“VICTIMOLOGY, A NEW CONCEPT OF CRIMINAL JURISPRUDENCE.”

“VICTIMOLOGY, A NEW CONCEPT OF CRIMINAL JURISPRUDENCE.”

[1] INTRODUCTION:

The word “victim” appearing in the phrase “victimology” includes a person who has faced some injury or damage to either his body or reputation or property in consequence of some illegal act of another. Such injury or damage can be termed as Constitutional tort, civil wrong or criminal damage as the interaction between the victim and the person who caused the injury or damage may fall. But as our subject on hand is regarding victimology’s concept in criminal jurisprudence we have to discuss about damage caused during interaction of criminal nature and its effects and remedies available to the victim to compensate it. The discipline of “victimology” deals with the study of the aspects regarding problems and its remedies, in terms of compensation, which includes rehabilitation and restitution from the offender or the State.

[2] “VICTIMOLOGY” FROM THE VIEW POINT OF VICTIM:

Most of the time the victim of a crime is placed on receiving end. In spite of the fact that he is the one who has suffered the pain, faced the intolerable agony, lost an earning and dearly member of the family, faced social stigma to his reputation or lost his property the victim in most of the cases is supposed to be silent spectator of the proceeding of the crime taking place in a court of the law.

Leaving apart few exceptional cased, the victim does not become entitled for the compensation till the proceeding is finally decided. At the end of the proceeding also, in most of the cases if and only when the offender is held responsible for the damage to the victim and get convicted then only the victim becomes entitled and that too under the discretion of the court, for the compensation.

In general, the victim has no say in his case wherein he has suffered. He has to remain tight lipped on the mercy of the public prosecutor and of the court. Being judicial officer, we all must have felt at times that when pity-shy victim appears before a court and found himself crowded by defense attorney at one side and public prosecutor on other, the judge in front and the spectator society behind, the poor fellow becomes pettier and more shy. Whenever an enthusiast complainant or victim try to present his agony before the court during the trial, the court shut him up saying the State representative will look after the matter for him and if he has anything to say he must say it through the prosecutor. Of course, this is the general observation and subject to the provision of section 301 of the Code of Criminal Procedure the aggrieved party has all the rights to take part in the proceedings of the matter of which he is the center point.

Hon’ble the Supreme Court* has firmly observed that, “the victim is certainly entitled to reparation, restitution and safe guard of his right. Criminal Justice would look hollow if Justice is not done to the victim of crime. A victim of a crime cannot be a “forgotten man” in the criminal justice system.” Of course, it is the duty of the State to bring justice home to the victim, but being the aggrieved party the victim deserves to be heard and satisfied with justice done.

[3] REMEDIES AND ITS EFFECTIVITY:

By many landmark rulings of our constitutional courts, the remedy of compensation for redressing the violation of fundamental rights of victims of constitutional torts was firmly established in India. Many civil laws are dealing to compensate the civil wrongs. Different laws are enacted to look after the victims of accidents and natural calamity to redress their damages and injuries. The Motor Vehicles Act, the Indian Railways Act, the Carriage by Air Act, Bhopal Gas Leak Disaster Act etc. are such Acts providing effective remedies to victims. But as far as victims of crimes are concerned no enough effective and specific provisions are there in criminal justice system. The current and only provisions in criminal justice system to redress the damages occurred to victim of crime are Sections 250, 357, 358 and 359 of the Code of the Criminal Procedure and Section 5 of the Probation of Offenders Act. If

the accused is convicted, the court can order him to pay whole or any part pf the fine amount and if no fine is imposed, a specific amount to the victim u/sec 357. Sections 250 and 358 empowers the court to award compensation for accusation without reasonable cause and groundless arrest respectively. Under Section 359, the court can order the accused to pay coasts of proceedings to the victim in non-cognizable cases. Under Section 5 of the Probation of Offenders Act, the court is empowered to direct the offender who has been given benefit of probation, to pay compensation to the victim. Though not sufficiently effective, these powers of court to compensate the victim are intended to do something to re-assure the victims that they are not forgotten in the criminal justice system. In this sense these provisions are very important but due to ignorance of the object behind them courts are seldom invoking them. Under Section 357 and 359 of the Code of Criminal Procedure and Section 5 of the Probation of Offenders Act the victim is entitled to get compensation only in the event of the conviction of the offender. That apart, is entirely at the discretion of the court. These provisions do not create any right to claim compensation in favour of the victim. There are hundreds of cases in which the accused persons are not convicted although offences are found to have been committed against some victim. In such cases they are left without any remedy.

[4] SUGGESTIONS:

The necessity of paying compensation to the victims of crime has also attracted attention of the United Nations. The UNO in its declaration of ‘Basic Principles of Justice for victims of crime and Abuse of Powers’ laid down the method of tackling problems of victims of crime. So far victims of crime are concerned the State represent them before the court of law. As we discussed here before the powers of the court to provide redressal compensation to victims are very limited and can be invoked only if the offender is convicted.

I strongly believe that it is high time now to amend the Criminal Procedure Code or to

enact new laws for providing adequate and effective compensation to victims of crime at the initial stage of trial or rather investigation.

Provisions can be made like giving powers to the court to order the accused to give reasonable compensation to victim while enlarging the accused on bail or provisions can be made regarding victim to claim interim compensation at the time of commencing the trial from the accused or the State.

A welfare fund can be established for victims of crime and appropriate financial contributions to such funds can be invited from the court fees, the State, NGOs or public or privet sectors. Victim Redressal Fund can be created on base like Natural Calamity Relief Fund.

Judicial and administrative authorities should be asked to make necessary arrangements to provide proper assistance and adequate and effective legal aid to victims through out the proceeding. Steps can be taken for informing victims of their rights, role and scope during the proceedings and make them aware about timing and progress of the case. Rights of victims for taking part in proceeding and getting redressal benefits should be recognized and given same importance as fundamental rights.

In criminal justice system, the victim, who is the center point of the proceeding, should be availed atmosphere wherein he feel safe, warm, secured and properly attended. During the legal proceeding of a crime, the person who is unfortunate enough to be the victim should never let to feel that he is forgotten, because “ Nothing hurts more in human heart than brooding a sense of injustice.”

* 1998 SCC (Cr) 1640

Decrees of Civil Court & its Execution

(1) Introduction:
Our topic on hand is regarding scope of introducing punishment as an additional measure for executing civil decrees and orders. Current provisions of executing decrees, including orders are effective or not is different subject. As we all know very well that executing proceedings before a Civil Court are being delayed for many reasons. Courts in such proceedings are not maintaining proper time limits and effective schedules. Delay tactics on part of decree debtors and their counsels are not handled or viewed strictly. Process serving or executing officers of the courts are not performing their duties up to the mark as they are supposed to perform. Judges, themselves are not keen enough for early, speedy and effective disposal of executing proceedings because they don’t get sufficient points or marks in their judicial work assessment in respect of disposal of such proceedings. Apart from all these factors, I am not of view that current provisions of Civil Procedure Code regarding execution of decrees and orders are ineffective.

(2) Scope:
While discussing the scope of introducing punishment as an additional measure for executing decrees and orders we must examine current measures also. Part II of CPC is in regard to execution of decrees and orders. Provisions are made in part II of CPC regarding arrest and detention, attachment and sale of moveable and immoveable properties as measure of execution of decrees and orders. Order XXI of CPC provides procedures for implementing these measures. Our topic on hand is to discuss and find out the scope of introducing punishment to make execution proceedings more effective.

(3) Need of Introducing Punishment:
Arrest and detention in civil prison is already provided as a measure for executing civil decrees and orders. But these measures are not proved much effective and they are used very rarely and after a very long time- almost at the end of an execution proceeding. Because provisions of order XXI are made to make execution proceeding effective and justifiable they are being used as hurdles by the decree debtor for the decree holder in his race for getting fruits of his toughly earned decree. In short, roads to reach the goal are becoming speed-breakers in achieving the goal. It is easy to punish a defaulting witness under section 32 of CPC, but very complicated and hard to punish a defaulting decree debtor. In my humble belief decrees and orders of civil courts should be given similar status as the Negotiable Instruments have got under the Negotiable Instruments Act. This Act was amended in 1988, wherein a new chapter XVII was incorporated for penalties in case of dishonour of cheque due to insufficiency of fund. This provision was incorporated with a view to enhancing the credibility of the instrument. Penal provisions contained in sections 138 to 148 of the Act are intended to discourage people from not honouring their commitments by way of payment through cheques and are intended to ensure that obligations undertaken by issuing cheques as a mode of payment are honoured. Cannot similar provisions apply to the decree debtor who dishonours a decree of a Civil Court? Decree of a Civil Court is the result and decision of a suit reached after full fledge consideration of evidence and it declares rights of the parties. In this way a decree holds strong ground than a negotiable instrument like a cheque. A decree is a declaration of a right of a person, which casts legal obligation on the other party. It is the commitment decided by a competent court of the country. Is not the high time has come to ensure the credibility of a civil court’s decree?

(4) Suggestions:
Provisions similar to the chapter XVII and sections 138 to 142 of The Negotiable Instrument Act can be incorporated with a view to encourage the faith and to enhance the credibility of a civil court’s decree and order. Provisions can be added in Order XXI of CPC or new provisions can be made or a new Act can be enacted with the object of inculcating faith in the efficacy of decrees and orders of civil courts and giving credibility to the powers of a court in respect of execution of its decrees and orders. Penal provisions can be amended to discourage people from not honouring their commitments declared by the decree and order of a competent court. Such provisions are to be made strong enough to ensure that obligations declared by the decrees or orders of a court are honoured in true sense. Provisions can be made that the decree debtor has to honour the decree within prescribed time on his receiving notice issued by the decree holder within prescribed time after the decree became final and executable. If the decree debtor does not honour the decree as prescribed, the decree holder can approach the court and file a complaint against the decree debtor. Proper time limit for filing such complaint, summary procedure and presumptions in favour of decree holder similar to the Negotiable Instrument Act can be enacted while introducing new provisions. Above all, adequate enough punishment has to be introduced to discourage people from not honouring their commitments laded by the decree or order of a competent court and to ensure that obligations pronounced by the decree or order of a court are honoured.