LAW5807 Victimology — Unit 2: Crime Victims

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Unit 2: Crime Victims

2.1 Concept, Nature and Types of Crime Victims

A crime victim is the person who, individually or collectively, has suffered harm — physical or mental injury, emotional suffering, economic loss, or substantial impairment of rights — through acts or omissions that violate criminal law (the UN Declaration’s definition logic). Nature: the victim is (i) a party to the criminal conflict, (ii) a bearer of rights, and (iii) often the principal evidence-source — three roles the system must not confuse.

Types of crime victims (the working typology):
| Type | Description | Nepal example |
|—|—|—|
| Direct/primary victim | The person harmed | The assaulted pedestrian |
| Indirect/secondary victims | Family, dependents of the deceased/incapacitated | The homicide victim’s children |
| Vulnerable victims | Children, elderly, disabled, sick | Child sexual abuse survivor |
| Gendered victims | Victims of gender-based violence | Domestic violence survivor |
| Victims of power | Victims of state actors/abuse of power | Torture, disappearance survivors |
| Repeat victims | Victimized repeatedly (the repetition pattern) | The repeatedly abused spouse |
| Victims without borders | Cross-border victims | Trafficked persons, smuggled migrants |
| Corporate/collective victims | Communities, organizations | The defrauded depositors’ group |

2.2 National and International Laws Related to Crime Victims

National framework (Nepal)

  1. The Constitution: Article 21 — victims of crime have the right to information on investigation and proceedings, social rehabilitation, and compensation; Article 20 (justice’s guarantees — fair hearing, legal aid); Article 22 (torture’s absolute bar with compensation).
  2. The Muluki Criminal Code 2074 and the Muluki Criminal Procedure Code 2074: the victim as the case’s initiator (FIR/complaint), victim compensation through the court’s award framework, and the reconciliation (melmilap) scheme for compoundable offences.
  3. Special statutes: the Domestic Violence (Offence and Punishment) Act 2066 (protection orders, interim relief, compensation); the Human Trafficking and Transportation (Control) Act 2064 (victim rescue, rehabilitation, compensation from the offender); the Child Labour (Prohibition and Regulation) Act 2056; caste-discrimination provisions (Article 24’s constitutional bar with compensation).

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