Jan 18, 2018
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Order to pay compensation under Section 357 of Code of Criminal Procedure, 1973

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Order to pay compensation under Section 357 of Code of Criminal Procedure, 1973

Code of Criminal Procedure

The basic purpose of the Criminal Procedure Code to ensure a fair trial where no ones right infringed and also not unjustifiably favoured. The basic considerations of commission were that :

  1. there should fair trial proceeding for accused person and rule of natural justice should not infringed;
  2. Efforts  made to dispose of the trial expeditiously and to avoid delay in investigation and trial which is harmful
    not only to the individuals involved but also to society;
  3. the procedure should be simple and should also ensure fair justice to weaker section of community.

Order to pay compensation (Section 357)

When a Court imposes a sentence of fine or fine form part of a sentence. The Court may, when passing judgment, order the whole or any part of the fine recovered to applied :

  1. in recovering the expenses properly incurred in the prosecution;
  2. in the payment to any person of compensation for any loss or injury caused by the offence. When in the opinion of court,  compensation recoverable by such person in a Civil Court;
  3. when any person convicted of any offence for causing death of other person or of having abetted the commission of such an offence. The compensation payable to the persons who entitled to recover damages from the person sentenced for the loss resulting to them from such death;
  4. when any person convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to stolen. Such person shall compensate any bonafide purchaser of such property for the loss of the same. If such property  restored to the possession of the person entitled thereto.

If in the case, fine imposed subject to appeal. No payment shall made before the period for making appeal expires. If an appeal presented, then before the decision of the appeal.

When a Court imposes a sentence where fine does not forms the part of it. Then the court may order the accused to pay compensation of such amount as may specified in the order. The compensation shall paid to the person who has suffered any loss or injury by reason of the act for which the accused person has so sentenced. An Appellate Court or the High Court can also pass the order under section while exercising its powers of revision. At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section

Article Categories:
Criminal law

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