Evolving Victimological Jurisprudence: A View from Supreme Court Cases

Bajpai, G.S. and Kaur, Ramneek. (2015-16). Evolving Victimological Jurisprudence: A View from Supreme Court Cases. JNLUD, Vol.5, p.33-52.

20 Pages Posted: 15 May 2018

See all articles by G. S. Bajpai

G. S. Bajpai

Rajiv Gandhi National University of Law (RGNUL) Punjab

Ramneek Kaur

National Law University, Delhi

Date Written: January 1, 2016

Abstract

Of late, victimology and concern for crime victims in criminal justice policies is increasingly becoming a remarkable feature. Though there are many impetuses to this development. While it is mainly the UN Declaration for Victims of Crime, 1985 and a definite policy thrust in case of many western nations, in case of India it is chiefly the Supreme Court which has addressed the plight of victims of crime. Interestingly enough, the apex court in India has been highly sensitive with regard to the concerns and problems of crime victims and therefore it has, time and again, laid down useful guidelines and suggested new approaches to mitigate the sufferings of crime victims. This activism of the Supreme Court in India assumes special significance as there was hardly any comprehensive official policy or law to extend assistance to crime victims. The study has been premised to infer that extensive case laws on crime victims has in effect laid down a solid foundation to what could be termed as ‘victimological jurisprudence’. The present study is undertaken to examine and identify the way in which the Supreme Court of India has dealt with victims and position taken on various concerns and the problems of crime victims as expressed in the judgments of the apex court in past few decades. The present study is divided into three segments. In the first part an overview of concerns and problems of crime victims in general has been taken to place the subject matter of the study in a proper context. In the second segment, specific issues of victims have been analyzed with the help of case laws. In the

Keywords: Criminology; Victimology

Suggested Citation

Bajpai, G. S. and Kaur, Ramneek, Evolving Victimological Jurisprudence: A View from Supreme Court Cases (January 1, 2016). Bajpai, G.S. and Kaur, Ramneek. (2015-16). Evolving Victimological Jurisprudence: A View from Supreme Court Cases. JNLUD, Vol.5, p.33-52., Available at SSRN: https://ssrn.com/abstract=3172721

G. S. Bajpai (Contact Author)

Rajiv Gandhi National University of Law (RGNUL) Punjab ( email )

Sidhuwal - Bhadson Road
Patiala, PA Punjab 147001
India

Ramneek Kaur

National Law University, Delhi ( email )

Sector- 14, Dwarka
Dwarka
New Delhi, Delhi 110078
India

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