Published on: 1st March 2026
Authored By: Shraddha Rajak
Lloyd School of Law
Abstract
Victimology is an emerging branch of criminology that studies the rights of victims within the criminal justice system. In India, the judicial system has historically focused primarily on punishing offenders, often overlooking the victim’s experience and recovery. This is especially evident in cases of sexual violence, where the legal process — involving repeated questioning, cross-examination, and adversarial proceedings — can compound the trauma already suffered by victims. In recent years, however, judicial pronouncements, legislative reforms, and international human rights standards have collectively worked to give greater recognition to victims’ rights. This article examines the concept and evolution of victimology in India, analyses the statutory and constitutional provisions that ensure victim protection, and discusses landmark judgments that have strengthened victims’ rights.[1]
I. Introduction
A “victim” may be defined as a person who has suffered harm — including physical, mental, emotional, or economic harm — directly caused by a criminal offence, as well as the family members of a person whose death was directly caused by a criminal offence and who have suffered harm as a result of that death.
Victimology is the scientific study of victimisation, encompassing the psychological effects on victims, the relationship between victims and offenders, the interactions between victims and the criminal justice system — including the police, courts, and correctional authorities — and the connections between victims and broader social institutions such as the media, businesses, and social movements.
Victimology in India has evolved significantly over the years, shaped by social, cultural, and political forces. From ancient epics to the modern era, victimisation has been a persistent concern in Indian society. The principal international instrument influencing Indian reforms in this area is the 1985 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.[2] This Declaration established key principles — including access to justice, restitution, compensation, and rehabilitation — that have guided subsequent reforms aimed at creating a more victim-oriented criminal justice system in India.
II. Evolution of Victimology in India
The concept of victimology in India has roots in ancient jurisprudence. During the Rig Vedic era, the victim’s authority was so strong that the victim had the power to directly punish the offender. Over time, however, the state gradually assumed control over the administration of justice, displacing the victim from the centre of the legal process.
Today, victimology in India is a vital area of study and research. Universities across the country offer courses and degrees in the subject, which has gained prominence not only in criminology but also in psychology, social work, and law. The field has been enriched by an increasing recognition that justice is not complete unless it addresses the needs of the victim alongside the punishment of the offender.
III. Legal Framework for Victims in India
A. Constitutional Provisions
The Indian Constitution provides the foundational guarantees for victim protection. Article 14 guarantees the right to equality before the law. Article 21 guarantees the right to life and personal liberty, which the Supreme Court has expansively interpreted to include the right to live with dignity — a right that extends to victims of crime. Article 39A mandates free legal aid, ensuring that victims who cannot afford legal representation are not denied access to justice on account of financial constraints.
B. Statutory Provisions
Several statutes provide specific protections for victims. Sections 357 and 357A of the Code of Criminal Procedure, 1973 (CrPC) — now reflected in the Bharatiya Nagarik Suraksha Sanhita, 2023 — provide for compensation to victims of crime.[3] Section 228A of the Indian Penal Code, 1860 prohibits the disclosure of the identity of victims of certain offences, particularly sexual offences. The Protection of Children from Sexual Offences (POCSO) Act, 2012 provides comprehensive protection for child victims. The Protection of Women from Domestic Violence Act, 2005 establishes rights and reliefs for women victims of domestic abuse, including protection orders, residence rights, and monetary relief.
IV. Landmark Judicial Pronouncements
A. Delhi Domestic Working Women’s Forum v. Union of India (1995)
This landmark case arose from a shocking incident in which six domestic working women were gang-raped by army personnel. The victims faced not only the trauma of sexual assault but also harassment and a severe lack of institutional support during legal proceedings. The Supreme Court issued landmark directions that have since become the backbone of victim support in sexual assault cases. These directions include the establishment of victim compensation schemes in every state, the provision of psychological and legal support for rape survivors, the conduct of trials in closed courtrooms, and the prohibition on the publication of victims’ names or identifying details.[4]
B. Tukaram and Anr. v. State of Maharashtra (1979)
This case, arising from the infamous Mathura rape case, involved Mathura, a sixteen-year-old tribal girl from a village in Maharashtra. In 1972, after her family filed a complaint regarding her elopement with a boy, she was taken to the local police station where two police constables — Tukaram and Ganpat — took her to the back of the station and raped her. The Supreme Court’s controversial acquittal of the accused in this case triggered a wave of public outrage and feminist mobilisation that ultimately produced significant legislative reforms. These reforms included the introduction of Section 114A of the Indian Evidence Act, which created a presumption of absence of consent in cases of custodial rape, and the amendment of Section 376 of the Indian Penal Code to provide stricter punishment for custodial and police rape.[5]
V. Remedies and Reforms
Despite the progress made through judicial intervention and legislative reform, significant gaps remain in the effective implementation of victim rights. Several reforms are urgently needed to strengthen the victim-oriented approach in India’s criminal justice system.
1. Strengthening the Victim Compensation Scheme: Victim compensation schemes must be made more robust, with increased funding, streamlined procedures, and mandatory timelines for disbursement, ensuring that financial relief reaches victims promptly.
2. Establishing Victim Assistance Cells: Dedicated victim assistance cells should be established at the district level to provide integrated support — including legal aid, counselling, and medical assistance — to victims from the moment a complaint is registered.
3. Training for Police and Judicial Officers: Mandatory sensitisation training for police officers and members of the judiciary is essential to ensure that victims are treated with dignity and that trauma-informed practices are adopted throughout the investigation and trial process.
4. Encouraging Restorative Justice: Restorative justice models and mediation mechanisms should be actively explored and institutionalised, particularly in cases where the victim and offender belong to the same community, allowing for healing and reintegration alongside formal accountability.
5. Legislative Amendments for Active Victim Participation: Statutory amendments should be enacted to guarantee victims the right to actively participate in criminal proceedings — including the right to be heard during sentencing — rather than remaining passive witnesses to their own cases.
VI. Conclusion
Victimology underscores that justice is not complete unless it recognises and addresses the suffering of victims. It calls upon the criminal justice system to move beyond an exclusively offender-centred framework toward one that treats victims with dignity, respect, and compassion. The constitutional guarantees, statutory provisions, and judicial precedents discussed in this article collectively represent significant strides in this direction. Yet, implementation gaps, resource constraints, and deeply entrenched institutional attitudes continue to undermine victim rights in practice.
In conclusion, victimology transforms justice into a more humane and restorative process — one that not only punishes offenders but also heals victims and reintegrates them into society. It reminds us that true justice means protecting the rights of victims while ensuring fairness to all.
References
[1] Andrew Karmen, Crime Victims: An Introduction to Victimology (Wadsworth Publishing, 5th ed. 2003).
[2] United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, G.A. Res. 40/34, U.N. Doc. A/RES/40/34 (Nov. 29, 1985).
[3] Code of Criminal Procedure, No. 2 of 1974, §§ 357, 357A, India Code (1973). Note: With effect from July 1, 2024, the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), wherein the equivalent provisions are Sections 395 and 396.
[4] Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14 (India).
[5] Tukaram and Anr. v. State of Maharashtra, (1979) 2 SCC 143 (India).
