Criminal Victimization & Justice Administration in India by Gajendra Misher

  1. Effects of crime on victim-

Crime affects the life of the individuals and victim’s families. It causes serious physical and psychological injuries to the victim and victim’s family. Sometimes due to the consequences of the crime victim suffer financial loss. They feel isolated from the society and want to live alone. For example a victim always feel afraid to walk into darkness alone than a non-victim person. They fear of what happened with him, which always happened to be an abstract on his path to move forward or start a new journey. His past always reminds him what happen with him

In 2015, U.S. residents of age 12 or older experienced an estimated 5.0 million violent victimizations (rape or sexual assault, robbery, aggravated assault, and simple assault), according to the ‘Bureau of Justice Statistics’ (BJS) based on National Crime Victimization Survey (NCVS). The NCVS collects information on nonfatal crimes reported and not reported to police from a nationally representative sample of U.S. households. From 2014 to 2015, there was no statistically significant change in the overall violent crime rate. From 1993 to 2015, the rate of violent crime declined from 79.8 to 18.6 victimizations per 1,000 persons of age 12 or older.[1]

(A).Juvenile victims-

Juvenile victimization is a basic concept in which a child below the age of eighteen suffer crime like molestation, physical and mental abuse, sexual harassment and others heinous crime which effect the life of the victim. To rehabilitation of juvenile victims, we need to understand their mental conditions as well as their perspective regarding their problems and make a friendly and healthy environment around them so that they can feel safe and comfortable, willing to share their actual problem which makes their rehabilitation better.

For example a victim of sexual harassment is more confidential and introvert in nature because what happens with him is heinous crime which affects him not only mentally but also physically. He breaks out and finds himself surrounding by fear and losses his beliefs in humanity. To recover from that situation he needs special care and a trust worthy environment to share his problem and come up with it.

The national crime victimization survey reported that the average annual rate of violent crime continues to be highest among youth between the age of 16 and 19 who were victimized at a rate of 55.6 per 1000 persons[2]

To secure the rights of the children in India, to protect from abuses and victimization and to empower children to give them education which is the basic tool to protect themselves which is their fundamental rights in which supreme court decided article 21-A as a fundamental right. To give free and compulsory primary education is the right of every child between the ages of 6 to 14. Article 21-A state that “The state shall provide free and compulsory education to all children of the age 6 to 14 in such manner as the state may by law determine”

In order to secure the rights of children in India and to protect them from abusing, victimization or empower them, education must be provided them as their fundamental right. In Unnikrishnan’s case[3] during 1993, Supreme Court made article 21-A to make education a fundamental right of children. The article clearly states that “The state shall provide free and compulsory education to all children of age of 6 to 14 year in such manner as the state may by law determine”.

India also signed the united nation’s convention on the rights of the children in 1992 in order to secure the rights of children and to promote it globally and act was taken as the basic and necessary step towards the protection of rights of children.

(B).Victimization of women-

During the past few decades victimization of women has been increased drastically and reasons behind it are lack of education and low mentality of people. In every 2 minutes a woman suffers sexual harassment. Many popular faces like Lady Gaga, Oprah Winfrey admit that they have suffered sexual harassment during childhood but due to fear and lack of education, they were not strong enough to stand up against it. Victimization of women includes abusing, sexual harassment, mental or physical torture, killing them for dowry and domestic violence. All these crimes are mostly faced by women in India. Domestic violence means a partner abuses another partner to gain his self-ambitions. According to the National Centre for Injury Prevention and Control, women experience about 4.8 million intimate partner-related physical assaults and rapes every year[4]According to the National Crime Victimization Survey, 232,960 women in the U.S. were raped or sexually assaulted in 2006. That is more than 600 women every day[5]

To protect women from victimization in India many strict laws have been made by the parliament to empower women. To lead this efforts state legislature and local bodies were ordered to provide 33% reservation seats to encourage women power. In recently Gujarat government made a law to give 33% reservation to women in local police which was a historical step towards women empowerment. Many others government projects like ‘BETI BACHAO’ is running for women empowerment.

(C).Victimization of disabled person-

Disabled persons are more victimized than a normal person because of their disabilities. People always take advantage of their disabilities to fulfill their self motive. Disabilities includes cognitive disabilities (includes intellectual, development and severe learning disabilities) physical disabilities, sensory disabilities (includes blind, deaf etc) and psychiatric disabilities (disorder and mental illness).

According to NCVS in 2012 for both male and female rate of violent crime was greater for those with disabilities than the rate for those without disabilities. The rate for males with disabilities was 59 per 1000 compared to 25.1 per 1000 for males without disabilities while the ratio was 61.8 per 1000 for females without disabilities[6]

To protect the rights of disabled persons, in1992 India adopted “The Proclamation on The full Participation and Equality of People with Disabilities in Asian and Pacific Region”. As a signatory of this proclamation India’s ministry of law justice and company affairs passed an act on January 1, 1996 names “THE PERSON WITH DISABILITES ACT 1995”. According to this act child below 18 years come under this act. It also includes blindness, low vision, leprosy-cured hearing impairment, mental disorder and mental illness. Two committees were formed under this act one is Central Coordination committee and second is Central Executive Committee.

Later in 2007 India signed U.N. Convention on Rights of Person with Disabilities to work further to protect the rights of disabled person. To compete with this convention’s provisions and based on the report of “Sudha Kaul Committee” government  brought 119 amendments to “The Rights Of Person with Disabilities Act 2014” and will replace “The Person with Disabilities Act 1995” but bill is still pending in Rajya Sabha.

  1. CRIMINAL JUSTICE ADMINISTRATION IN INDIA

The concept of criminal justice in India came into existence during the times of Manu. He described many forms of offences like murder, rape, breach of trust, theft, sedition, assault etc. Manu believe in “Divine theory” means king is the supreme and people are bound to follow his rules and regulations. King himself is an administrator of justice.  He had power to decide matters relating criminal offence and give punishment on his own discretionary power.

In modern time we have codified laws. Essential objects of these laws are to protect society from unwanted criminal objects who want to break out the peace. For this very same purpose law holds the threat of punishments to criminals and makes suffer offenders by the prescribed punishments for their crimes.

In India for the criminal administration in justice we divide criminal law in two parts-1.Substantive law

  1. Procedural law.

Substantive criminal law defines the offences and punishments for the offences while procedural law administered the substantive law and provides the producer which leads to the justice in reality. In criminal administration in India we have two statues of laws 1.Cr.P.C. (Criminal Procedure Code1973) as the procedural law and I.P.C.(Indian Penal Court1860).

IPC was drafted during 1860 on the recommendation of the first law commission of India established in 1834 under the charter act 1833 under the chairmanship of Lord Thomas Babington Macaulay and its elements or rules were inspired by Napoleonic Code. IPC defines the definition of offence like murder, culpable homicide, offences against state, etc and also provides punishments for the offences which are carried out with proper procedure laid down in Cr.P.C. 1973.

The procedure for administration of criminal justice is defined under Cr.P.C. The procedure is divided into four steps 1.investigation 2.inquery 3.trial and 4.punishment. There are two types of offences, one is cognizable and second is non-cognizable offences. This is defined in the code cognizable offence under section 2(c).  “Cognizable offence” means an offence for which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant[7] and this case is known as cognizable case.  Section 2(1) defines non-cognizable offence. “Non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant;[8]

Investigation is defined under section (h). “Investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate on his behalf[9]

Investigation is the primary elements in procedure of law in justice after the recording of FIR (First Information Report) in police station and under section 154(4) police has power to investigate the complaint of cognizable cases without the order of the police.

In case of Bhim Singh vs. Union of India dated 5/9/2014. Court gave guide lines relating under trial prisoners, directed for effective implementation of section 346(A) of  the code of Criminal Procedure by directing jurisdiction magistrate/chief judicial magistrate/session judge to hold one sitting in a week in each jails/prison for two months commencing from first October,2014 for the fulfillment of purpose of section 436(A).[10]

  1. Conclusion-

Having this codified procedure and strict laws criminal justice system failed to performed its obligations according to National Crime Record Bureau (NCRB) data till 2013 the total number of convict prisoners was 1,29,608 and under trial prisoner was 2,78,503 in jailed of the country there were 12,406 Christian 11,666 Sikh, 57,936 Muslim and 1,92,202 Hindu[11]

To protect the basic fundamental rights of the people. Government need to amend the criminal laws because they are obsolete now. They need to reframe according to modern requirement of the society. Government need to appoint more judges so that justice should not be delayed just because of principles of Natural Justice “Justice delayed is Justice denied”.

 

 

 

[1] www.bjs.gov (Table no 1 violent victimization, by type of violent crime, 2005, 2013, 2014.) last access on 26 of January 2017

[2] www.ncjrs.gov(Bureau of Justice Statistics. 2004. Criminal Victimization, 2003. Washington, D.C.: U.S. Department of Justice.)  Last access on 26 of  January 2017.

[3] Unni Krishnan, J.P. And Etc. vs. State of Andhra Pradesh And Ors. AIR 1993 SCR(1)594

[4] Centers for Diseases Control and Prevention (CDC)

[5] Bureau of justice Statistics

[6] Ibid. table 5

[7] Criminal Procedure Code of India 1973, Section2(c)

[8] Criminal Procedure Code of India 1973,Section2(1)

[9] Criminal Procedure Code of India 1973,Section2(h)

[10] Writ Petition  No. 310 of 2005  “Bhim Singh Versus Union of India & Ors

[11] National Crime Records Bureau (NCRB) 2013

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