Victimology is the scientific study of victims and their experiences, particularly about crimes. It emerged as a distinct field in the mid-20th century, focusing on understanding the dynamics between victims and offenders, the psychological effects of victimization, and the broader social and legal responses to crime. The term was first coined by criminologist Benjamin Mendelsohn, who is often regarded as one of the founders of victimology.

Victimology explores various aspects of victimization, such as why certain individuals or groups are more likely to become victims, the impact of crime on victims, and how they are treated within the criminal justice system. It examines the physical, emotional, and financial harm victims endure and the legal and societal mechanisms designed to support them, such as compensation programs, victim rights laws, and restorative justice practices.

The field also scrutinizes patterns of victimization, including repeat victimization and the sociocultural factors that may predispose certain populations to higher risks, like poverty, race, or gender. It aims to address gaps in how the legal system responds to victims, often advocating for more empathetic and therapeutic approaches.

By understanding victims' needs and circumstances, victimology contributes to more effective crime prevention strategies, policy-making, and the development of support systems to assist victims in their recovery.

History of Victimology:
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. At first (going back to the origins of criminology in the 1880s), anything resembling victimology was simply the study of crimes from the victims' perspective.

The scientific study of victimology can be traced back to the 1940s and 1950s. Two criminologists, Mendelsohn and Von Henting, began to explore the field of victimology by creating "typologies". They are considered the "fathers of the 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 the first type, the innocent, the other five types contributed somehow to their injury, and represented victim precipitation.

Von Hentig (1948) studied victims of homicide and said that the most likely type of victim is the "depressive type" who is an easy target, careless, and unsuspecting.

Wolfgang's research (1958) followed this lead and later theorized that "many victims –precipitate homicides were caused by the unconscious desire of the victims to commit suicide.

Definition and Concept of Victim:
The concept of victim dates back to ancient culture and civilization. The original meaning was rooted in the idea of sacrifice i.e. the execution of man or animal for the satisfaction of a deity.

During the founding of Victimology in the 1940s, victimologists such as Mendelshon, Von Hentig, and Wolfgang describe victims as helpless dupes who instigate their victimization.

Today, the concept of victim includes any person who experiences injury, loss, or hardship due to any cause. The term "crime victim" broadly refers to any individual, collective, or thing that has lost something or been harmed as a result of illicit behavior. Because the injury might be psychological, financial, or bodily, the victim of crime should be viewed broadly and inclusively rather than narrowly.

It must also contain a collectivity made up of a class, group, or community of people who are of a particular race, economic class, political affiliation, or religion and who have suffered physical or psychological harm as a result of individual wrongdoing or group including persons in lawful authority by abusing his or their lawful powers.

Victim Participation in Crime:
Dr. Hans Von Hentig made the first-ever study of the role of victims in crime and found some general characteristics among them which may be summarized as follows:

• The poor and ignorant and those who are greedy are the victims of offenses involving fraud.
• The victim of larceny (theft) or intoxicated or sleeping persons.
• Wanton or sensual persons may become victims due to situations precipitated by themselves.

Mendelsohn studied victims based on their contribution to crimes and classified them into the following categories:

• Completely innocent victim, e.g., children, person in sleep.
• Voluntary victim, e.g., who commits suicide.
• Victims who are more guilty than the offenders, e.g., who provoke others to commit crimes.

Sources of Victimization:
Victimization stems from a range of personal, social, and environmental factors that increase the likelihood of an individual becoming a victim. These sources can be broadly categorized into:

• Individual Characteristics: Certain personal attributes, such as age, gender, and socioeconomic status, may influence vulnerability. For example:
  • Women, children, the elderly, and those in lower income brackets are statistically more likely to experience violent crime, abuse, or exploitation.
  • Youth are often targets of bullying or cybercrime due to their higher exposure to digital platforms.
     
• Social and Environmental Contexts: Communities with higher levels of poverty, unemployment, and social disorganization tend to experience elevated crime rates.
  • Lack of access to resources and infrastructure (e.g., policing, healthcare, education) in these areas contributes to increased victimization.
  • Urban environments with poor lighting and policing may lead to higher incidences of assault and robbery.
     
• Lifestyle and Routine Activities: The routine activities theory suggests that people's daily activities and behaviors influence their risk of victimization.
  • Frequenting high-risk areas, working night shifts, or engaging in substance abuse may increase one's exposure to potential offenders.
     
• Systemic and Institutional Factors: Institutional neglect or failure, such as inadequate law enforcement response or insufficient protective measures, can also exacerbate victimization.
  • Discrimination based on race, gender, or sexual orientation can lead to hate crimes and systemic violence.

Persons needing special consideration:
Victims often face unique vulnerabilities due to factors such as age, gender, disability, or social standing. These individuals are often disproportionately affected by crime and may require additional support to cope with the physical, emotional, and psychological impacts of victimization. The criminal justice system and related social services must adapt to provide appropriate care and protection to these groups, ensuring their rights are upheld and their needs are met.

1. Children: Children are one of the most vulnerable groups when it comes to victimization. Their dependence on adults for protection and care often places them in situations of potential harm, particularly in cases of abuse, neglect, or exploitation. Crimes against children, such as physical or sexual abuse, human trafficking, or exposure to domestic violence, can have lasting psychological and developmental consequences.
   
   Children require specialized legal procedures, such as child advocacy centers and forensic interviewing, to ensure they are treated with sensitivity and not retraumatized during the investigation and trial processes. Special legal protections, such as mandatory reporting laws and child protection services, are in place to safeguard their rights.
    
2. Women and Gender-Based Violence Victims: Women, especially in the context of domestic violence, sexual assault, and human trafficking, are another group requiring special attention. Gender-based violence is often underreported due to societal stigma, fear of retaliation, or lack of trust in legal systems. Victims of these crimes may face ongoing threats to their safety and psychological well-being. Special services like domestic violence shelters, hotlines, and trauma-informed care are essential to support these victims. Legal protections, including restraining orders and specialized domestic violence courts, help ensure their safety and facilitate justice.
    
3. Elderly Victims: The elderly are often targeted due to their physical frailty, cognitive impairments, and social isolation, making them susceptible to abuse, fraud, and neglect. Elderly victims may experience physical abuse, financial exploitation, or neglect, often perpetrated by caregivers or family members. These crimes often go unnoticed or unreported, as elderly victims may be unable or unwilling to report due to dependence on their abusers or fear of being institutionalized. Special elder protection units and legislation, such as adult protective services and elder abuse laws, are in place to address their specific needs.
    
4. Victims with Disabilities: People with physical, intellectual, or psychological disabilities are also at increased risk of victimization, particularly when it comes to abuse or exploitation. Their impairments may limit their ability to defend themselves, recognize abuse, or report crimes. They may also face barriers in accessing the criminal justice system due to communication difficulties or lack of appropriate accommodations.
   
   Special attention is required to ensure that victims with disabilities are provided with accessible legal, medical, and social services. This includes trained professionals, adaptive technologies, and accommodations during legal proceedings to ensure they can fully participate in the justice process.
    
5. Minority Groups: Ethnic minorities, LGBTQ+ individuals, immigrants, and refugees often face discrimination, hate crimes, and other forms of victimization due to their marginalized status. Cultural barriers, language differences, and fear of deportation can prevent these groups from seeking help or reporting crimes. Specialized support services, such as hate crime task forces and culturally competent victim advocates, are necessary to address their unique challenges.

Modern concept of victimology:
"Ubi jus ibi remedium"5 principle is now applicable. The modern concept of compensation is that no one should left without a remedy.

In the UK, Compensation is payable under the 'criminal injuries compensation scheme, 1964.' The basis of the quantum of compensation is the same as that of damages in civil injuries and the money payable is for pain and suffering& loss of earning capacity. Under the revised scheme of 1973, it is now possible to give compensation for injuries caused by one family member to another.

The Criminal Justice Act of the U.K. provides that if a court contemplates imposing both a fine and a compensation order, and the offender lacks the capacity for both payments, the court is to issue a compensation order only. Since 1988, the law has required the court to record reason if no order for compensation is passed.

In the U.S.A, California was the first State to introduce laws to compensate victims of violent crimes in 1965 and as of now, 45 out of 50 States have such programs and restitution. 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.

In India following legislations are there which talk about victim compensation schemes:

• Code of Criminal Procedure, 1973:
  • Section 357 is the main provision dealing with compensation to crime victims. It says that whenever a criminal court imposes a fine, the court may order the whole or any part of the fine recovered to be applied in the payment of any person of compensation for any loss or injury caused by the offense when compensation is, in the opinion of the court, recoverable by such person in a civil court.
  • Sub-section (3) of Section 357 provides that when a court imposes a sentence of which a fine does not form a part, the court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order, to the person who has suffered any loss or injury by reasons of the act for which the accused person has been sentenced.
  • Section 357-A lays down the "Victim Compensation Scheme." The court has very limited discretion under Section 357(1), as it can give compensation only out of the fine if imposed on the offender. However, the court has much more discretion under Section 357(3), though only if a fine does not form a part of the sentence.
  • Relevant case laws:
    • In Sarvan Singh v/s State of Punjab, the court stated that in awarding compensation, it should consider what compensation ought to be awarded to the heirs of the deceased and then impose a fine higher than the compensation.
    • In Mohammed Shah v/s Emperor, the offender was awarded one year's imprisonment and a fine of Rs. 500, out of which Rs. 400 was awarded to the heirs of the victim.
    • In Guruswami v/s State of T.N., it was held that in a case of murder, proper compensation should be provided for the dependents of the deceased.
    • In Baldev Singh v/s State of Punjab, the Supreme Court often substituted severe punishment with compensation to the victim.
    • In Dr. Jacob George v/s State of Kerala, the Supreme Court reduced imprisonment to two months and increased the fine imposed on the petitioner from Rs. 5000 to Rs. 1 lakh to nurse the child of the deceased reasonably well.
• The Probation of Offenders Act, 1958: The Act lays down that while releasing an accused on probation or admonition, the court may order the offender to pay compensation and cost to the victim concerned.
• The Motor Vehicles Act, 1939: The 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.
• Fatal Accident Act, 1955: Protects the interests of victims by providing compensation.
• Indian Railway Act, 1890: Provides compensation to victims in certain circumstances.
• Workmen's Compensation Act, 1923: Includes provisions for victim compensation schemes.
• Article 21 of the Constitution of India: The Supreme Court has expanded Article 21 to incorporate the "Victim Compensation Scheme" in cases from Rudal Shah to Chandrima Das. However, this has been criticized by various scholars as an unbranded expansion of life and personal liberty.

Conclusion:
Victimology has transformed from its early focus on victim-blaming to a discipline centered on understanding the rights, needs, and experiences of victims. Modern victimology advocates for comprehensive legal and institutional support, aiming to ensure justice and rehabilitation for victims. Rights and Restitution Act (1990) 15in the U.S. ensures victims receive services such as counseling and protection.

In the UK, the Code of Practice for Victims of Crime provides rights like victim compensation and information on legal proceedings. India's Criminal Law (Amendment) Act, 201316 expanded protections for victims of sexual violence, following the infamous Nirbhaya case, which sparked nationwide reforms on gender violence. Payne v. Tennessee (1991) in the U.S. affirmed the admissibility of victim impact statements in court, recognizing the victim's role in sentencing.

The Sarah Everard case in the UK highlighted systemic failures in protecting women, leading to stronger calls for police accountability and reforms to enhance public safety. Victimology continues to evolve, emphasizing victim rights, trauma-informed approaches, and a more active role for victims in the criminal justice system. By addressing both legal and societal responses, victimology seeks a balanced framework for justice.

References:

• The Constitution of India
• Criminal Procedure Code, 1973
• Recommended by the Law Commission in its forty-first report
• The Indian Penal Code, 1860
• The Code Of Criminal Procedure, 1973
• William MacDonald, Criminal Justice and the Victim, 1976
• Abuja Ram: Criminology, Rawat Publication, New Delhi
• Dr. M. S. Chauhan: Criminology, Criminal Administration and Victimology, Central Law Agency, Allahabad
• E. H. Sutherland: Principles of Criminology, Times of India Press, Bombay
• Prof. E.H. Sutherland, Principles of Criminology (J.B. Lippincott Co., 1955)
• Prof. R. Deb, "Victimology", Cr.L.J. 1986
• Ahmed Siddique, Criminology Problems and Perspectives, 1993
• The Criminal and his Victim, (1948)
• (42 U.S.C. 10607(c))
• Act No. 13 of 2013
• (1978) 4 SCC 111
• AIR 1934 Lah. 519
• (1995) 6 SCC 593
• (1994) 3 SCC 430

Written By: Rizwan Ahmed, 3rd year B.A.LL.B. (H), Jamia Millia Islamia Faculty of Law, and Asif Iqbal, 1st year LL.B. Delhi University