From Shadows To Justice: A Victimological Perspective On Compensation, Support, And The Future Of Ai In Victim Rehabilitation
Introduction: Reframing Justice through the Lens of the Victim
For decades, criminal justice has revolved around the offender his rights, his rehabilitation, and his reintegration. Yet, behind every FIR, every courtroom testimony, and every sentence pronounced, there stands a silent figure the victim. Often forgotten, retraumatized, or sidelined, victims of crime form the heart of what the justice system seeks to protect. The discipline of victimology emerged as a long-overdue corrective shifting focus from “Who committed the crime?” to “Who suffered and how can justice heal?”
In India, this transformation is gaining momentum. With the advent of victim compensation laws, rehabilitation schemes, and even AI-based victim support tools, the justice system is evolving into something more empathetic and technologically responsive. Yet, challenges remain not just in law but in the moral fabric of justice itself.
Conceptual Clarity and Coverage
Definition and Scope of Victimology
The term victimology is derived from the Latin “victima” (sacrificial animal) and the Greek “logos” (study). Thus, victimology literally means the “study of victims.” Benjamin Mendelsohn, often regarded as the “father of victimology,” defined it as the scientific study of victims and their role in criminal eventsi. It examines why some individuals or groups are more prone to victimization, how society and the state respond to victims, and how justice mechanisms can restore their dignity.
The scope of victimology extends beyond mere sympathy it encompasses the legal, psychological, and sociological dimensions of victimization. It studies victim-offender relationships, assesses victim behavior, and recommends reforms to create a victim-sensitive Justice system. Within India’s criminal justice framework, victimology operates at the intersection of criminology, penology, and human rights balancing deterrence with compassion.
Key Theories of Victimology
1. Victim Precipitation Theory
Proposed by Marvin Wolfgang (1958), this theory suggests that certain victims, through their behavior or actions, may contribute to the occurrence of a crime. It does not blame the victim but recognizes the dynamics between victim and offender. For instance, cases of provocation leading to homicide sometimes reflect this interaction.
Criticism: In modern discourse, this theory is cautiously used to avoid “victim blaming,” especially in sexual assault cases.
2. Lifestyle Theory
Formulated by Hindelang, Gottfredson, and Garofalo (1978), the theory posits that individuals’ daily activities and social patterns influence their exposure to crime. For example, those frequently working late or living in unsafe areas face higher risks.
Example: Women in metropolitan cities using unsafe public transport late at night may face higher victimization risks.
3. Deviant Place Theory
Jeffrey’s Deviant Place Theory (1971) asserts that individuals who spend more time in highcrime areas are more likely to become victims, irrespective of their behaviour.
This theory emphasizes environmental and situational risk factors.
4. Routine Activity Theory
Proposed by Cohen and Felson (1979), this theory states that crime occurs when three conditions converge: a motivated offender, a suitable target, and the absence of a capable guardian.iii
Example: An unattended bag in a crowded station attracts a thief not because the victim was careless, but because all three elements aligned.
Together, these theories help policymakers understand that victimization is not random but influenced by lifestyle, environment, and social structure. In India, these understanding guides preventive policing and victim assistance frameworks.
Legal Provisions and Compensatory Reliefs for Victims
1. The Code of Criminal Procedure, 1973 (CrPC)
Sections 357, 357A, and 357B–C represent milestones in recognizing victims’ rights. Section 357A mandates every State Government, in coordination with the Central Victim Compensation Fund (CVCF), to prepare a scheme for compensating victims of crime for loss and rehabilitation.iv
In Ankush Shivaji Gaikwad v. State of Maharashtra, the Supreme Court held that victim compensation is not a charity but a right under law.v
2. NALSA and DLSA Initiatives
The National Legal Services Authority (NALSA) and District Legal Services Authorities (DLSAs) play key roles in disbursing compensation and providing legal aidvi. Through victim ompensation schemes under Section 357A CrPC, they offer financial support for medical expenses, rehabilitation, and legal proceedings.
3. Probation of Offenders Act, 1958
While this Act focuses on offender reform, Section 5 empowers courts to order compensation to victims, ensuring restorative justice alongside rehabilitation.vii
4. Motor Vehicles Act, 1988
Under Sections 140–166, victims of road accidents are entitled to no-fault and fault-based compensation. The Motor Accident Claims Tribunals (MACTs) ensure swift compensation without lengthy litigation.viii
5. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Replacing the CrPC, the BNSS, 2023, modernizes victim compensation. Section 395 emphasizes speedy disbursal of compensation through digital modes and expands the definition of “victim” to include dependents, aligning Indian law with international standards.ix
Case Studies and Schemes
(a) Acid Attack Victims
In Laxmi v. Union of India, the Supreme Court directed the government to create a nationwide scheme for acid attack victims, ensuring a minimum compensation of ₹3 lakhs.x
Schemes like the Prime Minister’s National Relief Fund and the Nirbhaya Fund support medical care, reconstructive surgeries, and vocational rehabilitation.
(b) Rape Victims
In Nipun Saxena v. Union of India, the Court framed Model Compensation Guidelines under the Nirbhaya Fund, ensuring financial and psychological rehabilitation.xi
These judicial directions transformed how India perceives justice not as retribution alone but as restoration and dignity.
Victim Support and Rehabilitation
1. Central Victim Compensation Fund (CVCF)
Launched in 2015 by the Ministry of Home Affairs, the CVCF provides a national framework for compensating victims of crimes such as rape, acid attacks, human trafficking, and sexual assault of minors. The fund complements state schemes and fills inter-state gaps.
2. Rehabilitation Measures
Victim rehabilitation extends beyond monetary relief it includes psychological counseling, education, healthcare, and social reintegration.
For example, NGOs like Stop Acid Attacks provide employment to survivors in cafés and art ventures, turning victims into voices of empowerment.
3. AI-Based Victim Support Tools
The integration of artificial intelligence in victim assistance is a transformative trend. Tools like AI chatbots (e.g., MyCounselor), digital complaint systems, and predictive algorithms help victims report crimes anonymously, access counseling, and track case progress.
However, ethical concerns persist privacy, data protection, and emotional dependency pose challenges. AI cannot replace human empathy, but it can amplify access to justice when designed responsibly
Analytical Depth and Originality
The relationship between victims and offenders is symbiotic yet complex. Criminologists argue that understanding these dynamic aids both crime prevention and restorative justice.
For example, restorative justice models, as seen in New Zealand and Canada, bring victims and offenders together for mediated dialogues fostering empathy, accountability, and closure.
In India, while the justice system remains adversarial, mediation and victim impact statements are gradually gaining acceptance. AI-driven platforms can soon enable secure digital mediation, ensuring both anonymity and emotional safety for victims.
- Technology also assists
- Early-warning systems predicting domestic abuse escalation
- Geo-mapping crime hotspots
- Digital witness protection mechanisms
Yet, ethical governance of AI remains vital. Algorithms can perpetuate bias if not trainedinclusively. Justice, after all, cannot be automated it must remain humane.
Conclusion
Victimology is more than an academic field it is a movement toward restorative and inclusive justice. Compensation schemes, legal reforms, and AI innovations symbolize progress, but empathy remains the essence of healing. A justice system that listens, compensates, and rehabilitates does not merely punish crime it restores humanity.
As India modernizes its criminal laws, victimology must evolve from theory to practice from the courtrooms to the streets, from statutes to souls. For justice, in its truest sense, is not the end of pain but the beginning of healing.
Refrences
i Mendelsohn, Victimology and Contemporary Society’s Trends (1956).
ii Jeffrey, C. R., Crime Prevention Through Environmental Design (1971).
iii Cohen & Felson, Social Change and Crime Rate Trends: A Routine Activity Approach, 44 Am.
Soc. Rev. 588 (1979).
iv Code of Criminal Procedure, 1973, §§ 357–357C.
v Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770
vi National Legal Services Authority (Victim Compensation) Scheme, 2015.
vii Probation of Offenders Act, 1958, § 5
viii Motor Vehicles Act, 1988, §§ 140–166.
ix Bharatiya Nagarik Suraksha Sanhita, 2023, § 395.
x Laxmi v. Union of India, (2014) 4 SCC 427
xi Nipun Saxena v. Union of India, (2019) 2 SCC 70
Author Bio
