Definition
Forensic Victimology is the examination of victims of violent crimes in order to provide answers to investigate and forensic queries. It entails a detailed and unbiased examination of a victim’s lifestyle, past, the sequence of events before an accident, and the exact nature of any harm or losses incurred.
Role of Forensic Evidences in Proceedings
The famous Nirbhaya case (MUKESH & ANR V. STATE (NCT OF DELHI) & ORS (2017) 6 SCC 1), involved a brutal gang rape and murder of a young woman. The court ruled that DNA as a part of forensic evidence was admissible and highlighted the importances of forensic evidence, medical examinations, and the role of victimology in criminal proceedings.
Forensic scientists are called to testify in court on similar occasions.
Several convictions have resulted from the legal admissibility of expert opinions under Section 45 of the Evidence Act of 1872.This section deals with obtaining expert views in areas such as international law, science, art, and fingerprint and handwriting identification.
The Medical Evaluation of a Victim is handled by Section 164A of the criminal procedure code.
When investigating rape or attempted rape allegations, this clause requires a victim to be examined by a licenced medical expert.
Under Section 53, the accused person is examined by a medical expert.
Digital Age Victimology
With the rise in cybercrime in India, victimology has expanded to include studying how victims are targeted online.Examining digital traces, social media behaviour and online interactions aids in the Identification of trends and the assistance of victims.
Section 45A of the Information Technology Amendment Act of 2008 extends relevance to expert views on electronic evidence as specified in Section 79A of the IT Act, 2000
Victimology in other crime scenarios
Forensic victimology is crucial for Domestic Violence cases for analysing patterns of abuse, documenting injuries and assessing victims’ psychological effects. It aids in the establishment of a timeline of abuse and the provision of evidence in legal processes.
In homicide cases, victimology investigation entails learning about the victim’s lifestyle connections, and habits.
Victimisation in India takes various forms, including social oppression, gender-based atrocities, economic exploitation, power abuse, human rights violations, organised and corporate crimes as well as natural and man-made disasters.
Aid to victims through the Legislative and Administrative Measures:
Criminal Procedure Code:
Section 357 empowers courts to order compensation to victims
Section 375A introduced by the CrPC Act,2008 requires the State Government to establish victim compensation schemes for those suffering loss or injury due to crimes.
Schemes for Relief and Rehabilitation of Victims directed by Supreme Court provide compensation for rape victims up to Rs. 2,00,000.
These provisions and schemes aim to empower victims by offering financial aid, compensatory justice and rehabilitation.
Conclusion
Even in forensic victimology, anyone can tamper with evidence by accident, thus it is critical for citizens to be aware of Forensic education and assistance in legal procedures, as the system relies on forensic evidence to pursue justice.
Done By: V. Madhumitha, 5th year B.A, LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
