Who is Victim?

Spread the love

The victim is the person who suffers physical, material or moral damage as a result of the offender. The victim is also a close relative of the person who sustains a fatal injury. Thus, in the event of murder, the victims are the dependents of the deceased in addition to the deceased. Sometimes the victim may not be a specific person but a family, a body corporate, a group of people, or society as a whole.

Victim means a person who suffers bodily, mental, reputation or property injury or loss. The cause of the injury or loss can be anything. If the cause of the injury or loss is a crime, the person who sustains such injury or loss is the victim of a crime.

According to Dr. Kunal Saha vs State of West Bengal, a petitioner is a person whose wife died due to medical negligence proven by the respondent doctor is a victim within the meaning of the Code of Criminal Procedure.

In the administration of criminal justice, emphasis has been placed on including the criminal, but little attention has been paid to the issues of victims. With the growing emphasis on separation from victims, victimology has developed as a new branch of criminology that deals with the victim-offender relationship, societal, administrative, legislative and judicial response, and measures. legal restitution, compensation and rehabilitation of victims.

According to Mendelsohn, there are following kinds of victims:-

  • Completely innocent victims e.g. infants and children without realizing what is being done to them.
  • Victims with minor guilt eg. the pregnant women going to quacks  for abortion and dying at their hands.
  • Victims guilty equal to the offender e.g. in sexual relations.
  • Victims more guilty than offenders e.g. those who encourage the crime against themselves.
  • The most guilty types of crimes e.g. rapists who commit the crime and are injured or killed by the victim acting in the self-defense.
  • Simulate or pretend victims, eg. paranoid, hysterical and senile people giving evidence in Court to ensure the connection of the accused.

According to Walter Reckless, the victims are of following kinds: –

  • Reporting victims: – It is the victims who are ready to denounce the crimes of which they are victims.
  • Non-reporting victims: – These are victims who are unwilling to report crimes for fear of reprisal or social consequences.

According to Fattah, victims are of following kinds:-

  • Participating Victim
  • Non-Participating Victim
  • Provocation Victim
  • Latent Victim
  • False Victim

According to Wolfgang, there are the following types of victims: –

  • Personal or individual victims
  • Impersonal victims, for example a thief in a department store or a person traveling without a ticket on a road bus.
  • Tertiary victims affecting the public or the administration
  • Mutual victims, eg. adulterous sex.
  • Victim not immediately recognizable.

According to Von Hentig, there are the following types of victims: –

  • Victims whose injury may be the price of greater gain.
  • Victims that lead to detrimental results.
  • Victims who provoke or incite opponents by challenging them to commit the crime against them and opponents accept the challenge and attack the victims and kill them.
  • Victims who desire injuries.