (2015) established uniform compensation norms, prescribing minimum amounts such as ₹3 lakh for rape victims and ₹5 lakh for acid attack victims suffering over 50% burns. [42]

State Victim Compensation Schemes (VCS)

Each state and UT has formulated its own Victim Compensation Scheme in accordance with Section 357A CrPC. The schemes provide monetary assistance to help victims cope with the physical, emotional, and financial aftermath of crime.

Legal Basis: Section 357A(1) CrPC mandates that “every State Government in coordination with the Central Government shall prepare a scheme for providing funds for compensation to victims or their dependents who have suffered loss or injury as a result of the crime.” [43]

Implementation: Claims under these schemes are filed before the DLSA or SLSA, which verify victim eligibility and disburse compensation. Victims who are unable to claim due to financial or physical constraints are also provided with legal aid to assist in their application.

Examples:

• Delhi Victim Compensation Scheme, 2018: Provides up to ₹7 lakh for rape victims and ₹8 lakh for acid attack victims.
• Maharashtra VCS, 2017: Grants ₹5 lakh to victims of grievous hurt or acid attack.
• Tamil Nadu VCS, 2013: Extends support to victims of human trafficking and sexual assault.

In Laxmi v. Union of India[44] , the Supreme Court directed all states to establish victim compensation funds for acid attack survivors, leading to uniform application of Section 357A CrPC across India.3

Other Legal Provisions and Specific Schemes

1. The POCSO Act, 2012

   Under Section 33(8) and Rule 7 of the POCSO Rules, 2020, courts can recommend interim and final compensation to child victims of sexual abuse. The Mission Vatsalya Scheme extends psychosocial support, legal aid, and shelter services to affected minors. [45]

2. The Domestic Violence Act, 2005Under Section 22, courts may direct the respondent to pay compensation and damages for mental and physical injuries suffered by the aggrieved person. [46]
3. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989Rule 12(4) of the PoA Rules, 1995 provides for immediate relief and compensation to victims belonging to SC/ST communities. Payments are made in three stages: at the filing of the FIR, upon charge-sheet submission, and post-conviction. [47]
4. Probation of Offenders Act, 1958Section 5 empowers courts to order offenders to compensate victims for losses incurred due to criminal acts. This serves as both restitution and restorative justice. [48]
5. Motor Vehicles Act, 1988Under Sections 161 to 164, victims of road accidents are entitled to compensation from the Motor Accident Claims Tribunal (MACT). These provisions emphasize strict liability and ensure compensation irrespective of fault. [49]

Supreme Court’s Role in Victim Compensation

The Supreme Court has played a crucial role in expanding the concept of victim compensation. Under Article 32 of the Constitution, the Court has ordered compensation in cases involving the violation of fundamental rights.

In Nilabati Behera v. State of Orissa[50] , the Supreme Court awarded compensation for custodial death, holding that state liability arises directly from the violation of Article 21.

Similarly, in Bodhisattwa Gautam v. Subhra Chakraborty[51], the Court recognized that rape is not only an offense against the individual but also a violation of basic human rights, mandating interim compensation to victims.

Rehabilitative Measures For Victims Of Crime

Mental and Physical Healthcare

Victims of crimes often suffer both visible and invisible injuries. The physical impact may include burns, fractures, or other forms of harm, while psychological trauma manifests as post traumatic stress disorder (PTSD), depression, anxiety, and insomnia. The National Mental Health Programme (NMHP) and District Mental Health Programmes (DMHP) under the Ministry of Health have integrated victim counselling and trauma care into community health services. [52]

Under the One Stop Centre (OSC) Scheme, launched by the Ministry of Women and Child Development, victims of gender-based crimes receive 24-hour emergency response, medical aid, counselling, police facilitation, and shelter services. This holistic medical and psychological assistance ensures victims are not re-traumatized during recovery.[53]

Case Example: In Delhi Domestic Working Women’s Forum v. Union of India [54], the Supreme Court recognized the necessity of psychological rehabilitation and counselling for rape survivors, emphasizing the State’s responsibility to provide both medical and emotional support.

Community and Social Support

Social rehabilitation is essential for reintegration and preventing isolation. Community support helps rebuild trust and restores victims’ confidence to re-engage socially. Support groups, community based organisations, and NGOs play a key role in this process.

The National Commission for Women (NCW) collaborates with community counselling centres and NGOs to provide long-term rehabilitation services to women victims of violence, including vocational training, legal aid, and social reintegration. Similarly, Mission Shakti and Mission Vatsalya focus on empowering women and child victims through [55]counselling, education, and livelihood initiatives.

Real-world example: The Stop Acid Attacks Campaign and Chhanv Foundation have successfully rehabilitated hundreds of acid attack survivors by offering them employment, education, and community-based counselling.

Legal and Judicial Assistance

Victims require consistent legal assistance to navigate the justice system, ensure fair representation, and protect themselves from intimidation or secondary victimization. Under the Legal Services Authorities Act, 1987, victims are entitled to free legal aid provided by NALSA, SLSA, and DLSA. These authorities not only provide counsel but also assist in filing compensation claims under Section 357A of the Code of Criminal Procedure, 1973.

The Witness Protection Scheme, 2018, approved by the Supreme Court in Mahender Chawla v. Union of India ensures that victims and witnesses receive identity protection, relocation, and financial support during proceedings[56].Such protective measures are vital in ensuring victims’ continued participation in the justice process without fear.

Financial Compensation

Financial stability plays a crucial role in the recovery of victims. Compensation can cover medical expenses, loss of income, rehabilitation costs, and damages for pain and suffering. The Central Victim Compensation Fund (CVCF) and corresponding State Victim Compensation Schemes (VCS) under Section 357A CrPC provide structured financial assistance.

Judicial Trend: In Ankush Shivaji Gaikwad v. State of Maharashtra [57], the Supreme Court directed courts to consider awarding compensation to victims as an integral part of sentencing, recognizing restitution as a judicial duty.

Real-World Impact of Rehabilitative Measures:

1. Improved Psychological Well-Being

   Access to therapy and counselling reduces trauma symptoms such as anger, anxiety, and fear, improving victims’ ability to rebuild a sense of identity. Research by the Indian Journal of Psychiatry shows that structured trauma interventions significantly reduce long-term PTSD symptoms in crime victims.

2. Enhanced Social and Economic StabilityFinancial aid and vocational rehabilitation enable victims to regain self-sufficiency. The NCRB 2022 Report observed that compensation and employment rehabilitation programs notably increased victims’ reintegration rates, especially among women affected by violence. [58]
3. Greater Sense of Justice and DignityParticipating in the justice process, especially through restorative justice models, gives victims a sense of closure and empowerment. In State of Gujarat v. Hon’ble High Court of Gujarat [59], the Supreme Court emphasized that justice must include recognition of the victim’s suffering and active participation in proceedings.
4. Increased ResilienceWith continued support, victims often demonstrate post-traumatic growth gaining resilience and community leadership roles. Long-term studies by TISS and NIMHANS reveal that access to sustained psychosocial and economic support reduces relapse into poverty and enhances societal participation among victims of gender-based violence.

Relationship Between Victim And Offendor

The victim offender relationship refers to the connection that exists between a victim and the person who commits the crime. This relationship can range from complete strangers to close family members or intimate partners. Understanding this relationship is vital in victimology because it helps determine the type of crime, its emotional and social impact, and how justice and rehabilitation should be approached. In most modern crimes, victims and offenders are not strangers they often share a pre existing relationship, such as friendship, marriage, kinship, or workplace association. This dynamic shapes the victim’s experience of trauma, the likelihood of reporting the crime, and the kind of support required afterward.[60]

• Stranger Relationship: In some crimes, the offender and victim do not know each other before the incident. Such cases are common in thefts, robberies, and random assaults. Victims of stranger crimes usually experience intense fear and insecurity in public spaces but are more likely to report the crime to authorities.[61]
• Acquaintance Relationship: Here, the offender is someone the victim knows casually a neighbour, colleague, or family friend. These cases often occur in settings of social trust and can lead to shock and betrayal. Victims may hesitate to report due to social embarrassment or fear of disbelief.
• Familial or Intimate Relationship: This involves close personal bonds such as spouses, partners, or parents. Crimes like domestic violence, child abuse, and marital rape fall under this category. Such cases cause severe emotional trauma and complex feelings of guilt or shame. They also tend to remain under-reported due to dependence or societal stigma.
• Authority or Power-based Relationship: Sometimes the offender is in a position of power over the victim for example, a teacher, employer, or police official. The abuse of authority increases the victim’s vulnerability and reduces their ability to seek justice without fear of retaliation.

Impact on Victims and Justice System: The closer the relationship, the deeper the psychological harm. Victims may feel betrayed and isolated. The justice system must therefore ensure special protections such as counselling, witness protection, and legal aid to help victims participate confidently in the legal process. In State of Punjab v. Gurmit Singh, the Supreme Court stressed that the testimony of victims in sexual crimes must be respected even when the offender is known to them.

Rehabilitation and Policy Perspective: Understanding the victim offender link helps in designing victim-centred policies. For example, the Protection of Women from Domestic Violence Act, 2005 and the POCSO Act, 2012 recognise that offenders are often part of the victim’s family or social circle. Hence, these laws provide for shelter homes, counselling, and compensation rather than only punishment.

AI-Based Tools And Technology In Victim Support

Artificial Intelligence (AI) has become an important part of modern victim support systems. These tools help provide fast, personalized, and continuous assistance to individuals who have suffered from crimes such as domestic violence, cyber abuse, sexual assault, or human trafficking. AI can act as an immediate source of help when human support is not available, offering emotional comfort, legal information, and emergency responses. However, while the potential of AI in supporting victims is immense, it must be implemented carefully to avoid ethical problems such as privacy invasion, data misuse, or algorithmic bias.

Positive Applications of AI in Victim Support

• 24/7 Accessibility and Immediate Support: AI-powered chatbots and virtual assistants can provide victims with continuous support at any time of day. For instance, online helplines using AI can share information about legal rights, counselling services, and emergency shelters. These systems are particularly helpful in remote or rural areas where in-person support is limited.[62]
• Ensuring Anonymity and Confidentiality: Many victims hesitate to report crimes due to fear of judgment, social stigma, or retaliation. AI-based platforms allow victims to share their experiences anonymously, giving them a sense of safety and control. For example, some digital reporting tools enable victims to record incidents confidentially and decide later if they want to forward the report to authorities.
• Personalized and Data-Driven Assistance: AI algorithms can process victims’ inputs to suggest relevant support such as connecting them to specific legal services or psychological counsellors. Machine learning can also identify the type of support that would be most effective for each person based on their situation, ensuring victims receive timely and personalized help.[63]
• Reporting and Documentation: AI tools can make the reporting process easier and less stressful by guiding victims step-by-step through digital forms and automatically organizing evidence such as messages or photos. This saves time and ensures accuracy in data collection, which can help the police and courts handle cases more efficiently.
• Early Detection and Intervention: Certain AI systems can scan social media or online forums for warning signs of distress, abuse, or self-harm. By analyzing patterns in language or behaviour, they can alert authorities or NGOs for early intervention. This has already been used in several countries to prevent repeated domestic violence or human trafficking cases.

Ethical Concerns and Risks

While AI brings many advantages, its use in victim support also raises serious ethical questions:

• Privacy and Data Security :Victims’ personal data is highly sensitive. If AI systems collect or store such information without proper safeguards, it could be hacked, leaked, or misused. Strict data protection

laws and encryption standards must be followed to ensure that victims’ identities and testimonies remain confidential.[64]

• Bias and Discrimination: AI learns from the data it is trained on. If that data reflects social biases, the AI could unintentionally discriminate against certain victims — for example, giving less support to women, minorities, or people from rural backgrounds. Therefore, developers must constantly monitor and correct bias in these systems.
• Transparency and Accountability: Often, it is unclear how AI reaches its conclusions or makes decisions this is called the “black box” problem. Victims and support professionals must be able to understand how these systems work and who is responsible if something goes wrong.[65]
• Overreliance on Technology; While AI is helpful, it cannot replace the empathy and emotional understanding that human support workers provide. Victims still need personal interaction, counselling, and reassurance something that no algorithm can truly replicate.
• Potential for Misuse: There is always a risk that technology could be exploited by offenders, such as tracking victims through apps or using AI-generated fake content to harass them. Hence, all victim-support technologies must include safety features that prevent such misuse.[66]

Developing Responsible and Ethical AI for Victim Support

• Transparency in Design: Developers should clearly explain how AI tools function, the data they use, and the limitations they have.
• Strong Data Protection: Victim data should be encrypted, securely stored, and only shared with informed consent.
• Human Oversight: AI decisions must always be checked by trained professionals who can step in whenever human judgment is needed.
• User Centric Design: Tools should be designed keeping in mind victims’ psychological state with simple interfaces, supportive language, and accessibility features.
• Partnerships with NGOs and Legal Bodies: Collaboration ensures that AI systems reflect real world needs and ethical best practices.

When these safeguards are in place, AI and technology can complement human efforts to create a safer, faster, and more compassionate support system for victims of crime.

Conclusion

The evolution of victim rights and support in India marks a major shift from an offender centered justice system to one that recognizes victims as central to the process of justice. Judicial interventions, such as in Rudal Shah v. State of Bihar and Bodhisattva Gautam v. Subhra Chakraborty, have laid the foundation for compensatory and restorative justice, ensuring that victims receive fair redress and dignity. Government initiatives like the Central Victim Compensation Fund (CVCF) and various state schemes have further strengthened the legal framework by providing financial and emotional support to victims of crimes such as rape, acid attacks, and trafficking.

At the same time, new technologies like AI based tools and digital platforms have opened modern avenues for victim support offering accessibility, confidentiality, and timely help. However, ethical safeguards must remain at the core to protect victims’ privacy and dignity. Ultimately, a balanced approach combining legal reforms, rehabilitation, and responsible technology can create a more humane and responsive justice system where every victim’s voice truly matters.

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