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Topic:- Provisionof Criminal Justice

& Victimlogy inIndian context !!

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1. Concept ofCrime-

It Is a Myth to think about CrimelessSociety !!!

it derived from the latin word

Krimos Accuse

Crime is in actual fact concern with theCommunal Orderbecause behind Crime there is SocialInterest

Acc. to Salmond Law is the Rule ofAction (means Regulate the Conduct ofPeron in the Society) And the conductwhich are prohibited by law in force at a

given time & place that is known as aCrime . (two maxims come up that isRIGHT IN REM & RIGHT INPERSONAM).

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It is the system of practice

used by national or localGovt. direct for maintainingthe social control, &sanction those who violatelaw with criminal penalties.So, criminal justice system

has the fundamentaluniversal values at thenational, internationallevel.

Criminal Justice:-

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Article 22 of the Constitution as well as the object ofthe criminal law guaranteed that every arrested

person enjoy the following Fundamental Right:-1. Inform the person for which offence he has beingarrested.2. The Right to present before Magistrate with in 24hours.

3. The Right not to be ill-treated or tortured duringarrest or in the custody.4. In last the confession which was taken in the

police custody not be used as a evidence.Many other guidance which given by the SC in the

case of D.K Basu & by the Justice Malimatha

committed must be followed.

For this we can say that- every Attorneys havean obligation towards their clients, profession,and for justice itself to grant Justice for all who

seek it & justice is a reality for all who comebefore the criminal justice system.

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1. formulate, that law which improvethe association and cooperation within

the criminal justice system.2. Developcomprehensive & accurate

information to improve our knowledgeof how the criminal justice system

operates.3. Ascertaina framework for

developing a planned criminal justiceand addressing emerging criminal

justice issues.4. Assist in the development of policies

that endorse a more valuable statecriminal justice scheme.

5. Managecriminal justice agency

Main object of criminaljustice:-

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ConstitutionalAspect :-

All people are created equal but they areendowed by their CREATOR with certainimmutable 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 ofright ought to be, founded on theirauthority, and instituted for their peace,safety, and well-being. That meansvictim also acquire some right & theviolation of victims right considered as aviolation of Human Right as well as theviolation of criminal justice.

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in every minute five new violent crimes

and 20 property crimes were reported tolaw. And no one is spared from theshocking effects of crime. And more than2/3 crimes reported related to sexual

assaults thats way it is the need of time todevelop diff. Principle, in this regard themain principle Victimlogy &Criminology!!!!

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Meaning of Criminology :-It is a branch of Cri. Science which deal withnature, extent, causes, and control of criminalbehavior of individual and society.

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VICTIMOLOGYVictimology is the scientific study of

victimization, including the relationshipsbetween victims and offenders, victims andthe criminal justice system, and victims andother social groups and institutions, such as

the media, businesses, and socialmovements.Victimology as an academic

term contains two elements: One is the Latin word

Victima which translates intovictim. The other is the Greek wordlogos which means a systemof knowledge, the direction of

something abstract, the

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(i)Victim:- Acc. to ICC- A person who has suffereddirect, or threatened, physical, emotional or pecuniary harmas a result ofthe commission of a crime.

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

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Origin of Victimlogy-Mendelsohn (1947) known

as the Father of victimology &he firstly introduce thatvictimology is a science & parallel tothe criminology & in this victim need

to be treated with compensassionunder the criminal justice.

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Now, the question arisethat Why or what arethe reason behind the

concept of Victim logy?

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The BasicPrinciples behindthe concept of

Victimlogy are:-1. Access to

justice and fair

treatment;2. Restitution;3. Compensation;and4. Assistance.

at this moment, one fact

arise that where there isobligation there is rightalso, & in the criminaljustice system thequestion related to the

of safety of victims play

i i h f i i

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The right to privacyThe right to be heard at

sentencingThe right to be informed andThe right to a speedyresolution of their case

The right to be free from

threats andThe right to restitution for

their lossesThe right to notice of all

important criminal justiceproceedingsThe right to be present in the

courtroom for all importanthearings

The right to be treated

Basic Rights of victim:-

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In the Legal Right of the Victim- mainly tworights are included

1. Compensation to the

victims of crime-Sec 357 CrPC- Order topay compensationSec 357(A) Right to Appeal(Amend.in the yr.2008)Sec 358 CrPC-Compensation to personsgroundlessly arrested.Sec 359 CrPC- Order to pay

costs in non-cognizablecases.Sec 140 -142 of MotorVehicle Act

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2. To prevent torture

of persons underinterrogation.

Sec 330 & 331 I P C

Sec 162, 163, 172 & 173CrPCSec 24, 25 & 26 IEA

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Today the issue of victim's rightsheavily debated topic in our society.Through my walk of life , it seemsnearly impossible for anyone to not

support of these type of issue. A largemajority of person support the victimsrights. Some examples of victim'srights include; the right to be treated

fairly, the right to request that theiridentity be kept from the public, andthe right to be notified of a pleanegotiation and the progression of a

case.

Conclude:-

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"We may never be strong enough tobe entirely nonviolent in thought,word, and deed. But we must keep

nonviolence as our goal and makestrong progress towards it.So at the end I would like to concludeby saying Hate the Crime, not to

Victims !!!!!

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