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Jandec2006.Pdf Academy Journal VOLUME 58 NO 1 VICTIMS OF CRIME - NEED FOR PRO-ACTIVE ROLE BY THE 3 FUNCTIONARIES OF CRIMINAL JUSTICE SYSTEM Bag R K, Coordinator&Joint Director West Bengal Judicial Academy DOMESTIC VIOLENCE AND LAW 6 Bhawra V K, IPS, IGP Commando, Punjab FORENSIC HYPNOSIS 10 Chander Muktesh, IPS, Addl.Commissioner of Police Crime, Delhi TRAFFICKING IN PERSONS 14 Krishna Prasad K, IPS, IGP&Director, Addl. Director, APPA OUR BELOVED C.D.I. 20 Kumar Vijay, IPS (Retd.), Former DGP SCRB, West Bengal STRESS DIMENSIONS OF POLICE FIGHTING, TERRORISM, EXTREMISM 23 AND INSURGENCY Madana Mohan Madugula, & Dr. Raghunath Reddy, D. BETWEEN ART OF LIVING AND ART OF LEAVING 33 Mahesshwari A P, IPS, IGP, CRPF, Srinagar POLICE EXPECTATIONS AND FIELD REALITIES 37 Mohan Rao P (Dr.) POLICE REFORMS 40 Muhammad Bin Mahmood, IPS (Retd.),Former Ambassador to Saudi Arabia RECONCILING POLICE ORGANISATIONAL STRUCTURE AND WORK 42 CULTURE Patel Hasmukh, IPS, SP Bhavnagar, Gujarat A&N ISLANDS POLICE: THE FIRST RESPONDERS IN CAR NICOBAR 48 Porwal Vikram Kapali, Dy.SP/South Andaman Port Blair PLEA BARGAINING 53 Singh Pankaj Kumar, IPS, DIG, CBI CORRUPTION AND DEVELOPMENT 56 Sen Sankar, IPS (Retd.), Former Director NPA & Former DG, NHRC UNIFIED POLICE SERVICES CENTRE 61 Sharraf Umesh, IPS, CP, Vijayawada, Andhra Pradesh INNOVATIVE ORGANISATIONAL INITIATIVES IN PROMOTING 67 PEOPLE’S RESPECT FOR POLICE - A CHALLENGE BEFORE POLICE LEADERSHIP Thomas K V, Assistant Director, SIB Bhopal MP VICTIMS OF CRIME - NEED FOR PRO-ACTIVE ROLE BY THE FUNCTIONARIES OF CRIMINAL JUSTICE SYSTEM R K Bag INTRODUCTION victim of natural calamity and victim of state atrocity. However, the object of Victimology is basically study of this article is to highlight the problems crime from the victim’s point of view. In faced by the victims of crime while other words, it is the science which passing through the different stages of makes victims the centre of study and the criminal justice system and the need aims at extensive understanding of the of proactive role by the functionaries victim - offender relationship, of the criminal justice system. investigates the victim’s share in crime causation, examines the ways and means GRIEVANCES OF THE VICTIMS to protect the victims before commission OF CRIME of crime, during investigation and trial The problems faced by the of the offender and also restitution and victims of crime can be summarized as reparation of the damages caused to him follows :- by perpetration of crime. The definition of “Victim” adopted by the U. N. General (i) Want of legal assistance to the Assembly resolution in November, 1985 victims of crime belonging to the on “Declaration of Basic Principles of lower strata of the society; Justice for victims of crime and Abuse (ii) Want of prompt medical assistance of Power” may include not only victim to the victims of body offences and of crime, but also victim of accidents, victims of accidents; 3 Jan - Dec 2006 (iii) Failure to get back the property of free legal aid provided in the Legal (iii) Prompt disposal of property : seized or recovered in connection Services Authority Act. 1987. with property offences by the The fact of congested malkhana police during investigation; In “Delhi Domestic Working in the police station and in the court Women’s Forum -V- Union of India” indicates that the properties seized by (iv) Inadequacy of law in allowing the {1995 SCC (Cri) 7}, the Supreme Court the police during investigation are not victim to participate in the has given instruction to the Government returned to the victims for reasons like prosecution of a criminal case for providing legal assistance to the lack of awareness on the part of the instituted on a police report; victims of sexual assault free of cost from victims of their rights or lack of initiative (v) Failure on the part of the police and the stage of giving information to the on the part of the investigating officers prosecution to keep the victims police till the conclusion of trial. This and the public prosecutors. Even when informed about the progress of the direction of the Apex Court is required the orders are passed by the court suo case; to be implemented in letter and spirit at motu for disposal of seized property on (vi) Inconvenience and humiliation of the district level at the initiative of the conclusion of trial, the order is not the victim during interrogation by District Judge in charge of the district. communicated to the respective police police, and lengthy court station by the prosecutor for proper proceedings; (ii) Prompt medical assistance to compliance. It is held by the Supreme (vii) Lack of protection when the the victims : Court in “Sunderbhai Ambalal Desai -v- victims are threatened and vilified The victims of body offences and State of Gujarat” {2003 C. Cr. L. R. 122 by the offenders who are released the victims of accidents need immediate (S.C.)} that movable properties seized on bail during investigation and medical assistance. In the case of “Pt. by the police during investigation must trial of the cases; Paramanand Katara V. Union of India be disposed of within specific time limit (viii) Violation of privacy of the (AIR 1989 S. C. 2039)” the question viz., the vehicle must be returned on victims by media in sexual arose before the Supreme Court whether some conditions within six months. The offences during investigation and every member of the medical profession prosecutor and police must be diligent trial of the cases; has the obligation to extend his services and assist the court for proper (ix) Inadequacy of law for payment of with due expertise for protecting life. In implementation of the guidelines of the compensation to the victims. this case, the doctor avoided his duty Apex Court. to help an injured scoterist on the plea (iv) Participation of the victims in SUGGESTED REMEDIES that it was a medico-legal case and prosecution : ultimately the injured succumbed to the The functionaries of the criminal injuries before getting medical The victims have no right under justice system may be sensitized to make assistance in another hospital. On the law to participate in the prosecution use of the existing provision of law and consent of all concerned the Supreme of any criminal case instituted on the to make dynamic approach for removal Court has laid down the law that basis of police report. Under the existing of the plight of the victim of crime. whenever a man of medical profession law the victim can engage an Advocate who will assist the prosecutor and who (i) Legal assistance to the victims : is approached for professional assistance, it is the obligation of each can submit the written argument on The provisions of Article-39A of member of the profession to render all conclusion of trial. The District the constitution provide for free legal help which he could do and if the case Magistrate and the state government aid and the Parliament enacted the Legal needs better assistance he must make have been authorized by way of Service Authorities Act., 1987 for all efforts to ensure that the injured amendment of Sec. 378 of Cr. P. C. to providing free legal aid to the reaches the proper specialist doctor as prefer appeal against order of acquittal downtrodden and weaker sections of the early as possible. The practice of certain passed by the court of Magistrate or the society. The victims of crime who are government institutions and private Court of Sessions respectively, and as children or women or who are members practitioners to refuse even the primary such the victims can approach the of scheduled caste or scheduled tribe medical aid to the patient and referring District Magistrate or the State or who earn less than rupees fifty them to other hospitals because it is a Government for redressal of grievances. thousand per annum, can approach medico-legal case, is violative of code (v) Information about progress of the the District Legal Services Authority of medical ethics framed U/s. 33 of the case : or the Sub-Divisional Legal Services Indian Medical Council Act. 1955. The Committee for legal assistance free of members of the medical profession must The officer-in-charge of a police costs. Public awareness is needed for be persuaded and motivated to follow station may not investigate the case proper implementation of the scheme the law laid down by the Apex Court. related to cognizable offence, if he thinks Academy Journal 4 that there is no sufficient ground for minor victims of crime in “Sakshi -v- rape by way of in-camera trial is also entering into investigation, but the duty Union of India” {2004 S. C. C. (Cri) made available to the victims of offences is cast on the said police officer U/s 1645} by holding trial of child sexual U/s 354 and U/s 377 of the I. P. C. during 157(2) of Cr.P.C. to inform the victim of abuse or rape in the following manners:- inquiry and trial as per direction of the the fact that the investigation will not Apex Court in “Sakshi -Vs- Union of be taken up. Owing to ignorance of law (a) A screen or some other India” {2004 SCC (Cri) 1645}. The or lack of sensitivity many police officers aarrangements may be made where the functionaries of the criminal justice at the level of the police station do not victim or witnesses do not see the body system must invoke the above inform the victim of the action taken by or face of the accused. provisions of law, so that the identity of the police relating to the commission of (b) The questions put in cross- the victims in general and the victims of the offence reported to the police examination on behalf of the accused, sexual offences are not disclosed in the station as per provision of sec.
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