MODULE 1

MEANING OF PENOLOGY

Penology is the scientific study of the punishment and rehabilitation of criminals. It is

a multidisciplinary field that includes sociology, psychology, criminology, and law.
Penologists study the nature of the crime, the effects of punishment on offenders, and
alternative forms of punishment and rehabilitation. It is a branch of criminology that
deals with the theories of punishment and the effects that punishment has on both the
individual and society. Penologists are interested in finding ways to rehabilitate
prisoners and reduce crime rates. The word “penology” is derived from the Latin words
“Pena” meaning “punishment” and “logos” meaning “study.” Therefore, penology is
the study of punishment.

Penologist Dr.P.K. Sen defines- "Penology lay down the fundamental principles that should
guide the State, or the sovereign authority in framing the schemes of punishments".

NATURE: The nature of penology involves examining the various aspects of punishment,
including its justification, objectives, and effects on both offenders and society. It explores
the philosophical, sociological, and psychological foundations of punishment and its role in
maintaining social order, deterring crime, and promoting justice.

SCOPE:

 The scope of penology is broad, covering a wide range of topics and areas of inquiry.
It encompasses the study of different forms of punishment, such as imprisonment,
probation, fines, community service, and rehabilitation programs.
 It also examines issues related to sentencing policies, the legal framework governing
punishment, and the administration and operation of correctional institutions.
 Additionally, penology explores the social and individual factors that contribute to
criminal behavior, as well as the effectiveness of various interventions aimed at
preventing recidivism and promoting reintegration into society.

The definition of penology can be summarized as the scientific study of punishment and its
application within the criminal justice system. It involves analyzing the theories and
principles underlying punishment, evaluating the different methods and strategies employed
by the system, and assessing their impact on offenders, victims, and society as a whole.
Penology seeks to inform policy and practice in order to achieve the goals of crime control,
public safety, and the rehabilitation of offenders.

Q) Relation of Penology with other branches of Criminal Science.

Ans. Penology is closely related to other branches of criminal science, as it intersects with
various disciplines that study crime, criminals, and the criminal justice system. Some of the
key branches of criminal science that have a relationship with penology include:

 Criminology: Criminology is the study of crime, its causes, consequences, and

prevention. Penology is a subfield of criminology, focusing specifically on the study
of punishment and correctional systems. Criminology provides the broader theoretical
framework within which penology operates.
 Criminal Justice: Criminal justice is concerned with the study of the system of law
enforcement, courts, and corrections. Penology is an integral part of the criminal
justice system, as it deals with the punishment and rehabilitation of offenders. It
examines the sentencing practices, correctional policies, and the functioning of
prisons and probation systems.
 Forensic Psychology: Forensic psychology applies psychological principles to the
field of criminal justice. It examines the behavior and mental processes of individuals
involved in the criminal justice system, including offenders, victims, and
professionals.
 Sociology of Law: The sociology of law explores the social dimensions of law,
including its creation, enforcement, and impact on society. Penology is closely linked
to the sociology of law, as it examines the social consequences of punishment and the
role of law in shaping behavior. It analyzes how punishment is influenced by social
norms, power structures, and social inequalities.
 Legal Studies: Legal studies focus on the study of law, legal systems, and legal
principles. Penology interacts with legal studies by examining the legal framework
surrounding punishment, including sentencing laws, rights of prisoners, and legal
protections for offenders.

These branches of criminal science are interconnected and mutually inform each other.
Penology draws upon the theories, methodologies, and findings from these disciplines to
understand the complexities of punishment and correctional practices, as well as to inform
policy and practice in the criminal justice system.

MODULE 2

The term punishment is defined as, “pain, suffering, loss, confinement or other penalty
inflicted on a person for an offence’ by the authority to which the offender is subjected to.”
Punishment is a social custom and institutions are established to award punishment after
following the criminal justice process, which insists that the offender must be guilty and the
institution must have the authority to punish.

Punishment must follow an offence, a specific behavior, which can include violation of the
law, either divine or human, an omission of a duty commanded, or the commission of an act
forbidden by law.

Punishment can be enacted by either by presenting the recipient with an aversive stimulus
(e.g., fine, imprisonment, capital punishment) or by removing access to a certain stimulus
(e.g. barring entry).

OBJECTS OF PUNISHMENT:

The object of punishment is the prevention of crime, and every punishment is intended to
have a double effect, viz., to prevent the person who has committed a crime from repeating
the act or omission and to prevent other members of the society from committing similar
crimes. Bentham suggested that punishment might be useful in controlling crimes in the
following ways:

o By making it impossible or difficult for a criminal to commit the offence again, at

least in certain ways;
o By deserting both offenders and others;
o By providing an opportunity for the reformation of the offender.

THEORY OF PUNISHMENT

There are different kinds of punishment that a person can face. In order to understand them,
first, we need to understand the theories of the punishment. There are majorly 4 theories of
punishment. These theories are the deterrent theory, retributive theory, preventive theory,
and reformative theory.

Retribute theory: Retribution is the most ancient justification for punishment. This theory
insists that a person deserves punishment as he has done a wrongful deed. Also, this theory
signifies that no person shall be arrested unless that person has broken the law. Here are the
conditions where a person is considered as an offender are:

 The penalty given will be equivalent to the grievance caused by the person.

 Performed a crime of certain culpability.

 That similar persons have been imposed for similar offenses.

 That the action performed was by him and he was only responsible for it. Also, he
had full knowledge of the penalty system and possible consequences.

Deterrent Theory

 The retributive theory assumes that the punishment is given only for the sake of it.
Thus, it suggests that evil should be returned for evil without taking into consideration
any consequences. There are two theories in which this theory can be divided further.
They are specific deterrence and general deterrence.
 In specific deterrence, punishment is designed such that it can educate the criminals.
Thus, this can reform the criminals that are subjected to this theory. Also, it is
maintained that the punishment reforms the criminals. This is done by creating a fear
that the punishment will be repeated.
 While a general deterrence is designed to avoid future crime. So, this is done by
making an example of each defendant. Thus, it frightens the citizens to not do what the
defendant did.

Preventive Theory: According to this view, an offender who commits the same crime again
will be punished with death, exile, or imprisonment. The thesis is significant because it holds
that society needs to be protected from criminals. In this case, defence and solidarity are
punished. This has also been called Theory of disablement.

Modern criminologists have a different perspective on the preventative theory. They first
understood that society should be free of social and economic forces. One must also pay
attention to those who behave in an antisocial manner. Due to psychological and bodily
impairments, this is the case.

Reformative Theory: Examples of classical and non-classical philosophies include

deterrence and retributive. The positive theory, which holds that positive thinking is the major
cause of crime, gave rise to the reformative theory. Therefore, in accordance with this theory,
the goal of punishment must be the offender's reformation.

So, in a sense, this is not a punishment but a process of rehabilitation. As a result, this
approach does its best to turn a criminal into a good citizen. Additionally, it transforms the
citizen into a responsible citizen and a morally honest individual.
KINDS OF PUNISHMENT

The practice of the punishment of crimes is known as penology. The punishment will be
administered legally under the authority of the law or informally in other social contexts,
such as a family. The authority may be a single individual. Deterrence, rehabilitation,
incapacity, and other factors are the reasons for punishment.

Section 53 of the IPC 1860 mentions five kinds of punishments:

1) Death Penalty: It is capital punishment, as the criminal hangs until death. This type of
punishment is rare. The death penalty is not constitutional and is proved invalid as a
punishment. The Supreme Court recognised the death penalty as valid.

Case law: Jagmohan Singh Vs. Uttar Pradesh

2) Life Imprisonment: In its ordinary connotation, imprisonment for life means being in jail for the
whole of the remaining life period of the criminal’s natural life. As per section 57 of IPC, life
imprisonment is 20 years. Imprisonment for life cannot be simple; it is always rigorous. The supreme court
of India defined imprisonment for life as imprisonment for the remainder of the natural energy of the
criminal.

Case law: Bhagirath Vs. Delhi Admin

3) Imprisonment: This punishment removes all the convict’s freedom and puts him in jail.
There are 3 kinds of imprisonment:-

a) Rigorous: In rigorous imprisonment, the convict works hard as a labourer. They are
assigned tasks like cutting wood, digging, etc.
b) Simple: Imprisonment where an accused convicted of a crime is kept in prison
without any labour or hard work.
c) Solitary Confinement: Solitary confinement means keeping the convict isolated and
away from any interaction with the world.

4) Forfeiture of Property: Under this punishment, the government seizes all the property or
assets of the convicted. The seized property or asset may be movable or immovable.
Forfeiture of property as punishment is for offences under section 126 and section 127.

5) Fine: It is a kind of monetary punishment. The convict has to pay the fine as a punishment
for the offence. According to section 64 of the Indian Penal Code, if anyone fails to pay a
fine, the court can issue orders for imprisonment.
Define Retributive Theory and Consequentialist Theory of Punishment

Retributive Theory of Punishment: The retributive theory of punishment holds that

offenders should be punished because they deserve it. It focuses on the moral principle of just
deserts, meaning that individuals should receive punishment proportionate to the harm they
have caused. Retribution aims to restore moral balance and ensure that offenders pay for their
wrongdoing. This theory emphasizes punishment as a form of retribution, deterrence, and the
expression of societal condemnation of the offense.

Consequentialist Theory of Punishment: Consequentialism is a theory that says whether

something is good or bad depends on its outcomes. An action that brings about more benefit
than harm is good, while an action that causes more harm than benefit is not. The most
famous version of this theory is utilitarianism. It emphasises the notion that the benefits of
punishment ought to balance any negative effects. Consequentialism holds that the main goal
of punishment is to advance the greatest possible social good. According to this idea, the
main objectives of punishment are to deter future crimes and advance social well-being by
focusing on deterrence, rehabilitation, and society protection.

In short, retributive theory emphasizes punishment as a deserved response to wrongdoing,

while consequentialism theory focuses on punishment as a means to achieve desired
outcomes and maximize societal welfare.

Punishment Application in Indian and International Context

Punishment application in the Indian and international contexts can vary due to differences in
legal systems, cultural norms, and societal values.

Indian Context: In the Indian legal system, punishment is primarily governed by the Indian
Penal Code (IPC), which outlines the range of offenses and corresponding punishments. The
punishment for various crimes in India can include imprisonment, fines, probation,
community service, and in some cases, the death penalty.
  Imprisonment: Imprisonment is the most common form of punishment in India.
Offenders can receive varying lengths of imprisonment depending on the gravity of
the offense. Imprisonment terms can range from a few days to life imprisonment.
 Fines: Fines are monetary penalties imposed on offenders as a punishment for their
crimes. The amount of the fine can vary depending on the offense committed.
 Capital Punishment: The death penalty is applicable in India for certain offenses,
such as murder, terrorism-related offenses, and the rarest of rare cases of extreme
brutality. However, there has been a global trend towards the abolition of the death
penalty, and its application in India has become increasingly limited.
 Probation and Community Service: In some cases, the court may order probation or
community service as a form of punishment. Probation involves releasing the offender
under supervision in the community, subject to certain conditions.

International Context: The application of punishment varies across different countries and
legal systems. While it is not possible to cover the specifics of every country, here are some
general trends in the international context:

 Gradation of Punishments: Many countries have a gradation of punishments based

on the severity of the offense. These can include fines, probation, community service,
suspended sentences, and different levels of imprisonment, ranging from short-term to
long-term sentences.
 Abolition of the Death Penalty: The global trend has been towards the abolition of
the death penalty. Many countries have either abolished it completely or have
imposed moratoriums on its use. International human rights standards, such as the
Universal Declaration of Human Rights, emphasize the right to life and advocate for
the abolition of the death penalty.
 Restorative Justice and Rehabilitation: Restorative justice approaches, emphasizing
victim-offender reconciliation and rehabilitation, have gained prominence in some
countries. These approaches focus on repairing harm, promoting dialogue between the
parties involved, and rehabilitating offenders to reintegrate them into society.
 Alternatives to Imprisonment: Many countries are exploring alternatives to
imprisonment, such as diversion programs, restorative justice practices, and
community-based sentences. These alternatives aim to address the underlying causes
 of criminal behavior, reduce recidivism, and minimize the negative impact of
imprisonment on offenders and their families.

It is important to note that while there are international standards and conventions that
advocate for certain principles of punishment, each country has its own legal framework and
discretion in determining the appropriate punishment for crimes within their jurisdiction. The
specific application of punishment can also be influenced by cultural, political, and social
factors within each country.

MODULE 3

PROBATION

Meaning: The Latin word "probare," which meaning "to test" or "to prove," is the root of the
English word probation. This alternative method of punishment doesn't involve confinement.
Instead of being sent to jail, an offender may be released into the community and placed
under the supervision of probation officers if it is found that doing so is not in their best
interests. Probation is often considered an alternative to traditional forms of punishment in
penology. It is a community-based sentencing option that allows offenders to remain in the
community under supervision, while still holding them accountable for their actions.
Probation aims to rehabilitate offenders, promote their successful reintegration into society,
and reduce the reliance on imprisonment.

The Probation of Offender Act of 1958 and the Code of Criminal Procedure, both from 1973,
are the two main pieces of Indian law that address probation. Probation is covered in Section
360(1) of the Code of Criminal Procedure. For purposes of this Section:

 Any person who is not under the age of twenty-one and is found guilty of a crime that
carries a sentence of seven years in prison or a fine
 Any person who is below the age of 21 or women who is convicted of the offence that
is not punishable with death penalty or life imprisonment and she must not be
convicted in the past
 When called by the court during the designated period, the court may release the
offender on the condition that they behave well or with good conduct and enter into a
bond with or without sureties to complete their sentence if called.
In Phul Singh v. State of Haryana, the court ruled that a person in his twenties who has
committed a serious crime like rape cannot be awarded probation on the basis of good
behaviour.

If the court denies probation, Section 361 of the CrPC, the Probation of Offenders Act, the
Children Act, or any other applicable statute must be specifically cited in the decision as to
why the offender was not granted probation.

Advantages and disadvantages of Probation

Advantages: The probationary process has the advantages listed below:

 It aids in avoiding the impact of incarcerated criminals on first-time offenders.

 It safeguards and helps young offenders become better.
 It assists in avoiding overcrowding in jails.
 It gives a criminal a second chance to contribute to society normally.

Disadvantages: The following are the drawbacks of the probationary system:

 It enables criminals to avoid punishment from the law.

 It sends the wrong message to those planning crimes that they can get away with it.

PAROLE

Meaning: The French expression "je donne ma parole," which translates to "I give my
word," is where the word "parole" comes from. The goal of parole, like probation, is to give
the prisoner a second chance. However, parole is a type of release that is only available to
criminals who are serving their jail sentence. Parole is another alternative to punishment
within the field of penology. It is a form of conditional release granted to prisoners who have
served a portion of their sentence in prison. Parole allows individuals to be released back into
the community under supervision, with specific conditions and requirements to follow.

The Prisons Act, 1894 and the Prisoners Act, 1900 define the parole requirements in India.
However, because state governments are free to enact their own parole rules, there isn't a
fully unified system of parole laws in India. The criteria for parole differ slightly from state to
state.
Refusal of parole: Offenders who fall under the following categories are not eligible for
parole:

 Who do not hold Indian citizenship

 Convicted of offences that endanger national security.
 For offences against the state; found guilty.
 Prison discipline rules being broken.

Advantages and disadvantages of Parole: The granting of parole has specific goals and
purposes, as stated in the instances of Budhi v State of Rajasthan and Charanjit Lal v
State.

Advantages:

 It makes it possible for inmates to maintain contact with their loved ones and
community.
 They can participate in significant family issues and work through personal issues
with its assistance.
 It provides them with a momentary reprieve from the negative repercussions of being
in prison.
 It succeeds in achieving the goal of the prisoner's rehabilitation and reformation.
 It motivates inmates to behave well while incarcerated.

Disadvantages are:

 To have a good behaviour and conduct in imprisonment is not necessarily a guarantee

for release
 There can political interference and the one who have good political connections can
get parole easily

Difference between parole and Furlough

Parole and furlough are two different concepts within the field of
penology. While they both involve conditional release from prison, there
are distinct differences between the two:
1) Definition and Purpose:

Parole: Parole is the supervised release of a prisoner before the completion of their full
sentence. It is typically granted based on the assessment of an individual's readiness for
reintegration into society. The purpose of parole is to provide support, supervision, and
rehabilitation opportunities to help the individual successfully transition back into the
community while serving the remainder of their sentence.

Furlough: Furlough, on the other hand, refers to a temporary release of a prisoner from
confinement, usually for a specific purpose or period. It is typically granted for humanitarian
or administrative reasons, such as attending a family event, medical treatment, or
participating in a specific program. Furlough is intended to provide temporary respite from
the prison environment without altering the length of the individual's sentence.

2) Length of Release:

Parole: Parole can involve a significant period of release, ranging from several months to
years, depending on the individual's sentence and the conditions of parole. The duration of
parole is determined by the parole board or other relevant authorities.

Furlough: Furlough, in contrast, is a short-term release that is typically granted for a specific
period, often ranging from a few hours to a few days or weeks. Once the purpose or period of
the furlough is completed, the individual is expected to return to prison to continue serving
their sentence.

3) Supervision and Conditions:

Parole: Parole involves strict supervision by a parole officer or case manager who monitors
the parolee's compliance with specific conditions, such as regular check-ins, employment
requirements, counseling, and treatment programs. Failure to comply with these conditions
can result in parole revocation and return to prison.

Furlough: While furlough may involve certain conditions or restrictions, the level of
supervision is typically less intensive compared to parole. Furloughs are usually granted for
specific purposes, and the individual may be required to adhere to guidelines or conditions
during the furlough period. However, they may not have the same level of ongoing
supervision as parolees.

4) Eligibility and Approval Process:

Parole: Parole eligibility is determined based on various factors, including the nature of the
offense, the individual's behavior in prison, and their potential for rehabilitation. Parole
decisions are made by a parole board or a designated authority, following a thorough review
and assessment of the prisoner's case.

Furlough: Furlough eligibility is typically determined by prison authorities or administrative

personnel. The decision to grant a furlough is based on specific circumstances, such as the
individual's conduct, their need for temporary release, and the assessment of any potential
risks or threats.

In summary, parole is a form of supervised release granted before the completion of a

sentence, focusing on reintegration and rehabilitation, while furlough is a temporary release
granted for a specific purpose or period, usually for humanitarian or administrative reasons.
The key differences lie in the duration of release, the level of supervision, and the purpose of
the release.

RAREST OF RARE CASE DOCTRINE

The "rarest of rare case" doctrine is a legal principle used in some jurisdictions, particularly
in India, to determine whether the death penalty should be imposed in cases of extreme and
heinous crimes. The doctrine was first introduced by the Supreme Court of India in the
landmark judgment of Bachan Singh v. State of Punjab.

Under the "rarest of rare case" doctrine, the death penalty should only be imposed in
exceptional circumstances where the alternative punishment of life imprisonment is deemed
insufficient to address the gravity and brutality of the crime committed. The doctrine seeks to
ensure that the death penalty is reserved for the most egregious offenses and that it is not
arbitrarily or disproportionately imposed.

The Bachan Singh judgment provided some guidelines to determine whether a case qualifies
as the "rarest of rare." The court outlined certain aggravating and mitigating factors to be
considered, including the nature of the crime, the manner of its commission, the motive
behind the crime, the anti-social or depraved nature of the offender, the impact of the crime
on society, and the possibility of reform or rehabilitation of the offender.

Later, in the case of Macchi Singh v. State of Punjab, the court tried to lay down criteria for
assessing whether a crime fell into the category of “rarest of rare.” In the case of Santosh
Kumar v. State of Maharashtra, the Supreme Court ruled that, “The rarest of rare dictum
serves as a guideline and establishes the policy that life imprisonment is the rule and death
punishment is an exception.”

Since the Bachan Singh judgment, subsequent Supreme Court decisions have further clarified
and refined the application of the "rarest of rare case" doctrine. The courts have emphasized
the need for a careful and individualized assessment of each case, considering both the
circumstances of the offense and the characteristics of the offender.

It is worth noting that the interpretation and application of the "rarest of rare case" doctrine
can be subjective and may vary between jurisdictions. There are ongoing debates and
discussions regarding the appropriateness, effectiveness, and constitutionality of the death
penalty, including the criteria for determining the "rarest of rare" cases. Different countries
and legal systems have different approaches and standards when it comes to imposing the
death penalty.

Open Air Prisons (origin and development)

Open air prisons, also known as open prisons or semi-open prisons, are correctional facilities
that allow inmates a greater degree of freedom and autonomy compared to traditional closed
prisons. In open air prisons, inmates are typically allowed to live and work outside the prison
walls during the day and return to the facility in the evening. The concept of open air prisons
has its origins in the early 20th century and has evolved over time.

The idea behind open air prisons was to provide a more humane and rehabilitative approach
to incarceration. These early proponents believed that by allowing inmates to live and work
in a less restrictive environment, they would have better opportunities for rehabilitation and
reintegration into society.
An open prison, also called minimum-security prison, open camp,or prison without bars, is a
prison which is open in four respects:

 Open to prisoners, i.e., inmates can go to market at sweet will during the day but
have to come back in the evening;
 Open in security, i.e., there is absence of precautions against escape, such as walls,
bars, locks and armed guards;
 Open in organization, i.e., working is based on inmates sense of self-responsibility,
self-discipline, and self-confidence and
 Open to public, i.e., people can visit the prison and meet prisoners.

Philosophy of Open Prison/Objectives

Open prison serves a dual purpose of eliminating criminals from

society and reformation of offenders under institutional treatment, by blanketing out
conditions which in the first place turned them to law violators.

The main objectives/reasons of establishing open prisons are:

 To reduce overcrowding in jails,

 To reduce prison expenditure, as these prisons not require expensive security
arrangments,
 To create the atmosphere with the prison which is favorable, to improvement and
rehabilitation.
 To reward good behaviour,
 To give training in self-reliance,
 To prevent frustrations and create hope among long-termers,
 To examine the suitability of releasing offenders from prisons, and
 To enable prisoners to live with their family members in some states"

The key principles underlying open air prisons include a focus on rehabilitation, gradual
reintegration, and community-based living. Inmates in open air prisons are often given
increased responsibilities, such as finding employment or participating in vocational training
programs. They may also have the opportunity to maintain contact with their families and
engage in recreational activities.
Community Service as Alternative to Punishment

Community service is commonly utilized as an alternative to traditional forms of punishment

in the field of penology. It involves offenders performing unpaid work or activities that
benefit the community as a way to make amends for their actions and contribute positively to
society. Here are some key aspects and benefits of community service as an alternative to
punishment:

1) Restorative Justice: Community service aligns with the principles of restorative justice,
which focus on repairing the harm caused by the offense and promoting accountability. By
engaging in community service, offenders have an opportunity to actively contribute to the
well-being of the community, helping to restore the balance that was disrupted by their
actions.

2) Rehabilitation and Reintegration: Community service programs often provide

opportunities for offenders to develop new skills, gain work experience, and learn positive
social behaviors. Engaging in meaningful activities within the community can foster personal
growth, improve self-esteem, and enhance prospects for rehabilitation and successful
reintegration into society.

3) Community Benefit: Community service benefits both the offenders and the community
at large. Offenders can actively participate in projects that address community needs, such as
cleaning public spaces, assisting in local organizations, or supporting community events.

4) Cost-Effectiveness: Community service programs can be more cost-effective than

traditional forms of punishment, such as incarceration. By utilizing community resources and
existing infrastructure, the financial burden on the criminal justice system can be reduced
while still addressing the needs of justice and rehabilitation.

5) Reduced Recidivism(the tendency of a convicted criminal to re-offend): According to

research, community service initiatives can help lower recidivism rates. Community service
lessens the probability of reoffending by involving offenders in constructive and pro-social
activities that foster their feeling of responsibility, empathy, and connection to the
community.
It's important to note that the success of community service as an alternative to punishment
depends on several factors, including the proper supervision and guidance provided to
offenders, the availability of meaningful and suitable community service opportunities, and
the support and acceptance of the community.

MODULE-4 Criminal Justice System

Meaning: The system that deals with agencies of government that are responsible for
enforcing the in the country, maintaining peace and harmony and treating criminal conduct
is known as the criminal justice system. The aim of the criminal justice system is to ensure
that every person who suffers an injury or loss at the hand of others is allowed to present his
case and seek justice.

Objectives:

 Public Safety: Ensuring the safety and security of the community by deterring
criminal behavior, preventing crime, and apprehending and prosecuting offenders.
 Crime Prevention: Implementing measures and strategies to prevent criminal
activities through education, awareness programs, community policing, and proactive
law enforcement.
 Rehabilitation and Reintegration: Rehabilitating offenders by providing appropriate
interventions, such as counseling, education, vocational training, and substance abuse
treatment, to reduce recidivism and facilitate their successful reintegration into
society.
 Restorative Justice: Promoting a balanced approach that focuses on repairing the
harm caused by crime, addressing the needs of victims, and facilitating the healing
and reconciliation of all parties involved.
 Equity and Fairness: Ensuring equal treatment under the law, regardless of an
individual's race, ethnicity, gender, socioeconomic status, or any other characteristic,
to maintain public trust and confidence in the criminal justice system.

Components of Criminal Justice System

1. Law Enforcement: This component includes police agencies responsible for

maintaining public order, preventing crime, and investigating criminal offenses. Law
enforcement officers are typically the first point of contact with the criminal justice
system and play a crucial role in gathering evidence and apprehending suspects.
2. Prosecution: Prosecutors are legal professionals who represent the state or
government in criminal cases. They review the evidence gathered by law enforcement
and determine whether to file charges against an individual. Prosecutors present the
case in court, seek justice for victims, and aim to secure convictions.
3. Judiciary: The judiciary, consisting of judges and courts, is responsible for
interpreting and applying the law. Judges preside over criminal cases, ensuring that
legal procedures are followed, making determinations regarding guilt or innocence,
 and imposing appropriate sentences. The judiciary safeguards the rights of all parties
involved and ensures fair and impartial proceedings.
4. Defense Attorneys: Defense attorneys provide legal representation to individuals
accused of crimes. They advocate for their clients' rights, challenge the prosecution's
case, and ensure that defendants receive a fair trial. Defense attorneys may be
privately hired or provided by the state for those who cannot afford their own
representation.
5. Corrections: The corrections component of the criminal justice system deals with the
punishment, rehabilitation, and supervision of convicted individuals. It includes
various institutions such as jails, prisons, probation, and parole services. Corrections
aim to protect society, deter future criminal behavior, and facilitate the reintegration
of offenders back into the community.
6. Probation and Parole: Probation and parole services monitor and supervise
individuals who have been convicted of crimes but are serving their sentences outside
of incarceration. Probation is a community-based alternative to imprisonment, while
parole allows for early release from prison under certain conditions. These services
aim to support the rehabilitation and reintegration of offenders while ensuring
compliance with the law.
7. Victim Services: Victim services are dedicated to supporting and assisting victims of
crime. They provide emotional support, information, advocacy, and access to
resources such as counseling, financial assistance, and legal aid. Victim services help
victims navigate the criminal justice process and ensure their rights and needs are
addressed.

Police in Criminal Justice System (SN)/ The role of police: police play a critical role in the
criminal justice system by enforcing the law, preventing crime, investigating offenses,
ensuring public safety, engaging with the community, and providing assistance to crime
victims.

1. Law Enforcement: The primary responsibility of the police is to enforce the law.
They maintain public order, prevent crime, and respond to emergency situations.
Police officers patrol communities, investigate reported crimes, and apprehend
individuals suspected of criminal activity. They have the authority to make arrests,
search individuals and property under certain circumstances, and use force when
necessary to protect themselves or others.
2. Crime Prevention: Police officers work proactively to prevent crime. They engage in
community policing initiatives, build relationships with community members, and
collaborate with other stakeholders to identify and address factors that contribute to
crime. Police officers may conduct patrols, surveillance, and intelligence gathering to
deter criminal activity and detect potential threats.
3. Investigation: Police officers are responsible for conducting thorough and objective
investigations of reported crimes. Investigations conducted by the police provide the
foundation for prosecutions and subsequent actions within the criminal justice system.
4. Public Safety: The police are responsible for ensuring public safety and responding to
emergencies. They are often the first responders to incidents such as accidents,
domestic disturbances, and acts of violence.
5. Victim Assistance: Police officers often provide immediate assistance and support to
crime victims. They ensure that victims are safe, connect them with necessary
resources such as medical assistance or victim services, and help them navigate the
criminal justice process. Police officers play a crucial role in ensuring that victims'
 rights are protected and that they receive the necessary support during and after a
criminal incident.

Prosecution: Public Prosecutor is a person that has been appointed either by the central
Government or the State government to represent cases on behalf of the State in criminal trials.
The main role of the public prosecutor is to serve the ends of justice in the best interests of the
public. The work of public prosecutor begins once the police have done its investigation and filed
the charge sheet in the court. The public prosecutor is expected to act impartially and present all
the facts of the case, documents, and evidence so as to assist the court in arriving at a correct
judgement.
Provisions with regards to Public Prosecutor have been provided under section 24 of the Criminal
Procedure code, 1973.
Role of Public Prosecutors: It is divided into two parts:: In investigating process -During
the trial
Role of the Public Prosecutor in the investigating process

 To make an appearance in the Court and obtain an arrest warrant

 To obtain search warrants for conducting a search in specified premises
 To obtain police custody remand for interrogation (including custodial
interrogation) of the accused
 To initiate a proceeding for the declaration of the non-traceable offender as the
proclaimed offender
 To record the evidence of accused in the police report regarding the advisability of
the prosecutions

Role of Public Prosecutors at the time of trial

 Sentencing- when the accused is proven guilty, then the defence counsel and the
Public Prosecutor further argue to decide the quantum of punishment. At this
stage, the Public Prosecutor may argue for the adequate punishment keeping in
mind the facts, circumstances of case and gravity of the offence. It helps the judge
to arrive at a judicious decision.
 To conduct a speedy trial- Right to a speedy trial is a fundamental right and it is
impliedly given in A. 21 of Constitution of India which states “Right to life and
Personal Liberty”. The prosecutors have a responsibility to call all the witnesses
whose evidence is essential to decide the case. To cross-examine the witness and
to see that no witness if left unexamined. To produce all the necessary documents.
Key aspects of prosecutor:

1) Legal Representative: Prosecutors represent the state or government in criminal cases.

They act as legal advocates and present the case against the accused in court. Prosecutors
review the evidence gathered by law enforcement, evaluate its strength, and determine
whether to file charges against an individual.
2) Charging decisions: They assess the evidence, legal standards, and the likelihood of
conviction to determine the appropriate charges to file. Prosecutors consider the severity of
the alleged offense, the defendant's criminal history, and the best interests of justice in
making charging decisions.

3) Case Prep.: Prosecutors meticulously prepare their cases for trial. They gather and
organize evidence, interview witnesses, consult with experts, and develop legal strategies to
present a strong case possible.

4) Courtroom advocacy: Prosecutors present the case in court during trial proceedings. They
introduce evidence, examine witnesses, make opening and closing statements, and argue legal
points to convince the judge or jury of the defendant's guilt beyond a reasonable doubt.

5) Victim Advocacy: Prosecutors advocate for the rights and interests of crime victims. They
consult with victims, keep them informed about case developments, and consider their input
when making decisions about charges and plea agreements.

6) Post-Conviction Actions: Prosecutors may also handle post-conviction matters, such as

appeals or probation violations. They defend the integrity of convictions and challenge
appeals filed by defendants seeking to overturn their convictions or modify their sentences.

Overall, prosecutors play a pivotal role in the criminal justice system by representing the state
in criminal cases, making charging decisions, preparing cases for trial, advocating for
victims, negotiating plea agreements, recommending sentences, and handling post-conviction
matters.

The prosecutors & their duties- Ma’am Notes

P.P is not involved in investigation: In R. Sarala vs. T.S. Velu, the S.C had observed that
investigation and prosecution are two different aspects of the criminal justice system. The
role a public prosecutor lies inside the Court, whereas investigation is outside the Court.
Normally, the role of the P.P commences after the investigation agency presents the case in
the Court on the culmination of investigation. Involving the public prosecutor in investigation
is injudicious as well as pernicious in law. The I.O must not be directed to consult the public
prosecutor regarding investigation and submit a chargesheet in congruence with the views of
the prosecutor. P.P is appointed for conducting any prosecution, appeal or proceedings in the
Court. She is an officer of the Court. The P.P deals with a different field in the administration
of justice and should not be involved in investigation

197th Law Commission report of India: P.P needs to be independent of the executive and
any other external controls, and by extension she should be independent of the police and the
investigation process. She cannot advise the police on matters relating to investigation. She is
independent of the Court but has duties to the Court. She is in charge of the trial, appeal and
other processes in Court. She is, in fact, a limb of the judicial process, she is an officer of the
Court and a minister of justice assisting the Court. She has duties not only to the State and to
the public to bring criminals to justice according to the rule of law but also duties to the
accused so that innocent persons are not convicted.

Compounding offence: Extra care shall be taken during compounding of the cases
permissible under Law regarding identification of the complainant and the accused so that
impersonation of the parties is avoided. Since the Prosecutor is appearing on-behalf of the
Sate Govt., it is the duty and responsibility of Public Prosecutor to identify the bonafide
persons coming to the Court to compromise their case under Sec.320 Cr. P.C and also ensure
for lawful acceptance of final report by the Court during the Lok Adalat.

Courts: Want to draw flowchart- refer material

Role of Courts in the administration of criminal justice: 2 main problems with the
criminal justice system in India is:

 Huge pendency of cases & the inordinate delay in their disposal.

 Low rate of conviction even in serious crimes

Malimath Committee: its Report in the year 2003. some of the recommendations of the
committee have already been implemented and are now the law of the land.

1- Plea Bargaining (S.256A-256L): crucial aspect of criminal procedure that involves

negotiations between the prosecution and the defense in order to reach a mutually agreeable
resolution to a criminal case. It is a process by which the defendant agrees to plead guilty or
no contest to a lesser offense or to certain charges in exchange for concessions from the
prosecution, such as a reduced sentence or the dismissal of other charges.

Nevertheless “Malimath committee report”, is the starting point of reference whenever we

discuss on “Criminal Justice System in India” The famous saying “Justice delayed is justice
denied” holds utmost significance when the concept of Plea bargaining is discussed.

Purpose: Plea bargaining serves several purposes, including the efficient resolution of cases,
reducing the burden on the court system, and providing some level of certainty for both the
prosecution and the defense.

2) Malimath committee recommended inquisitorial system rather than adversarial

system:

Inquisitorial System: In an inquisitorial system, the judge takes an active role in

investigating and gathering evidence in a criminal case. The judge initiates and directs the
proceedings, questions witnesses, and seeks to uncover the truth. The focus is on finding the
truth and achieving justice. This system is often used in civil law jurisdictions, where the
judge plays a more prominent role in the process compared to the parties involved.

Adversarial System: In an adversarial system, the parties involved, typically the prosecution
and defense, take an active role in presenting their case before an impartial judge or jury. The
emphasis is on the parties advocating for their respective positions and challenging the
opposing side's evidence and arguments. The judge acts as a neutral arbiter, ensuring that
legal procedures are followed and making decisions based on the arguments and evidence
presented. This system is commonly used in common law jurisdictions, including the United
States and England.

In summary, the inquisitorial system involves the judge taking an investigative role to
discover the truth, while the adversarial system focuses on the parties presenting their cases
and arguments before an impartial judge or jury.
3) All about A.B (S.438)

Case: Sushila Agarwal V. State of Delhi Whether the protection granted to a person
under S.438 of Cr.P.C should be limited to a fixed period so as to enable the person to
surrender before the trial court and seek regular bail & Whether life of anticipatory bail
should end at the time and stage when the accused is summoned to court.

Badresh Bipinbai Seth v. State of Gujarat Not granting Anticipatory bail may cause
violation of fundamental rights of an individual under A.21 Consti.

Malimath Committee Report: The Malimath committee gave its observation regarding
the provision of anticipatory bail. They stated that the provision of section 438 is often
misused by the people. Such misuse of the provision is illegal. The committee after the
following observation suggested two conditions or requirements for the purpose of
retaining the provisions.

4) Recommendations of the Committee on Reforms of the Criminal Justice System

(Justice Malimath Committee)CrPC Act, 2008.

Salient provisions are:

- S. 2(wa) defines a victim and extends the definition to include the victim’s legal heirs
and guardians.
- Proviso to S.24(8) allows the victim to appoint a legal practitioner to aid the public
prosecutor with the permission of the Court.
- Proviso to S.26(a) mandates the offences covered under S.376(A) to 376(D) of the
Indian Penal Code, 1860 would be subjected to trial in a court of law usually presided
by a woman judge.
- Proviso to S. 157(1) provides that the statement of a rape victim be recorded at the
place of residence of the victim or a place of her choice, by a woman police officer, in
the presence of any parent, guardian or social worker of the area.
- S.173(1-A) mandates that investigation must be completed with three months from
the date of receipt of information in a case involving child rape.
- S. 357-A establishes a victim compensation scheme for compensation to the victim or
his dependents.
- S. 372 allows the victim to appeal against an acquittal order, a conviction for a lesser
offence or inadequate compensation given by the court.
Conclusion: The absence of victim-oriented legislations and judicial pronouncements has
handicapped the development of victim rights in India. Although victims are the actual
sufferers of a crime, the government is accorded with more rights and powers in comparison
to the victims. Paying heed to the demands of the victims and allowing them to play a major
role in the criminal proceedings is the need of the hour.

PRISONS: Prisons in India are governed by the Prison Act of 1894 and the Model Prison
Manual, which provide guidelines for the management and administration of prisons in the
country.

Types of Prisons: India has various types of prisons, including central prisons, district
prisons, sub-jails, women's prisons, open prisons, and special prisons for specific categories
such as juveniles, mental health patients, and prisoners of war. Each category of prison is
designed to cater to specific needs and security requirements.

Capacity and Overcrowding: Indian prisons often face issues of overcrowding. Despite
efforts to expand prison infrastructure, the inmate population exceeds the available capacity
in many cases.

Prisoner Rights and Welfare: Prisoners in India have certain fundamental rights protected
by the Indian Constitution, including the right to humane treatment, dignity, and protection
against torture or cruel, inhuman, or degrading treatment.

Parole and Remission: The prison system in India allows for the grant of parole and
remission of sentences under specific circumstances. Parole permits a temporary release of
prisoners before the completion of their sentence, usually for reasons like family emergencies
or good behavior. Remission involves the reduction of a prisoner's sentence as a reward
for good conduct and rehabilitation efforts.

Rehabilitation and Reintegration: Various initiatives and programs are implemented in

Indian prisons to promote rehabilitation and reintegration of prisoners into society. These
include vocational training, education, counseling, and skill development programs. The aim
is to equip prisoners with necessary skills and support systems to reduce recidivism and
facilitate their successful reintegration into society.

Prisons in India are governed by the Prison Act of 1894 and the Model Prison Manual, which
provide guidelines for the management and administration of prisons in the country

Prosecutor should vest with power of framing of charge : The power to frame charges in a
criminal case generally rests with the judiciary, particularly the judge presiding over the trial.
The role of the prosecutor is to present the case against the accused, produce evidence, and
argue for the charges based on the evidence and applicable laws.

There are arguments both in favor of and against vesting the power of framing charges solely
with the prosecutor. Supporters argue that prosecutors are well-versed in the law and have a
better understanding of the evidence. They believe that giving prosecutors the power to frame
charges would streamline the process, save time, and ensure efficient administration of
justice.

On the other hand, critics argue that vesting the power solely with the prosecutor may
undermine the impartiality and fairness of the process. They contend that the power to frame
charges should be with the judiciary, as judges are expected to be neutral and objective in
evaluating the evidence and determining the appropriate charges.

In many legal systems, including the adversarial system, the power to frame charges is
entrusted to the judiciary to maintain a system of checks and balances. The judge carefully
examines the evidence and arguments presented by both the prosecution and the defense
before determining the charges to be brought against the accused.

Ultimately, the allocation of the power to frame charges is a matter of legal and constitutional
framework, and different jurisdictions may adopt different approaches based on their legal
systems and principles of justice.
Function of Probation Officer (SN): Who is an probation officer? can be described as they
are professionals who oversee people under probation. They make sure that the probationer
has the necessary support to transition back into civil society with ease. Probation officers
prepare reports regarding the progress of probationers and important engagements like
clinical visits, rehabilitation and employment. A probation officer works with violators of the
law who are serving community-based sentences. They ensure that the probationers fulfil
judiciary requirements during their probationary periods. These members of the criminal
justice system visit individuals on probation, supervise their activities and create reports on
their progress. Common probation officer duties include:

 Meeting with probationers at home, school, work, court or other settings to discuss
their progress during probation
 Scheduling job interviews, training sessions, counselling appointments and
rehabilitation programmes for probationers as required
 Filing reports on probationers' progress and compliance with the court
 Meeting with employers, family members, judges, lawyers, community leaders and
other parties with vested interests to discuss a probationer's progress
 Suggesting judicial amendments to probation requirements when appropriate
 They may engage with juveniles and even adults.

1. EXTRAS ** Pre-Sentencing Investigations: Probation officers conduct pre-

sentencing investigations to gather information about the offender's background,
criminal history, and personal circumstances. They provide this information to the
court, which helps judges make informed decisions about sentencing and determine
whether probation is a suitable option.
2. Supervision and Case Management: Probation officers are responsible for supervising
individuals who have been placed on probation as an alternative to incarceration or as
a condition of their sentence. They monitor their compliance with court-ordered
conditions, such as attending counseling or treatment programs, maintaining
employment, and refraining from criminal activity. Probation officers develop
individualized case plans and provide guidance and support to help offenders
successfully reintegrate into the community.
3. Risk and Needs Assessment: Probation officers conduct assessments to evaluate the
risks and needs of offenders under their supervision. These assessments help identify
factors that may contribute to reoffending and inform the development of appropriate
intervention strategies.
4. Counseling and Referrals: Probation officers provide counseling and support to
offenders to address issues such as substance abuse, mental health concerns, and
anger management.
5. Compliance Monitoring: Probation officers regularly meet with offenders to monitor
their compliance with court-ordered conditions. They conduct home visits, drug tests,
and check on employment or educational status to ensure adherence to the terms of
probation. If violations occur, probation officers may initiate appropriate actions, such
as issuing warnings, modifying conditions, or recommending revocation of probation.
6. Report Writing and Court Testimony: Probation officers prepare reports for the court,
providing updates on an offender's progress, compliance, and overall rehabilitation.
They may also be required to testify in court regarding an offender's progress or
violations of probation.
1958, Probation Offenders Act: is a legislation in India that provides for the release of
offenders on probation instead of sentencing them to imprisonment. The Act aims to promote
the rehabilitation and reintegration of offenders into society by granting them an opportunity
to reform their behavior under the supervision of a probation officer.

One of the key provisions of the Act is the concept of a suspended sentence. A suspended
sentence refers to a judicial decision where the court imposes a sentence of imprisonment on
an offender but suspends its execution for a specific period. During this period, the offender
is placed on probation and must comply with certain conditions set by the court.

The conditions of probation can include regularly reporting to a probation officer,

undertaking counseling or rehabilitation programs, maintaining good behavior, and avoiding
criminal activities. If the offender successfully fulfills the conditions during the probation
period, the suspended sentence may be discharged, and the person may avoid serving the
actual term of imprisonment. However, if the offender violates the conditions, the court may
revoke the suspension and order the original sentence to be served.

The suspended sentence provision under the Probation of Offenders Act is aimed at giving
offenders an opportunity to reform and reintegrate into society, while still holding them
accountable for their actions. It recognizes that some offenders may benefit more from
rehabilitation and support rather than immediate incarceration.

MODULE-5 Victimology

Introduction

Andrew Karmen texted victimology as- study of -victimization – victim offender relationship
-victim criminal justice system relationship -victim & media -victim & the cost – victim &
social movement. The administration of criminal justice is not much concern with the victim
of crimes. The entire focus of the criminal justice system is on the offender, either to punish
him or to seek him reformation or rehabilitation. Thus, the liberal criminology unfortunately
ignored the victim and concentrated mainly on protection of interest of criminals. Very
recently the attention has been drawn to protection of interest of victims of crimes which has
resulted into a new discipline commonly known as Victimology. President G.R Ford (USA)
opined- For too long, the law has centered its attention more on the rights of the criminals
rather than the victims of crimes. It is high time we reversed this trend and put the highest
priority on the victims and potential victims

The UN Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power
draws attention to the fact that crime is not just a violation of a criminal code but also causes
harm to victims, including economic loss, emotional suffering and physical or mental injury.

Definition n concept of Victim: The concept of victim dates back to ancient culture and
civilization. Original meaning was rooted in idea of sacrifice i.e. the execution of man or
animal for the satisfaction of a deity. During the founding of Victimology in 1940s,
victimologists such as Mendelshon, Von Hentig and Wolfgang describe victims as helpless
dupes who instigate their own victimization. Today, the concept of victim includes any
person who experiences injury, loss or hardship due to any cause. The term crime victim
generally refers to any person, group or entity who has suffered injury or loss due to illegal
activity. The harm may be physical, psychological or economic thus, the victim of crime to
be understood in a comprehensive and inclusive sense and not in its narrow sense.

Victim Typologies: Victimology is the scientific study of victims of crimes, a sub-discipline

of criminology. It seeks to study the relationship between victims and offenders; the persons
especially vulnerable to crimes and the victim’s placement in the criminal justice system.5 At
first (going back to the origins of criminology in the 1880s), anything resembling victimology
was simply the study of crimes from the perspective of victims .The scientific study of
victimology can be traced back to the 1940s and 1950s. Two criminologist , Mendelsohn
and Von Henting , began to explore the field of victimology by creating “typologies”. They
are considered the “fathers of study of victimology.” These new “victimologists” began to
study the behaviors and vulnerabilities of victims. Mendelsohn created a typology of six
types of victims, with only first type, the innocent, the other five types are contributed
somehow to their own injury, and represented victim precipitation.

Von Hentig studied victims of homicide, and said that the most likely type of the victim is the
“depressive type” who is an easy target, careless and unsuspecting. Wolfgang’s research
followed this lead and latter theorized that “many victims –precipitate homicides were in fact
caused by the unconscious desire of the victims to commit suicide.

Theories of Victimology (SN)

1) Victim Precipitation Theory: This theory suggests that victims may contribute to their
own victimization through their actions, lifestyles, or behaviors. It posits that some victims
may unintentionally provoke or encourage criminal acts. For example, a person who displays
aggressive behavior may be more likely to incite violence.

2) Lifestyle Theory: "Some criminologists believe people may become crime victims
because their lifestyle increases their exposure to criminal offenders." Ex- "Single women
who drink frequently and have a prior history of being sexually assaulted are most likely to
be assaulted.

3) Deviant Place theory: "The more often victims visit dangerous places, the more likely
they will be exposed to crime and violence. Victims do not encourage crime, but are victim
prone because they reside in socially disorganized high-crime areas where they have the
greatest risk of coming into contact with criminal offenders, irrespective of their own
behavior or lifestyle."

4) Routine Activities Theory: This theory focuses on the convergence of three elements: a
motivated offender, a suitable target, and the absence of a capable guardian. According to this
perspective, victimization occurs when these three factors come together in time and space.
For example, a thief may target a house when the residents are away, and there are no
security measures in place.

5) Power-Control Theory: Power-Control Theory examines the influence of gender and

power dynamics in victimization. It suggests that family structures and power differentials
within households can contribute to variations in victimization rates. For instance, it theorizes
that patriarchal family structures may increase the risk of violence against women and girls.
MODULE-6 Concept of victim compensation/ Victims of Crime and Indian
Constitution and CrPC:

It may be discussed under two heads- • Traditional concept and • Modern concept.

a) Traditional concept: “Ubi remedium ibi jus”13 principle was traditionally applicable for
awarding compensation. Almost in all primitive society the concept of true criminal law was
unknown. Every crime including murder could be paid for by way of pecuniary redress.
Indeed every crime was a civil wrong and not an offence against society at large. All old
codes- Roman, German, English or Islamic gave emphasis on the question of compensation
and restitution.

b) Modern Concept: “Ubi jus ibi remedium” principle is now applicable. Modern concept of
compensation is that no one should left without remedy. In U.S.A, California was the first
State to introduce laws to compensate victims of violent crimes in 1965. Legislations have
been passed by all the states to empower the courts to order compensation by the offender to
the victim and reasons must be recorded when the compensation order is not passed. ’ The
basis of quantum of compensation is same as that of damages in civil injuries and the money
payable is for pain and suffering& loss of earning capacity.

In India following legislations are there which talks about victim compensation scheme:

i) CrPC: S.357: when a court imposes a sentence on an offender, it may also direct the
offender to pay compensation to the victim for any loss or injury suffered as a result of the
crime. The court considers factors such as the nature of the crime, the financial condition of
the offender, and the ability of the offender to pay the compensation

The court may also order the compensation to be paid out of any fine imposed on the
offender as part of the sentence. If the compensation awarded is inadequate, the court may
further direct the offender to pay additional compensation.

S. 357(3) emphasizes the importance of providing restitution to victims and aims to

compensate them for the harm they have endured. It helps ensure that offenders are held
accountable not only through punishment but also through monetary restitution to the
victims.

In Sarvan Singh V. State of Punjab: The court laid down that the amount of fine should be
determined on the basis of various factors including the nature of crime, number of injuries
and the paying capacity of the offender.

In Mohammed Shah V. Emperor: the offender was awarded one years’ imprisonment and a
fine of Rs 500 out of which Rs 400 was awarded to the heirs of the victim

In Guruswami V. State of T.N: in a case of murder it is only fair that proper compensation
should be provided for the dependents of the deceased.

In Baldev Singh V. State of Punjab: also indicates that quite often Supreme Court prefers to
substitute a severe punishment given to offender in award of compensation to the victim in
death resulting due to family quarrel.
In Jacob George V. State of Kerala: where a homeopath attempting to procure an abortion
by operating upon a woman caused her death, the S.C reduced punishment to 2months
already undergone. The fine imposed upon the petitioner was increased from Rs 5000 to one
lakh required to nurse the child of the deceased reasonably well.

ii) The probation of offender act, 1958: The Act lays down that while releasing an accused
on probation or on admonition the court may order offender to pay compensation and cost to
the victim concern.

iii)-The Motor Vehicles Act,1939- Act empowers the Government. to establish and
administer a “Solatium Fund” out of which compensation can be paid in cases of death or
grievous hurt.

iv)- Fatal Accident Act, 1955

v)- Indian Railway Act, 1890

vi)- Workmen’s Compensation Act,1923 also talks about the victim compensation
scheme.

vii)-A. 21 of the Constitution of India- S.C has expanded A. 21 and incorporated new
branch of study from Rudal shah to Chandrima Das wherein S.C evolved the “Victim
compensation scheme.” Although it has been criticized by various scholars in the name of
unbrinded expansion of life and personal liberty.

CONCLUSION: EXTRA*** Criminology is mainly concern with the criminals, their social
backgrounds, the causes of criminality, methods of punishment and crime prevention
sections. Little attention has been made on the victim either as instigator of crime or as
deserving protection of administration and society for rehabilitation in an honorable and
dignified way. Victimology is not confined now in studying the ‘Penal-couple’ relation only,
the compensation to victim is also gaining importance. A person sustaining injuries or his
dependents in case of his death may be provided compensation. Western countries like U.K.
&U.S.A. have enacted a separate branch of law in this regard. In New Zealand, the provision
has been made for “indemnity fund” in the State Treasury. In India, various legislations in
general and CrPC 1973 in particular which talks about the compensation to victims of crime.
A new provision in the code has been added in 2008 i.e. S,357-A which incorporates ‘victim
compensation scheme’. Even though various legislative measures are there for the protection
of victim of crime but writer is of the view that “Victimology”should be a separate branch of
study as a sub-discipline of “Criminology”.

Judicial Stand: In the Indian criminal justice system, the role of victims has gained
recognition and importance over the years. Here is an overview of the judicial stand on the
role of victims and legislative measures to protect their rights:

Judicial Stand:

1. Right to be heard: The Indian judiciary recognizes the right of victims to be heard during
various stages of the criminal justice process, including the investigation, trial, and
sentencing. Victims have the opportunity to present their views, concerns, and evidence
before the court.
2. Victim participation: Courts in India have acknowledged the importance of victim
participation in criminal proceedings. Victims may be allowed to engage legal counsel, seek
remedies, file complaints, and present evidence relevant to their case. They can also assist the
prosecution and seek regular updates on the progress of the case.

3. Restitution and compensation: Courts have the power to order the payment of
compensation to victims under Section 357 of the Criminal Procedure Code. This provision
enables victims to receive monetary relief for the losses or injuries suffered as a result of the
crime.

4. Protection and support: Courts may issue orders to ensure the safety and protection of
victims, such as restraining orders, victim/witness protection measures, or anonymity during
trial. Victims may also be entitled to support services, including legal aid, counseling, and
rehabilitation.

Legislative Measures:

1. The Code of Criminal Procedure (Amendment) Act, 2008: This amendment introduced
various provisions to strengthen the rights of victims, including the right to be heard and
participate in proceedings, protection measures, and compensation.

2. The Protection of Children from Sexual Offences (POCSO) Act, 2012: This legislation
focuses on the rights and protection of child victims of sexual offenses. It provides for child-
friendly procedures, speedy trials, and support services for child victims.

3. The Criminal Law (Amendment) Act, 2013: This amendment introduced several
changes to address crimes against women, including sexual offenses. It enhanced punishment
for certain offenses, expanded the definition of sexual offenses, and provided for victim-
friendly processes during trials.

4. Victim Compensation Schemes: The government, both at the central and state levels, has
implemented victim compensation schemes to provide financial assistance to victims of
various crimes. These schemes aim to support victims with monetary compensation to aid
their recovery and rehabilitation.