Section 357 CrPC: Order to Pay Compensation
Section 357 of the Code of Criminal Procedure, 1973 empowered a criminal court to direct that compensation be paid to a person who suffered loss or injury because of an offence. The provision operated both where a fine formed part of the sentence and, under sub-section (3), where no fine formed part of the sentence.
Meaning and Scope of Section 357 CrPC
An order to pay compensation under Section 357 is a direction made by a criminal court at the time of judgment, or by a competent appellate or revisional court, requiring money to be applied or paid for specified compensatory purposes. The section connected sentencing with restitution by allowing compensation for loss or injury caused by the offence.
Where a fine was imposed, sub-section (1) allowed the court to apply the whole or part of the fine recovered towards prosecution expenses, compensation for loss or injury, compensation arising from death, or compensation to a bona fide purchaser in specified property offences. Sub-section (3) separately permitted compensation even where fine did not form part of the sentence.
Section 357 CrPC - Order to Pay Compensation
Sub-section (1): When a court imposes a sentence of fine, or a sentence of which fine forms a part, it may order the whole or any part of the fine recovered to be applied:
(a) towards expenses properly incurred in the prosecution;
(b) in compensating a person for loss or injury caused by the offence where, in the court's opinion, compensation is recoverable in a civil court;
(c) where a person is convicted of causing death, or abetting such an offence, in compensating persons entitled under the Fatal Accidents Act, 1855 to recover damages for the resulting loss; and
(d) in specified offences involving theft, criminal misappropriation, criminal breach of trust, cheating or stolen property, in compensating a bona fide purchaser for loss where the property is restored to the person entitled to it.
Sub-section (2): Where the fine is imposed in an appealable case, payment is deferred until the time for appeal has expired or, if an appeal is filed, until it is decided.
Sub-section (3): When a court imposes a sentence of which fine does not form a part, it may order the accused to pay a specified amount as compensation to the person who suffered loss or injury because of the act for which the accused was sentenced.
Sub-section (4): An order under Section 357 may also be made by an appellate court or by the High Court or Court of Session exercising revisional powers.
Sub-section (5): In a later civil suit concerning the same matter, the civil court must take into account any amount already paid or recovered as compensation under Section 357.
Key Legal Points
Compensation from fine and compensation without fine
Sub-section (1) concerns application of a fine that has been recovered. Sub-section (3) is wider in a different sense: it permits a direct compensation order even when fine is not part of the sentence.
Payment where an appeal is available
Sub-section (2) protects the appellate process by postponing payment out of the fine until the appeal period expires or a filed appeal is decided.
Power of appellate and revisional courts
The compensation power is not confined to the trial court. Sub-section (4) expressly extends it to appellate courts and to the High Court or Court of Session in revision.
Effect on a later civil claim
Section 357 did not make criminal compensation and civil damages wholly independent. Under sub-section (5), compensation already paid or recovered under the criminal court's order must be taken into account when compensation is later awarded in a civil suit concerning the same matter.
State Amendments to Section 357 CrPC
(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.
State amendments should be read with the relevant State amending Act and their territorial application.