Victimology

Topic: Sexual Offences

 Victimlogy – Sexual offences
The concept of Victimology has spread its good in to Indian
Criminal Jurisprudence Strongly in recent days by virtue of
precedents and statutory provision.
The UN Convention on Basic Principles of Crime and Abuse of Power
1985
Who is Victim ?
Sec- 2(wa) Cr-PC :- Defines as the person who has suffered
any loss or injury due to the offence including the guardian
or legal heir.

Doctrine of Victimology :- Contemplates protection,

compensation, rehabilitation etc.
Recent amendments to the statutes and codes have focused
on these aspects.
Witnesses are the eyes and ears of justice”- Jeremy Bentham
Malimath committee says “By giving evidence relating to the commission of an
offence he performs a sacred beauty of assisting the court to discover the
truth”.
Zahira Habibulla Shaikh and another V/S State Gujrath 2004
SC observes if the witness get returned or are forced to give false evidence that
also would not result in a fair trial.
The first ever reference of witness protection is in 14th report of Law
commission of India in 1958.
4th Law Commission report 1980 says “Prosecution witnesses are turning
hostile because of pressure of accused and there is need of regulation to check
manipulation of witnesses.
Justice V R Krishna Ayyar -

It is the weakness of our jurisprudence that Victims of crime and the distress of
the dependents of the Victim do not attract the attention of law. Infact,
Victim reparation is still the vanishing point of our criminal law. This is the
deficiency in the system, which must be rectified by the legislature.
Sec-195 A IPC Introduced in 2006- Criminal Intimidation of witnessess is a
criminal offence.
Other enactments which provides for safeguarding witnesses against threat
are
• Juvenile justice act 2015
• Whistle Blowers Protection Act 2011
• POCSO Act 2012
• National Investigation Agencies Act
• SC/ST (POA)Act 1989
Procedural Protective Measures for Victims
of Sexual Offences.
Victim Protection :- It is from the following fields.
a) Investigating agencies b) Accused
c) Media d) Court Proceedings
COPC is amended to take care or minimize or rule out any
inconvenience of apprehensions of harassment .
See 154 CrPC:- Provisos mandate the information from
Victim in sexual offences shall be recorded by a Woman
* Police offices or a women officers.
* In case of disabled Victim, information to be recorded at
the residence of victim.
* Similar provision is there in POCSO Act.
Sec – 160 CrPC:- Mandates that a woman cannot be called
to police station to record her statement.

* Violation of this mandate is an offence u/s 166(A) IPC

* These provisions vanish the apprehensions that victim

of sexual offences have to appear control. Before the
police frequently which is not only enter acing but also
lot of inconvenience.

* What is required is to observe procedure and creating

awareness among public.
 To provide Immediate free medical Aid

 Sec-357- CrPC:- Mandates all hospitals whether Govt

(Central or State) or Local bodies or Private Bodies shall
provide immediate first aid or treatment free of cost to
nicotine of Sexual Offences.

 Sec-166 (B) IPC:- Contravention of Promises of CrPC is

punishable with imprisonment which may extend to one
year or with fine or with both.
Care & Protection of Victim of Sexual
Offences.
Sec – 19 (5) of POCSO Act:- When men
the special Juvenile Police Unit or local
Police is satisfied that the child(Victim) is
in need of care and protection, he shall
make immediate arrangement to give
such care land protection including
admitting in to shelter home or to the
nearest hospital within 24 hours of report.
Section 24(3) POCSO Act :- Mandates that I.O
While examining the child shall ensure that at no
point of time, the child come into contact
in anyway with the accuse.

Sec – 33 (2) of POCSO Act:- Prescribes that the

public prosecutor and defense counsel have to place
questions to the child through the Hon‟ble Court.
Which puts them to the child to avoid intimidating
questions or to make the child (victim) witness free
from fear.
Sec – 33 (3) :- The court can permit frequent
breaks to the child during trial.

* Cl(4) :-Court to create child friendly atmosphere

by allowing the parents or guardian or in whom
the child has confidence, into the court.

* Cl(5) :- Court to ensure child is not called repeat-

edly to testify in the court.
* Cl(6) :-Court Shall not permit aggressive or
character assaselination questions to the child and
shall ensure that dignity of child to be maintained
during trial.

* Cl(7) :- Court to ensure that identity of child is

not disclosed at any time during investigation or
trial. Identity of child includes child‟s family,
school, relations, neighbor hood or any other
information by which Childs identity is revealed.
Sec – 35 of POCSO Act:- The child shall be recorded
within thirty days of taking cognizance of offence by
the court and trial within one year of taking cognizance
of offence.

Sec – 36 :- child not to see accused at the time of

testifying, Video conferencing, single visibility mirrors
or curtains to be used.

Trial to be conducted in camera.

Similar pronisos are introduced in Cr-PC vide sees 273

and 309.
 Witness Protection Scheme- 2018
Object of the Scheme :- To ensure that investigation, Prosecution and
trial is not prejudiced due to intimidation to give statement or
evidence.
Witness to an offence needs confidence about safety or protection from
the accused or his people not only to him but also his dependants during
investigation, trial and thereafter.
Witness Protection may be as simple as providing polic escort to the
witnesses upto the court room or using modern technology (such as
audio video means) for recording testimony.
In complex cases organized criminal groups etc., witness anonymity,
change of residence, giving new identity, relocation of witnesses are also
involved.
Offences:- Offences punishable with death or life imprisonment or
imprisonment upto 7 years and above and also offences against women
are involved.
 Categories of Witness as per threat
Perception
 Category „A‟ :- Where the threat extends to life of
witness or his family members, during investigation trial
or thereafter.

 Category „B‟ :- Where the threat extends to safety,

reputation or property of the witness or his family
members during investigation / trial or thereafter.

 Category „C‟ :- Where the threat is moderate and

extends to harassment or intimidation of the witness or his
family members, reputation or property, during
investigation/ trial or thereafter.
 Filing of Application before competent
Authorities

“Competent Authority” :- Means a standing committee in each district

chaired by the District & Sessions Judge and Head of the Police in the
district as member and Head of the Presentation in the district as its
Member Secretary.

The Application for seeking Protection order under this scheme can be
filed in the prescribed form before the competent Authority of the
concerned District where the offence is Committed, through its Members
secretary along with supporting documents if any.

Witness protection application can be moved by witness, his/her family

member, his/her duly engaged counsel or IO/SHO/SDPO/Jail
Superintendent concerned.
Procedure for processing the Application

a) As and when an application is received by the

Member Secretary of the competent Authorities,
it shall forth with call for threat Analysis, Report
(TAR) from the ACP/DSP in charge of concerned
Police Sub Division.
b) Depending upon the urgency in the matter owing
to imminent threat, the competent Authority can
pass orders for interim protection of the witness or
this family members during the pendency of the
application.
c. The Threat analysis (T.A) Report shall be prepared
expeditiously maintaining full confidentiality. It shall
reach the competent Authority within five weeks of
receipt of order.
d. The T.A Report shall categories the threat perception
and also include suggestive protection measures for
providing adequate protection to the witness or his
family.
An Application shall be disposed of within five working
days of receipt of T.A report from the police.
The witness protection order passed shall be implemented
by the “witness Protection cell” of the state / UTs or the
Trial Court as the case may be overall responsibility lie on
the head of the police in the State/UT.

W.P cell to file monthly follow up report before

competent Authority.
 Types of Protection Measures

The Protection order shall be proportional to the threat

& shall be for a specific duration not exceeding 3 months
at a time.
a. Ensuring witness & accused do not come face to face
during investigation or trial.
b. Monitoring mail or phone calls
c. Change the witness telephone number
d. Assign him/her an unlisted number.
d) Installation of security devices – Security doors,
CC TV, alarms, fencing etc.,
e) Concealment of identity witness by referring to
him / her a changed name or alphabet.
f) Emergency contact persons for witness .
g) Close Protection, Regular patrolling around the
witness's house.
h) Temporary change of residence to a relatives house or
nearby town.
i) Escort to & from the court, govt vehicle or state
tended conveyance.
j) In Camera Trials.
k) Following a support person to be present during
recording of statement & deportation.
l) Specially designed vulnerable court

 Live Video Links, one way mirrors, Screens Separate

passage for witness & accused.
 Option modify the images of face of witness and
audio feed of witnesses voice so that he/she is not
identifiable.
m) Expeditious reusing of deposition, day to day basis
trial without adjournments.
n) Awarding time to time periodical financial aids/
grants to witness form “W.P fund” for the
purpose of relocation, substance or starting a
new vocation/Profession if required.

o) Amg other form of protection measures

considered necessary.
 Relocation of Witness

In appropriate cases adhere there is a request

from the witness for relocation, based on Threat
analysis Report, decision can be taken by
competent Authority. Order can be made keeping
in view of safety, welfare & well being of the
witness ( Within State/UT or Indian union)
Expenses based by W.P fund.
 Witness to be appraised of the Scheme

 State shall give wild publicity to the scheme .

 I.O & Court shall inform witness about the
scheme.
 This W.P Scheme was discussed by the supreme
Court in Mahendra Chawla v/s Union of India in
2018.
 S.C Order
 The Union of India states & UT‟s shall enforce the
scheme .
 It shall be law under Act 141\/142 of Indian
Constitution.
 and in all the district Courts, Vulnerable witness
deposition complexes shall be set up by the states/
UT‟s. Within 2019.
 Centre to support for necessary financial provisions.
 Victim Compensation scheme-2011,2018

Deals with quantum of compensation to women victims / Survivors of

sexual assault/other Crimes.
Supreme court in W.P (Civil)565-2012- Nipun Suxena v/s Union of India
orders for implementation of model victim compensation scheme and
to create a victim compensation scheme.

Eligibility:- Victim is eligible for compensation if the

- Offender is not traced or identified, no trial takes place.
- The crime to be reported to SHO within 48 hrs of occurrences.
- Any Superior police officers are executive or judicial magistrate of
the area can also report.
- The DLSA may condone in the delay for valid reasons.
- The Victim/climant shall co-operate for investigation and trial.
- If the court orders the accused to pay any file, the climant/victim
has to remit the amount of compensation a or fine amount
whichever is less.
- No claim shall be entertained after 12 months from the date of
crime, the DLSA condone the delay for reasons satisfied.
 Compensation and Rehabilitation of
victims of Sexual offences
Sec -357 CrPC – It Drastically amended (deals with
compensation) is – it is a general provision.

Sec – 357(A) – Victim compensation scheme – State

government shall prepare a scheme for providing
funds for this purpose.

Sec – 357(A) (2) – State or District Legal cell authority

on recommendation of count shall decide the
quantum of compensation.
Sec – 357(A)(3) – The count if satisfied that the
compensation awarded of 357 is not adequate or
when the accused is discharged or acquitted, may
recommend for compensation.

Sec – 357(A)(4) –Where the offender is not traced or

identified, where no trial takes place, then also, an
application may be made to the legal service
authorities for compensation
Sec – 357(A)(5) – The L. S Authority with due
verification shall award compensation within 2
months.
Sec – 357(A)(6) – Interview relief in appropriate cases on
a certificate from SHO or magistrate concerned can
be ordered by L. S Authority.
 Relevant Provisions under POCSO Act
• In Sec-4 (Punishment for Penetrative Sexual
attack ) and in sec-6 (Punishment for aggravated
penetrative sexual attack), following provision
is added.
•“The five to be imposed against the accused
shall be just and reasonable to meet the
medical expense of the treatment and five
imposed shall be paid to the victim.”

• Provision under GPC are also applicable to

POCSO Act also.
 The Rules under SC &ST(pof A) Act 1995

Directs to provide TA & DA to the victim & witness to

attend the court.
-The State government has to provide funds in the
annual budget for relief and rehabilitation facilities to
the victims of atrocities
- The State has to prepare plans for immediate relief
in cash or in kind or in both, allotment of agricultural
land, government job, provision to curious, house,
mandatory compensation etc.
 Protection from Domestic Violence
• Deals with providing shelter, maintenance to the
victims of D.V.
• Maintenance and welfare of patents and senior
citizens Act 2007 deals with maintenance to them
from
children or relatives.
• M. V Act contemplates payment to the victims or
dependents compensation from runner of the
vehicle and driver in case of accident.
Plea Bargain:- Sec- 265(E) Cr-PC directs the court
to award compensation to the victim while dispersing
the case.

Sec- 5 of Probation of Offenders Act contemplates

payment of compensation by the accused to the victim.
Thanking You