Taimur Alam Khandaker :
There are two type of offence, such as, Crime and Deviation. Crime is an offence in the eye of law, but deviation is an offence in the eye of society. Crime is punishable by the appropriate authority or court constituted under provision of law, on the other hand violation of law is crime. “Law” is an order passed by the appropriate authority and deviation is breaking of custom and culture of the concerned society. The matter of deviation depends on the system of culture to culture. In many societies, some specific deviation is treated as crime and some where it is not.
A person is a victim who suffered loss, injury, damage, harm, damaged by why of physiological, natural, mental, emotional, financial cause. Definition of “Victim” is going to develop day by day by way of scientific thinking of the scholar, court of law and philosopher etc. Due to deviation a person may be affected as a victim also.
Without victim there is no crime. But without crime there may be a victim caused by act of nature, such as cyclone Sunami, Flood Covid-19 etc. There may be victim less crime. The society and state stand for procreation against victim less crime. In ancient times the victim was a person or animal to put to death to appease the supernatural being on deity. But modern thinking is that the victim is a person who experiences injury, death, assault, injustice, disease or natural disaster generally.
There are 2(two) types of victim, such as (i) primary and (ii) secondary. Victim in crime has no separate entity. As per opinion of Mendelson (1956) the offender and victim are the panel couple. According to Quinney (1972) “the victim is a social construction in the subject object relationship in the crime situation the victim may not be an individual. But a collective entity like a family, a firm, corporation a group or even a nation may be an victim. The world (earth) in a whole may be a victim by the same cause like Covid-19. A person or his family may be victim for his own cause, like suicide.
Violation of law is crime. But in our society by way of involve in crime became victim. Most of the people of Bangladesh are poor, they lives hands to month. For the cause of their livelihood they used to involve in crime and in this why they became victim of the law and justice.
Prostitution is oldest profession of the world. This profession is bad in question, in spite of that it is not crime in western countries. But in Bangladesh there is constitutional bar to lead with this profession. Article 40 of the Bangladesh constitution stated that “Subject to any restriction imposed by law, every citizen possessing such qualification, if any, as may be prescribe by law in relation to his profession, occupation trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.”
On the other hand the Article No. 18(2) of the constitution stated that “The State shall adopt effective measures to prevent prostitution and gambling.”
In this circumstances though it is not desirable, but the prostitutes are in fault to run with their profession due to restriction imposed by constitution and in such a situation the prostitute are victim of law. “Leave together” is not supported by society and in question of religion. But it is not illegal in the eye of law. In such a situation the society and legally married wife of the concurred person became the victim.
That there is a maxim that necessity does not know the law. A father when see that he can not arrange milk for his 6 month aged baby, in such situation if he used to theft milk bag from the nearest shop and if caught then as per my opinion the owner of the shop and father of the baby both are victim due to fault of state. In this situation the crime is committed by the state/society. Because of that state is responsible for safety of each and every life and as per article 32 of the constitution “No person shall be deprived of life or personal liberty same in accordance with law.”
Italian philosopher Cesare Becearia stated that “the people may be victims of arbitrary decision and excessive application deed the people may be victim of the criminal justice system and victims of legal order”. He further said that all the member of the society could be victim of law and victim of abuse of power.
Law is not always good for human kind; there are so many bad laws which enacted by the rulers for their own protection and interest, which is called “left hand of the law”. So in crime both criminal and victim are co-related, and as such both may be victim of the situation.
The relation in-between crime and victim is conceptual matter. In such situation the argument given by Wolfgang is more appropriate. He opined that “the Relationship between the offender and his victim is of great significance in crime.” In his study of homicides found that family members, relatives, close friend and acquaintance are the specific relationship between the victim and offenders both in victim participant and non-participant.
Victimology is a new concept in the criminology. There should be more study for development and focus on victimology. This is a scientific matter for which for acceptance in society. The concerned research has to be do more research on victimology. Victimology is a matter of exercise by the offender, victim and social work, police, mediator, judges and the legislature, authorities for concretion etc. The social worker and political leader should come forward to introduce and establish of victimology and solve the need of victim.
(The writer is Advocate, Appellate
Division)
