What is Order to pay compensation? Section 357 of Code of Criminal Procedure 1973

Order to pay compensation is defined under Section 357 of CRPC 1973. Provision under this section is:

 

Section 357 of CRPC "Order to pay compensation"

 (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied:-

(a) in defraying the expenses of properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death;

 

 

 

 

(d) when any person is 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 be stolen, in compensating any bona fide purchaser of such property is restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person as been so sentenced.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

(5) 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.

STATE AMENDMENTS

Andhra Pradesh: (I) in sub-sec. (1), after the words "the Court may", Insert the expression "and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in Clauses (24) and (25) of Article 366 of the Constitution of India except when both the accused person and the person, against whom an offence is committed belong either to such castes or tribes, the Court shall" ; and

(ii) for sub-sec. (3), substitute the following, namely,--

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in Clauses (24) of Article 366 of the Constitution of India, the Court shall, when passing judgment order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced:

Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes". A P Act 21 of 1993, w.e.f. 3-9-1993.

Bihar:- insert the following proviso: After sub-section (1).

"Provided that the person against whom an offence is committed belongs to Scheduled Castes and to Scheduled Tribes as defined under clauses (24) and (25) to Article 366 of the constitution, the court shall, at the time of judgment, pass order that the entire amount of fine realised or any part of it will be utilised for the benefit of such person by way of compensation" ? Bihar Act 9 of 1985, w.e.f., 13-8-1985.

Karnataka:- (1) In sub-section (1), after the words "the Court may", the brackets, the figures and words " and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clause (24) and (25) of Article 366 of the Constitution and the accused person does not belong to a Scheduled Caste or a Scheduled Tribe, the Court shall" shall be inserted.

(2) Substitute the following for sub-section (3).

"(3) When a Court imposes a sentence, of which the fine does not form a part, the court may, and where a person against whom an offence is committed belongs to Scheduled Caste or Scheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the accused person does not belong to a Scheduled Caste or Scheduled Tribe, the Court shall, when passing judgment, order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced". Karnataka Act 27 of 1987, w.e.f. 13-8-1987.

Madhya Pradesh:- (a) In sub-section (1) for the words "(1) when a Court imposes a sentence of fine of a sentence (including a sentence of death) or which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied", the words "(1) when a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of Article 366 of the Constitution except when both the accused person and the person against whom an offence is committed belongs either to such Caste or Tribes, the Court shall, when passing judgment, order the whole or any part of the fine recovered to be applied", shall be substituted; and

(b) For sub-sec. (3), the following shall be substituted,

"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Caste or Scheduled Tribes as defined in clause (24) and (25) of Article 366 of the Constitution, the Court shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced:

Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes" - M.P.Act No. 29 of 1978, w.e.f. 5-10-1978.

Rajasthan - In Section 357,-

(i) in sub-section (1), between the expression "the Court may", and the expression "When passing judgment" insert the expression "and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court shall", and

(ii) in sub-section (3) between the expression "the Court may", and the expression "when passing judgment" insert the expression "and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court shall" - Rajasthan Act 3 of 1993.

Uttar Pradesh :- (a) in sub-section (1), after clause (d) insert the following proviso, namely:-

"Provided that if a person who may receive compensation under clauses (b), (c) and (d) is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes, the Court shall order the whole or any part of the fine recovered to be applied in payment of such compensation".

(b) for sub-section (3) substitute the following sub-section, namely,

"(3) When the Court imposes a sentence, of which fine does not form a part, the Court may, and where the person who has suffered the loss or injury is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes the Court shall, when passing judgment, order the person sentenced to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the person has been so sentenced".

(c) after sub-section (5) insert the following Explanation, namely,-

"Explanation:- For the purposes of, this section expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses (24) (25) of Article 366 of the Constitution" - U.P.Act 17 of 1992.

West Bengal :- (a) in sub-section (1), for the words "When a Court imposes a sentence of fine or a sentence (including sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the recovered to be applied", the words "When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, except when both the accused per and the person against whom an offence has been committed belongs either to Scheduled Castes or to Scheduled Tribes, shall, when passing judgment order the whole or any part of the fine recovered be applied"- shall be substituted.

(b) for sub-section (3), substitute the following sub-section

"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where the person against whom an offence has been committed belongs to Scheduled Caste or Scheduled Tribes shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may specified in the order to the person who has suffered any loss injury by reason of the act for which the accused person has been so sentenced:

Provided that the Court may not order the accused per to pay by way of compensation, any amount if both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes"; and

(c) the following Explanation shall be inserted after sub-section (5);

"Explanation:- For the purposes of this section, expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution of India" - W.B.Act of 1985.

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