Monday 7 October 2013

Rights of victims

A victim of crime is any person, who, whether individually or collectively, has suffered any harm, whether physical, mental, emotional through acts or omissions of criminal law. A victim of a crime suffers loss which may be to his body, property or reputation or to his fundamental rights. A victim of a crime may also be subjected to subsequent abuse of power by the law enforcement agencies or also threats by the powerful culprits.
The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power defined the meaning of the term 'victims' and also laid down various guidelines for providing assistance, guidance and help. The declaration stated that victims should be treated with compassion and provided with necessary guidance and counselling. It also laid down provisions regarding fair access to justice and providing compensation and restitution to the victims.
Rights of victims:
(1) right to fair access to justice
A victim has a right to free access to justice. He has a right to have his complaints registered and proper action be taken on them. He has a right to know the time and place of hearings. He has a right to be a witness. He also has a right to protection from threats and be provided with safeguard to him and his family from potential dangers from powerful antagonists. The safety of his witnesses should also be ensured.
(2) right to compensation
A victim has a right to be compensated for the loss suffered by him and his family. Section 357 CrPC provides for compensation to the victim from the person convicted for the offence that lead to the damage. Section 5 of the Pribation of Offenders Act, 1958, also provides for compensation to the victims of crime. Under Article 300 of the Constitution of India, compensation is also provided to the victims of tortious acts by the employees if the State. Nilabati Behera, Saheli, Chandrima Das, etc are important cases decided by the Supreme Court where compensation was given.
(3) right to restitution
Restitution means to restore back. A victim has a right to get his damaged property restored to its oiginal state or else replaced where restoration or return is not possible.
(4) right to assisance
A victim of crime needs to be treated with compassion. He may be provided with necessary medical, psycological or emotional counselling to restore his self worth. He may be provided with necessary assistance for rehabilitation.
Thus, a victim of crime has been provided with a number of rights both under the national and international laws to help him get justice and also to restore his physical and material condition. He is provided with necessary assistance for rehabilitation and also to restore his dignity.

Thursday 3 October 2013

Theories of crime causation

Since the early times sociologists have tried to find the reason behind certain acts that are revolting to the human sensibilities, acts that are crimes or deviances. Earlier society attributed crimes to evil spirits that come and take over the control of a man's mental faculties. Lead by religious superstitions, the early society sought the help of godmen and rituals to cleanse a person from his evil tendencies. As the civilization progressed slowly sociologists tried to relate crime with the personality of the offender. A number of theories were put forward to define crime as well as criminal liabilities. The various theories of crime causation are as follows.

(1) biological theory
Cesare Lombrosso was the first person who tried to separate crime and its causes from religious superstitions. He believed that criminals are born with criminal tendencies and have certain physical features that are different from normal individuals. He measured the sizes of heads of prisoners and noted that criminals have certain 'abnormal' features that meke them feel inferior and thus are helpful in identifying as to which individuals are likely to commit crimes. However, this theory had the drawback that it did not take into consideration a person's psychology.

(2) psychological theory
The psychological theories rested criminal liability on the mental elements, the presence of motive to commit a crime. They took into consideration the criminal's psychology and mental capacity in placing criminal liability upon him.
Sigmund Freud gave his theory of a man's conscience being comprised of three parts, id, ego and superego, with id being identical to the inherent sub-conscious selfish desires of man. Ego is that part of a person's psychology that develops as a baby grows up and undestands his needs while superego develops from control that he experiences from his contact with his parents and primary caregivers. A person whose id is more pronounced than his superego has greater tendency of committing crime while one whose superego is more dominant turns out to be shy and introvert. A person may have a weak superego if he comes from broken families, is an orphan or whose parents are also criminals. A balance between the id and superego is essential for maintaining a normal, healthy life.
The question of criminal liability of a lunatic person was dealt up in M'Naughten's case and it was observed that a person who is normally lunatic but occassionally normal will be held liable for acts committed during his lucid interval. Whereas a person who is generally normal and occassionally lunatic will be exempted from liability for acts committed at the time when he could not be able to understand the nature of his acts. The criminal liability depends upon the mental condition of a person at the time of commission of the crime. If a person was capable of judging the nature and consequences of his act, then he will be deemed liable for the same.

(3) sociological theory
By his theory of Differential Association, Sutherland pointed out that criminal behaviour is not inherent but learnt from contact with criminals. He pointed out the impact depends upon the duration and intensity of such contact, who is the person influencing the psychology. According to this theory, a person can acquire criminal tendencies from contact with wrong individuals in the same manner as a person can learn good habits from living with virtuous individuals. 

(4) economic theory
William Bonger and Karl Marx were of the opinion that crime rate is directly proportional to the poverty levels in the society. They were of the opinion that crimes are committed by the poor because if the economic disparity in the society. They blamed the capitalistic society for increasing the economic gap as well as crimes. However, this theory failed to explain the rising crimes in socialistic countries and also economic offences like white collar crimes.

(5) multiple causation theory
According to the multiple causation theory, no one reason can be given for criminal tendencies. It stated that a medley of a variety of factors such as motility, economic, biological, psychological, social contact, conditions of living, family background, politics, religion, geographical conditions, together lead to criminal behaviour.