by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
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The Indian <strong>Police</strong> Journal<strong>and</strong> resocialisation through probation, parole <strong>and</strong> aftercare communityservices. The victim <strong>of</strong> crime, on the other h<strong>and</strong>, remains more or lessa neglected lot throughout this process.the Cr.P.C. (Amendment) Act, 2008, which states that ‘victim’ meansa person who has suffered any loss or injury caused <strong>by</strong> reason <strong>of</strong> theact or omission for which the accused person has been charged <strong>and</strong>includes his/her guardian or legal heir.The U.N. General Assembly Declaration <strong>of</strong> ‘Basic Principles <strong>of</strong> Justicefor Victims <strong>and</strong> Abuse <strong>of</strong> Power’ which was adopted in NovemberArticles 1 <strong>and</strong> 2 which read as follows:"Article 1. (Victim means who individually or collectively, havesuffered harm, including physical or mental injury, emotional suffering,economic loss or substantial impairment <strong>of</strong> their fundamental rights,through acts or omissions that are in violation <strong>of</strong> Criminal Lawsoperative within Member-States, including those laws proscribingcriminal abuse <strong>of</strong> power.Article 2. A person may be considered a victim under this Declaration, prosecuted or convicted <strong>and</strong> regardless <strong>of</strong> the familial relationshipbetween the perpetrator <strong>and</strong> the victim. The term ‘victim’ alsoincludes, where appropriate, the immediate family or the dependents<strong>of</strong> the victim <strong>and</strong> persons, who have suffered harm in intervening toassist victims in distress or to prevent victimisation."The term ‘compensation’ with reference to victims <strong>of</strong> crime denotessomething given in recompense, i.e. equivalent rendered. The purpose<strong>of</strong> compensation is obviously to make good the loss sustained <strong>by</strong> thevictim or legal representatives <strong>of</strong> the deceased. Generally, it refers tomonetary compensation, which is calculated in terms <strong>of</strong> pecuniaryloss as also the non-pecuniary loss.Evolution <strong>of</strong> Concept <strong>of</strong> Compensation to Victims <strong>of</strong> CrimeThe evolution <strong>of</strong> the compensatory relief to victims <strong>of</strong> crime can betraced, both historically <strong>and</strong> theoretically. Historically, the concept <strong>of</strong>Victimology in a crude sense was not only part <strong>of</strong> Hammurabi’s Code,January - March, 201343
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