Stake of Victim in Herding Criminal Prosecutions: A Case for Victimology

Nirati Gupta, Asst. Prof., Law Centre – I, Faculty of Law, University of Delhi

  1. Compare Notman & Nadelson, The Rape Victim: Psychodynamic Considerations, 133 Am. J. Psychiatry 405 (1976) (rape is traumatic external event that breaks balance of ego adaptation and environment, resulting in guilt, phobic reactions, anxiety, and depression), with K. Erikson, Everything In Its Path (1976), at 156-57 (medical terms for conditions present in 93% of flood survivors include depression, anxiety, phobia, post-traumatic neurosis; Erikson’s terms include confusion, despair, hopelessness), cited in Lynne N. Henderson, “The Wrongs of Victim’s Rights” 37 Stanford Law Review 937, at 956 (1985). []
  2. K. Erikson, Everything In Its Path, 253 (1976), cited in Lynne N. Henderson, “The Wrongs of Victim’s Rights” 37 Stanford Law Review 937, at 956 (1985). []
  3. J.P. Sartre, Being and Nothingness, 633 (1956), cited in Lynne N. Henderson, “The Wrongs of Victim’s Rights” 37 Stanford Law Review 937, at 962 (1985). []
  4. I. Yalom, Existential Psychotherapy, 218, (1980), cited in Lynne N. Henderson, “The Wrongs of Victim’s Rights” 37 Stanford Law Review 937, at 962 (1985). []
  5. Lynne N. Henderson, “The Wrongs of Victim’s Rights” 37 Stanford Law Review 937, at 962 (1985). []
  6. Supra n.4 []
  7. 1999 C.L.J. 145. []
  8. According to the ‘Declaration of the Basic Principles of Justice for the Victims of Crime and Abuse of Power’, victim includes, any person who, individually or collectively has suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of his fundamental rights, within the member States including those laws prescribing criminal abuse of power. []
  9. See, Justice M. Jagannadha Rao, “Rights, needs and benefits required to ensure effective victim testimony”, available at http://www.sabrang.com/cc/archive/2005/dec05/humanrights.html.  Last visited on 29.03.2013. []
  10. Supra n.5 []
  11. Cait Clarke & Thomas Block, “Victims’ Voices and Constitutional Quandaries: Life after Payne v. Tennessee” 8 St. John’s J. Legal Comment 35, 61 & n.144 (quoting LA. REV. STAT. ANN. § 46:1841 (1999). []
  12. Supra n.5 []
  13. Laurence H. Tribe, Position Paper on Victims’ Rights 1 (June 27, 1996), as cited in “Re-visiting victims’ rights” Supra n.5 []
  14. George P. Fletcher, With Justice for Some: Victims’ Rights in Criminal Trials, 181–201 (1995), as cited in “Revisiting Victim’s Rights”, Supra note 5. []
  15. See CrPC, 1973 Ss. 154 and155. []
  16. See CrPC, 1973 S.154 (3). []
  17. See CrPC, 1973 S. 190 []
  18. See Cr.PC, 1973 Ss. 301 and 302 []
  19. Id. This aspect and SC’s response to this has been discussed later in the chapter. []
  20. Advisory Council on the Penal System (1970) Reparation by the Offender (London, HMSO), cited in, Law Commission of India, 154th Report on Code of Criminal Procedure, 1973 (Vol. I), 1996. []
  21. S. 302 (2), CrPC, 1973 []
  22. 1978 K.L.T. 816 []
  23. 1995 (1) KLT 374. []
  24. 1984 Cr. LJ 499. []
  25. R.V. Kelkar, Lectures on Criminal Procedure 143 (2003). []
  26. 1997 Cr. L. J. 4636 (S.C.). []
  27. Zahira Habibulla Sheikh v. State of Gujarat, (2004) 4 SCC 158 []
  28. See CrPC, 1973, Ss. 406, 407. []
  29. AIR 2004 SC 3566. []
  30. 1996 (2) SCC 384. []
  31. AIR 1996 SC 922. []
  32. [1995] 1 SCC 14. []
  33. It was suggested that a Criminal Injuries Compensation Board be set up to give compensation to victims of crime. []
  34. For developments in rape law jurisprudence in India, see generally, Law Commission of India, 172nd Report on Review of Rape Laws, 2000, Justice Verma Committee Report on Rape Laws, 2013 and The Criminal Law (Amendment) Act, 2013. []
  35. AIR 1997 SC 3021 []
  36. AIR 1990 SC 1412, at 1416. []
  37. AIR 1996 SC 922 []
  38. Supra note 35 []
  39. Inserted by The Code of Criminal Procedure (Amendment) Act, 2008 []
  40. Ss. 166A, 166B, 326A, 326B, 354A, 354B, 354C, 354D, 370A, 376E have been inserted by the Criminal Law (Amendment) Act, 2013. []
  41. S. 375, Indian Penal Code, 1860 punishes invasion and penetration by a man of any orifice of the woman’s body, i.e., vagina, mouth, urethra or anus, by any means, including a man’s penis, his mouth, finger or any other external object. []
  42. By virtue of Section 375, IPC, 1860, age of consent, for the purpose of statutory rape, has been raised to eighteen years, from earlier 16 years. Similarly, where the victim is one’s wife, committing rape on her, when she’s below the age of 16 years, is made punishable by Section 376, IPC, 1860 []
  43. Ss. 370, 376A, 376B, 376C, 376D, 509, IPC, 1860 []
  44. S. 114A, Indian Evidence Act, 1872 []
  45. Ss. 53 and 146, Indian Evidence Act, 1872 []
  46. S. 154, CrPC, 1973 []
  47. S. 273, CrPC, 1973 []
  48. Ss. 357B, 357C, CrPC, 1973 []
  49. Robert C. Solomon, “Justice and the Passion for Vengeance” What Is Justice? 253 (2000), cited in, Steven Eisenstat, “Revenge, Justice and Law: Recognizing the Victim’s Desire for Vengeance as a Justification for Punishment” 50 Wayne Law Review 1115 (2005). []