Rights of Victims of Crime: Need of the Time

I. Introduction

Human Crime affects the individual victims and their families. Many crimes also cause significant loss to the victims. The effect of crime on the victims and other members of the family suffer serious physical and psychological injuries to mild disturbances.²

The word victim was first used in the sense of a person who is hurt, tortured, or killed by another. A victim of crime didn't exist until well into the 17th century. Why were victims ignored for so long?³ A victim is an integral part of the system, in fact, some say without a victim there would be no need for the criminal justice system. Victims are the people or communities that suffer physical, emotional, or financial harm as a result of a criminal offense. Over the years different typologies of victims are created to demonstrate the unique role or position of victims in reference to crime. Typically, when people hear someone has been a victim of a criminal offense we frequently consider them as completely innocent. In fact, a lot of new legislation and policy changes created to provide the victim with a greater role in criminal justice offers the stereotypical view of the victim as completely innocent.⁴

II. Meaning and definition:

Victimology

Victimology is the study of victimization, which includes the psychological, physical, and mental effects on victims, the victims and offenders relationship among each other, the interrelationship between victims and the criminal justice system which includes the police and courts, and corrections establishment and the connections between victims and other social groups and institutions, such as mass media and social movements, etc.⁵

Victim

The criminal justice system refers to a victim as a person who has been directly harmed by a crime that was committed by another person. In many states, the rights of victims apply only for more serious crimes whereas some other states grant legal rights to victims of less serious crimes. Some states allow exercising these rights on behalf of the family member of a homicide victim or the parent or guardian of a minor, incompetent person, or person with a disability to exercise these rights on behalf of the victims.⁶

Who is a victim of crime?

Any person, group, or entities who have suffered harm injury or loss due to illegal activities of others. The harm may be economic, mental, or physical. Thus a person who has suffered harm due to violation of legal code may be a victim. A person is going to be considered as a victim even when the offender isn't identified or prosecuted. The term victim also includes individuals who have suffered harm as a result of assisting victims in distress or to prevent victimization. Not only the person who suffered loss or injury is the victim, but in some cases, the near and dear of victims (family members) are also the victims.⁷

III. Concept Of Victimology

The Term Victimology was coined in the year 1947 by Benjamin Mendelson by deriving from the Latin term “victim” and the Greek term “logos” meaning science of victims. The term “Victimology,”⁸ therefore, relates to the term “victim.” The term “victim” dates back to ancient cultures and civilizations. Its original meaning was rooted in the exercise of sacrifice i.e. taking of the life of a person or animal to satisfy a duty. Over time, the word victim came to have additional meanings so as to include any person, who has suffered injury, loss, or hardship due to any act committed by a person.

The term “victim” in a legal sense can be defined as a person, who has suffered direct or indirect loss either physical mental, emotional loss due to the act of another person called the “offender.”The term “victim” was introduced in Cr.P.C 1973, by C.r.P.C (amendment) Act 2008 by introducing section 2(wa)⁹

IV. Victim classifications:

Victimology is concerned with three categories of the victim: primary victims, secondary victims, and related victims. This is because crime creates a ripple effect, counting on the severity of the offense. The following are the three main sorts of victims discussed within the study of victimology¹⁰

• Primary victims are those individuals who suffered or otherwise, are directly affected by a crime committed against them. For example, the first victim of a heist loses his or her possessions and should require therapy to cope after experiencing violence.
• Secondary victims include those who are present at the place of crime and might be injured as a result of witnessing it. They might even be the parent or guardian of the first victim. The family and friends of the victim who has been robbed would be considered as secondary victims because in that situation crime has indirectly affected them.
• Related victims are those who are dependent on the primary victim, and have a close relationship with the primary victim or are correlated to the victim in any manner. For example, the neighbors of the robbed victim would be considered as related victims if the crime that occurred was on their street.

Types of Victimization

Sexual Misconduct

Rape

Sexual Touching

Sexual Harassment

• Stalking
• Physical Assault/Battery
• Dating/Relationship/Domestic Violence
• Theft
• Threat of Harm

V. Effects of crime on victims:

To understand the reactions of victims to criminal justice, and to be able best to support victims, we'd like to understand the consequences of crime on victims. It is almost impossible to predict exactly what effects a private victim will suffer. People react very differently to similar offenses and where one person may be seriously affected, another might experience only minor or short-term effects. Those who are more vulnerable (such as people who are poor, live in deprived areas, or have other life stressors) and those who have been previously victimized are more likely to find a greater impact on them.¹¹

The effects of a crime can be felt not only by the individual whom the criminal justice system treats as the direct victim but also by their family and those close to them. Crime against businesses is additionally not an effect-free area as both managers and staff are likely to be affected. The knowledge of victimization and its shock can spread out through a neighborhood creating a ‘ripple effect’.¹²

Some effects may only be short-term. Victims tend to deal with loss (though not a day off work) quite quickly, by using their own resources, or with the assistance of friends and family. However, psychological and social effects are often very long-lasting, over months or maybe years.¹³ A small proportion of the foremost seriously affected may develop PTSD¹⁴ which will need professional psychiatric or psychological help.

A victim of a crime experience different kinds of effects in their life:

A victim of a criminal offense could experience many various sorts of effects:

Physical effects

The physical and emotional impact of crime is often devastating both for those that are harmed and for his or her families and friends. No matter what the crime or circumstances during which it had been committed, it's going to diminish the victims' sense of control and self-worth.¹⁵

Physical difficulties:

Disorientation, Confusion, Difficulty problem solving, Memory problems, Poor attention spans, Disturbed thinking, Blaming someone, Reliving the event, Distressing dreams

Emotional responses:

Fear/anxiety, Anger, Depression, Grief, Guilt, Feeling helpless, Feeling isolated, Desire to withdraw/hide

Psychological effect

Reacting to a crime is normal. The person’s own history, life situation, energy resources, and method of handling the events influence the reaction. Strong emotions are also brought on by the idea of what could have happened. For some people, an experience of crime may cause slight harm, for others, it is often a really tragic experience that results in a traumatic crisis.¹⁶

Feelings of insecurity, fear, and anxiety are common. A person suddenly ends up in a situation they did not believe would happen to them. The experience of crime may feel unreal and like a nightmare. Anxiety takes over an unnecessary amount of the mind, causes pain and a sense of worthlessness. Guilt and shame are intertwined.

It is very common that the victim feels guilty about what has happened and believes to have caused or enabled the crime the sense of shame is difficult to control. Although your mind says that what has happened is not your fault, the shame does not go away. To protect themselves from these emotions, the victim some time uses defence mechanisms. Denying the experience is one example of the psyche’s methods to ease the pain.¹⁷

The victim of the crime may suffer from depression, eating disorders, or self-destructive behaviour. Suicidal thoughts and attempts may be possible, in the same way as the use of alcohol and/or drugs. The thought of the pain easing overtime does not always bring comfort, because after a traumatic experience the person may not always have the ability to shape the future. The victim may feel powerless and isolated, during which case normal, everyday discussions aren't of any interest. The thoughts of anger, aggression, depression, and anguish may develop “poison the mind”.¹⁸

Due to the traumatic experience, the victim’s ability to think and act rationally may weaken, during which case understanding any information provided may prove harder. Procedures may be forgotten or they are remembered wrong. Behaviours may also not always be in their own interest.

Economic and Social Effects

Crime is a major part of every society. Its costs and effects touch almost everyone to a point. There are various types of costs and effects. In addition, some costs are short-term while others last a lifetime. Of course, the ultimate cost is a loss of life. Other costs in which victims can be compensated include medical facility costs, losses occur to property, and loss of income due to crime.¹⁹

Some costs of crime are less than tangible. These sorts of costs can include only pain and suffering, and degrade the standard of life. There are also traumatic impacts on friends and the disruption of family. Behaviours are often forever changed and shaped by crime, whether it's weighing the risks of getting to certain places or maybe the fear of creating new friends.

Crime not only affects economic productivity when victims miss work, but communities are also affected through loss of tourism and retail sales. Even the so-called victimless crimes of prostitution, substance abuse, and gambling have major social consequences.

VI. Victims rights:

Today, all states and therefore the federal have passed laws to determine a group of victims’ rights. The main goal of these laws is to provide victims with certain information and protections. It is important to notice that victims’ rights, a bit like criminal offenses, will depend upon the jurisdiction where the crime is investigated and prosecuted. The rights may vary state, federal or tribal government, or facility.²⁰

Overview of Victim’s Rights

The years ago, victims had few legal rights to be informed, present, and heard within the criminal justice system. Victims didn't need to be notified of court proceedings or of the arrest or release of the defendant, that they had no right to attend the trial or other proceedings, and that they had no right to form a press release to the court at sentencing or at other hearings. However, victim assistance programs were least inexistent.

However, with the emergence of the ‘adversarial system of justice’, the plight of the victims became worse and that they became forgotten people apart from their bit part within the criminal justice system as a prosecution witness. It was believed that the claim of the victim was sufficiently satisfied by the conviction and sentencing of the offender. This assumption is neither fair nor just. Justice demands that when society and therefore the State is resorting to each possible measure of correction and rehabilitation of offenders, an equal concern must be shown for the victims by at least providing compensation to them for his or her loss, agony, physical and mental torture.²¹

Since then, there are tremendous strides within the creation of legal rights and assistance programs for victims of crime. Today, the state has an extensive body of basic rights and protections for victims of crime within its statutory code. Victims’ rights statutes have significantly influenced the manner in which victims are treated within the state and under criminal justice systems.²²

It thus became important to realize knowledge about victims of crime, the struggles faced by such people in dealing with the adverse effects of a criminal act, and how could the Justice System compensate and rehabilitate such victims.

The rights of victims of crime include:

The rights to treat them with fairness, keeping in mind about their dignity, caring for his sensitivity, and paying respect to them.

The proper to attend and be a gift at criminal justice proceedings

The proper to be detected within the criminal justice method, as well as the proper to ask the attorney and submit a victim impact statement at sentencing, parole, and alternative similar proceedings.

The proper to learn of proceedings and events within the criminal justice method, as well as the discharge or escape of the wrongdoer, legal rights and remedies

The proper to protection from physical harassment and Intimidation includes spare touching, assault or gestures, or aggressive behaviour

The proper to restitution from the wrongdoer to compensate crime victims for his or her losses

The proper to privacy

The proper to use for crime victim compensation

The right to restitution from the wrongdoer

The proper to the prompt comes back of non-public property appropriated as proof whenever doable

The proper to a speedy trial and alternative proceedings free from unreasonable delay

The proper to social control of those rights and access to alternative accessible remedies

VII. Victim’s rights in india:

The Right to Attend the Criminal Justice Proceedings

This right specifically provides the victims and their families to attend the trial, sentencing, parole hearing of the offender as well as other proceedings. However, the rule does not allow the witnesses to be victims to attend the trial so as to prevent the witnesses from the influence of other witnesses while giving testimony in a case.²³ Unless the police consider it necessary the victim plays no significant role since the law in India visualizes a prosecutor appointed by the state to plead on behalf of the victim.

The right to be heard

It is one of the most important rights available to victims, which affects their interests because it is through this that the victim can play a proactive role in the criminal justice process. It is requisite before the final disposal of the case for the prosecutor to obtain the opinions of the victim and has to certify to the court that the victim has been duly consulted before the prosecutor prays for his plea to be accepted.

The right to be informed

It is necessary to notify the victims and their families about the scheduling, rescheduling, and cancellation of the criminal proceedings as well as all circumstances of such proceedings. Secondly, certain legal rights must be made known to the victims including the right to attend the proceedings, to submit a victim impact statement, sue the offender for pecuniary damages, and to receive an order from the court seeking protection of the victim from the offender or his family or associates.

THE RIGHT TO COMPENSATION

Compensatory relief to victims in India consists of mainly four areas:-

i. The Constitutional Remedies for Human Rights Violation

ii. The Criminal Procedure Code, 1973

iii. The Fatal Accidents Act, 1855

iv. The Probation of Offenders Act, 1958

v. The Motor Vehicles Act, 1988

The constitutional remedies in the form of Supreme Courts while interpreting fundamental rights or DPSPs or under Articles 32²⁴ 136²⁵& 142²⁶ when the court may direct payment of compensation to the victims of crime.

The compensation structure may include medical, counselling, and funeral expenses as well as lost wages. The victim’s family members are also entitled to compensation. However, in order to be eligible for compensation, the crime must have been reported by the victim and the victim must have cooperated in the prosecution of the case. Section 357-A²⁷ has been inserted by Cr.P.C. (Amendment) Act of 2008 (5 of 2009) provides for the ‘Victim Compensation Scheme’

The right to be protected

These protective measures may include:

(a) Police protection while escorting them to and from the court.

(b) Witness protection

(c) Relocation of address

(d) Ensuring the separation of waiting areas for the victims from that of the accused or his family members or associates during court proceedings.

(e) Denial of bail or imposition of specific conditions in case of bail release like no-contact orders for defendants who appear to be a possible threat to a specific community.

The right to restitution

It might be in the form of payment of damages or return or repair of property stolen or damaged during the crime being committed. However, restitution may not cover suffering like emotional trauma, unlike possible future losses.

The right to speedy trial

No unreasonable delay shall hinder the disposition of the case. The court however must consider the impact of delay on the victim before pronouncing the final decision.

The right to enforcement of the legal remedies

Since a country like India a victim being no party to the criminal proceedings, his legal standing must be enforced through a statute or a court ruling.

The Code of Criminal Procedure has been after its amendment in 2008 and 2013 has tried to revisit the rights of victims by following means:

Section 2(w a)²⁸ as has been already mentioned above provides for the new definition of the word ‘victim’ so as to include the guardian and legal heir within its ambit and entitle them with rights equivalent to that of the victim.

Section 24(8)²⁹ of the Code enables the victim to engage a counsel of his own choice so as to assist the public prosecutor.

Post insertion of section 26(A) the offenses under Sections 376, 376(A) to (D) of the IPC³⁰ shall be tried as far as possible by a court presided over by a female.

Amendment of section 157. - In section 157 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely Proviso 1 of Section 157³¹.
Amendment of section 173. - In section 173 of the principal Act, - (a) after sub-section (1), the following sub-section shall be inserted, namely 173 (1-A)³².

Despite all these amendments mentioned above some inadequacies still exist in the present criminal justice system regarding the protection of the victims. An example being the limited role of the victim in the criminal proceeding. After the recommendation of the Malimath Committee³³for providing with the victims of rape and of domestic violence, certain trauma counseling, proper legal aid, psychiatric and rehabilitative services yet there is a lack of a statutory scheme for fulfilling such rehabilitative needs of the victims.
Criminal justice came to grasp all about crime, the criminal, the way he's addressed, the method of proving his guilt, and therefore the ultimate punishment given to him. The civil law was supposed to take care of the monetary and other losses suffered by the victim. Victims were marginalized and therefore the State stood forth because the victim to prosecute and punish the accused. The victims don't get at the present the legal rights and protection they need to play their just role in criminal proceedings which tend to end in disinterestedness in the proceedings and consequent the action of distorting in criminal justice administration.

VIII. What more needs to be done:

For strengthening legal protection of crime victims’ rights. We all know that where legal protection is strong, victims are more aware of their rights, and participate in the criminal justice system Strong legal protection produces greater victim involvement and better experiences with the justice system. A more favourable perception towards the organs of the system—police, prosecutors, victim/ witness staff, and judges.

Because strong legal protection at the State level is associated with victim awareness, participation, and satisfaction, some have advocated a Federal constitutional amendment to protect victims’ rights. On the other hand, legal protections per se, regardless of their relative strength in State law or State constitutions, are not always enough to ensure victims’ rights.³⁴

As the study revealed, even in States where victims’ rights were protected strongly by law, many victims weren't notified about key hearings and proceedings, many weren't given the opportunity to be heard, and few received restitution. In the strong-protection States examined in this study, more than one in four victims was very dissatisfied with the criminal justice system as a whole. Several mediating factors were identified as influencing the provision of victims’ rights, beyond the strength of the statute or State constitutional amendment.

The survey of local criminal justice officials and victim service professionals revealed a lack of awareness of victims’ rights and how those rights are implemented. The level of criminal justice officials’ and knowledge of victims’ rights influence their conduct with respect to those rights. Criminal justice officials aren't likely to enforce victims’ rights laws if they're unaware they exist. They may be less likely to seek funding for services they do not know they have a duty to provide. Victims are unlikely to attempt to assert rights they do not know they have. Even when criminal justice officials know what the law requires of them, they'll not have the means to hold out their duties.³⁵

Victims’ rights can be ensured only if resources are sufficient. It can be assumed that there is a relationship between the strength of legal mandates and the provision of funding to implement those mandates. In other words, it is reasonable to assume that States with stronger legal mandates for the provision of victims’ rights tend to provide more funds for implementation than States with weaker mandates. The officials in the States with strong legal protections of victims’ rights were more likely to believe that funding was adequate. Finally, even where strong laws exist and are fully understood, and where resources are adequate, there may be a need for additional enforcement mechanisms to ensure that victims are given their rights. While some enforcement mechanisms may involve giving victims the facility to say their legal rights, others might involve procedures that better allow criminal justice agencies to watch their own compliance with victims’ rights laws.

Strengthening victim protection

In view of these considerations, the States and or the criminal justice system can take several steps, on a variety of fronts, to strengthen victim protection.³⁶

Keep victims informed, provide them with opportunities for input, and consider that input carefully for, because the study revealed, informed victims, and people who thought their input had influenced criminal justice decisions, and criminal justice system.

Make changes to make sure that restitution is ordered, monitored, paid, and received.³⁷

Offer criminal justice officials and crime victim’s additional education about victims’ rights and their legal mandates.

Take steps to seek and ensure adequate funding for victims’ services and the implementation of victims’ rights.

Institute mechanisms to monitor the provision of victims’ rights by criminal justice officials whose duty is to implement the law, and provide a means by which victims who are denied their rights can enforce those rights.³⁸

IX. Suggestions & conclusion:

Though the criminal justice system has modified its compass and also the legislatures and judges are enjoying a major role within the enlargement of the rights of victims of crime within the criminal justice administration of the country, nevertheless, the victims haven't received their due concern and their rights haven't been given their due weightage. Victims have few legal rights to be told, present, and detected inside the criminal justice system. however sadly, victims don't ought to be notified of court proceedings or of the arrest or unharness of the suspect, they need no right to attend the trial or alternative proceedings, and that they haven't any right to create an announcement to the court at sentencing or at alternative hearings. Moreover, the victim help programs square measure nearly non-existent.

The courts should also seek victim approval of the sentence with the goal of improving victim satisfaction with their involvement in the justice process. Seeking victim approval in sentencing is a way for the system to recognize that beyond the role of the state, which is impersonal, there is an individual who has a personal interest in sentencing, was directly affected by the crime, and wants to be heard. They should also be adequately compensated and restituted.Criminal justice officials especially the police personnel should be given special knowledge and information on the rights of the victims in the criminal justice system. There should be a separate fund for victims’ services and their rehabilitation.

The entire criminal system functions primarily and considerably to supply justice to the victim. Giving the victims and witnesses a voice to testify in court without worrying, participate within the court proceedings, and have their rights and interests protected is of utmost importance for the legitimacy of the justice delivery system. Moreover, the contemporary understanding of justice essentially includes accessibility to courts of law. Unless the judicatory is accessible to those who demand justice, the system would exist solely in name only and not in substance. Gratuitous to mention, victims and witnesses would be amenable to accessing the system and provides truthful testimonies provided that the system warranted protection of their and their families’ privacy, security, identity, and dignity.

Many a time the victims get ostracized and blamed for the misfortune they face. It is easier for the people to blame a helpless and shattered victim rather than hate the criminal or the offender. It’s the society’s attitude towards victims of crime that the people usually blame the victim and don’t have empathy for them. The criminal or the offender doesn’t face such ostracization and he/she gets mingled in the society without any problem. Had the law been powerful on the criminals and took care of the rights of victims of crime, matters would are a lot of totally different. The whole criminal justice system is a bad person homeward-bound.

The legislature, the executive, and even many times the judiciary are concerned with the rights of the accused or the criminal. Hence, a strong message regarding victims’ rights is not forwarded to the people by them, and therefore, society does not feel sympathy for the distressed victims. At last, there is a need to revisit rights of Victims which are being provided to them in the criminal justice system or is there any need for change in them, so that they can make their life better after being victimized and stand with fairness, dignity, sensitivity, and respect in the society.

*****

Footnotes

1. Author is an Assistant Professor at Department of Law, Himachal Pradesh University, India.

2. Available at: https://www.unafei.or.jp/publications/pdf/RS_No81/No81_11VE_Chockalingam.pdf. (last visited on April 20^th 2020). ↩

3. Hagemann, O., Schäfer, P., & Schmidt, S. (Eds.) (2010). Victimology, Victim Assistance, and Criminal Justice: Perspectives Shared by International Experts Wemmers, J. A short history of victimology. At the Inter-University Centre of Dubrovnik. 2010. ↩

4. Fuller, J.R. (2019). Introduction to Criminal Justice: New York: Oxford University Press. ↩

5. Andrew Karmen, 2003, Crime victim: An Introduction to victimology, Wadsworth Publishing. ↩

6. The National Centre for Victims of Crime. (2012). Victim's rights. http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victims%27-rights. ↩

7. Available at: https://blog.ipleaders.in/compensation-victim-crime-india/ (last visited on April 20^th 2020) ↩

8. Available at: https://shodhganga.inflibnet.ac.in/bitstream/10603/132448/10/10_chapter%202.pdf (last visited on April 23^rd 2020) ↩

9. The Code of Criminal Procedure(Amendment) Act,2008, s. 2(wa) “victim” means a person, who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir. ↩

10. Available at: https://online.wvstateu.edu/news/criminal-justice/victimology/(last visited on April 24^th 2020) ↩

11. Available at : https://www.futurelearn.com/courses/crime-justice-society/0/steps/10821 (last visited on April 24^th 2020) ↩

12. Ibid. ↩

13. Ibid. ↩

14. Post-traumatic stress disorder ↩

15. Available at : https://www.voc.sa.gov.au/effects-crime (last visited on April 24^th 2020) ↩

16. Available at: https://www.riku.fi/en/various-crimes/frequently-asked-questions/what-kind-of-psychological-and-social-consequences-can-the-crime-cause-the-victim-of-crime/(last visited on April 28^th 2020). ↩

17. Ibid. ↩

18. Ibid. ↩

19. Available at: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/economic-and-social-effects-crime (last visited on April 30^th 2020). ↩

20. Supra note 5. ↩

21. Randhawa, Gurpreet Singh, Victimology and Compensatory Jurisprudence, 1^st Ed., Central Law Publications, Allahabad, 2011, p. 123 ↩

22. Available at: https://victimlaw.org/victimlaw/pages/victimsRight.jsp( last visited on April 30^th 2020) ↩

23. Available at: http://www.droitpenaleiljcc.in/PDF/V1I1/9.pdf (last visited on May 2^nd 2020). ↩

24. The Constitution of India, art.32, “ Right to move the Supreme Court for the Enforcement of Fundamental rights” ↩

25. The Constitution of India, art.136 (1), “ Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India”. ↩

26. The Constitution of India, art.142(1), “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”. ↩

27. The Code of Criminal Procedure (Amendment) Act, 2008, s.357A. “ (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1). (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation . (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.". ↩

28. Supra note 8. ↩

29. The Code of Criminal Procedure, 1973. s. 24(8), in The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor. ↩

30. Section 376 of the Indian Penal Code deals with punishment for rape while Sections 376 (A) to (D) deal with other sexual offences ↩

31. The Code of Criminal Procedure (Amendment) Act, 2008.s.proviso 1of 157, “Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.''. ↩

32. The Code of Criminal Procedure (Amendment) Act, 2008. s.173(1A), “The investigation in relation to rape of a child may be completed within three months from the date on which the information was recorded by the officer in charge of the police station ↩

33. Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs,volume-1 ↩

34. Available at: https://www.ncjrs.gov/pdffiles/173839.pdf (last visited on May 10^th 2020) ↩

35. Ibid. ↩

36. R.C. Davis, A. J. Lurigio, and W.G. Skogan, eds., Victims of Crime (second edition), Thousand Oaks, California: Sage, 1997. ↩

37. B.E. Smith and S. W. Hillenbrand, in R.C. Davis, A. J. Lurigio, and W.G. Skogan, eds., Victims of Crime. ↩

38. New Directions from the Field: Victims’ Rights and Services for the 21st Century, Washington, D.C.: U.S. Department of Justice, Office for Victims of Crime, 1998. ↩