Dr. Krishan Vij Prof. & Head Department Of Forensic Medicine Govt. Medical College & Hospital

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 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 • hate/ bias at the hands of the • 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 non-cognizable 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 & 26IEA

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….

Code of Criminal Procedure Sec 162 provides: (i) statement given to the police under sec 161 shall not be signed by the person making 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.

Code of Criminal Procedure… contd. Sec 172 requires: 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.

Code of Criminal Procedure… contd. Sec 173 requires: 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

Dr. Krishan Vij Prof. & Head Department Of Forensic Medicine Govt. Medical College & Hospital