Provision of Criminal Justice & Victimlogy – in Indian

Topic:- Provision of Criminal Justice & Victimlogy – in Indian context !! 3/2/13

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It Is a Myth to think about Crimeless !!!of  1.Society Concept Crime- it derived from the latin word “Krimos” – Accuse Crime is in actual fact concern with the Communal Order because behind Crime there is Social Interest Acc. to Salmond “Law is the Rule of  Action (means Regulate the Conduct of  Peron in the Society) And the conduct which are prohibited by law in force at a given time & place that is i s known as a Crime . (two maxims come up that is

RIGHT IN REM & RIGHT IN PERSONAM). 3/2/13

It is the system of practice used by national or local Govt. direct for maintaining the social control, & sanction those who violate law with criminal penalties. So, criminal justice system has the fundamental

universal values at the national, internationa i nternationall level.

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For this we can say that- every Attorneys have an obligation towards their clients, profession, and for justice itself to grant Justice Ju stice for all who seek it & justice is a reality for all who come before the criminal justice system.

Article 22 of the Constitution as well as the object of  the criminal law guaranteed that every arrested person enjoy the following Fundamental Right:1. Inform the person for which offence he has being arrested. 2. The Right to present before Magistrate with in 24 hours. 3. The Right not to be ill-treated or tortured during arrest or in the custody. 4. In last the confession which was taken in the police custody not be used used as a evidence. evidence. Many other guidance which given by the SC in the case of “D.K Basu” & by the Justice Malimatha committed must be followed. 3/2/13

Main object of criminal

1.  justice:formulate, that law which improve the association and cooperation within the criminal justice system.

2. Develop comprehensive & accurate information to improve our knowledge of how the criminal justice system operates.

3. Ascertain a framework for developing a planned criminal justice and addressing emerging criminal  justice issues.

4. Assist in the development of policies that endorse a more valuable state criminal justice scheme.

5. Manage 3/2/13

criminal justice agency

Constitutional Aspect :All people are created equal but they are endowed by their CREATOR with certain immutable rights like the right to life, liberty, and the pursuit of happiness & these power is inherent in the People; and that all free governments are, and of  right ought to be, founded on their authority, and instituted for their peace, safety, and well-being. That means victim also acquire some right & the violation of victims right considered as a violation of Human Right as well as the violation of criminal justice. 3/2/13

in every minute five new violent crimes and 20 property crimes were reported to law. And no one is spared from the t he shocking effects of crime. And more than 2/3 crimes reported related to sexual assaults that’s way it is the need of time to develop diff. Principle, in this regard the main principle Victimlogy & Criminology!!!!

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Meaning of Criminology :It is a branch of Cri. Science which deal with nature, extent, causes, and control of criminal behavior of individual and society.

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VICTIMOL OGY  Victimology is the scientific study of  victimization, including the relationships between victims and offenders, victims and the criminal justice system, and victims and other social groups and institutions, such as the media, businesses, and social Victimology as an academic movements. term contains two elements: • One is the Latin word “Victima” which translates into “victim”. • The other is the Greek word “logos” which means a system of knowledge, the direction of  something abstract, the 3/2/13

(i)Victim:- Acc. to ICC-

A person who has suffered

direct, or threatened, physical, emotional or pecuniary harm as a result of the commission of a crime.

(ii) Crime Victims:- generally refers to any person, group, or entity who has suffered injury or loss due to illegal activity. The harm can be physical, or economic. So, victim of  crime is forgotten men of criminal justice system.

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Origin of VictimlogyMendelsohn (1947) known as the Father of “victimology” & he firstly introduce that victimology is a science & parallel to the criminology & in this victim need to be treated with compensassion under the criminal justice.

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Now, the question arise that – Why or what are the reason behind the concept of Victim logy?

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The Basic Principles behind the concept of  Victimlogy are:1. Access to  justice and fair treatment; 2. Restitution; 3. Compensation; at this moment, one fact and arise that where there is 4. Assistance. obligation there is right

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also, & in the criminal  justice system the question related to the of safety of victims play

Basic Rights of victim:-

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 The right to privacy  The right to be heard at sentencing  The right to be informed and  The right to a speedy resolution of their case  The right to be free from threats and  The right to restitution for their losses  The right to notice of all important criminal justice proceedings  The right to be present in the courtroom for all important hearings  The right to be treated treated

In the Legal Right of the Victim- mainly two rights are included

1. Compensation to the victims of crime -

Sec 357 CrPC - Order to pay compensation Sec 357(A) Right to Appeal (Amend.in the yr.2008) Sec 358 CrPC Compensation to persons groundlessly arrested. Sec 359 CrPC - Order to pay costs in non-cognizable cases. Sec 140 -142 of Motor Vehicle Act 3/2/13

2. To prevent torture of persons under interrogation.

Sec 330 & 331 I P C Sec 162, 163, 172 & 173 CrPC Sec 24, 25 & 26 IEA

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Conclude :Today the issue of victim's rights heavily debated topic in our society. Through my walk of life , it seems nearly impossible for anyone to not support of these type of issue. A large majority of person support the victim’s rights. Some examples of victim's rights include; the right to be treated fairly, the right to request that their identity be kept from the public, and the right to be notified of a plea negotiation and the progression of a case. 3/2/13

"We may never be strong enough to be entirely nonviolent in thought, word, and deed. But we must keep nonviolence as our goal and make strong progress towards it. So at the end I would like to conclude by saying Hate the Crime, not to Victims !!!!!

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