Section 357B CrPC: Compensation in Addition to Fine under IPC

What was Section 357B of CrPC?

Section 357B was a victim-compensation provision contained in the Code of Criminal Procedure, 1973. Its purpose was to make clear that compensation payable by the State Government under the victim compensation scheme contemplated by Section 357A CrPC was an additional benefit.

In other words, payment of compensation under the State victim compensation scheme did not replace or reduce the statutory fine payable to the victim under the specified provisions of the Indian Penal Code.

Text of Section 357B CrPC

Meaning and Effect of Section 357B

The expression "in addition to" is central to Section 357B. It establishes that the State compensation contemplated by Section 357A and the fine payable under the relevant IPC provision operated as separate components of victim-oriented monetary relief.

Accordingly, where the statutory conditions were satisfied, compensation available under the State victim compensation scheme was not to be treated as a substitute for the fine payable to the victim under the specified IPC offence.

What is Section 357A CrPC?

Section 357A CrPC dealt with the Victim Compensation Scheme. It required every State Government, in coordination with the Central Government, to prepare a scheme for providing funds for compensation to victims or their dependants who suffered loss or injury as a result of crime and required rehabilitation.

Section 357B connected that State-funded compensation mechanism with specified IPC offences by expressly providing that such compensation was additional to the fine payable to the victim.

IPC Sections Covered by Section 357B CrPC

Immediately before the replacement of the CrPC framework by the new criminal laws, the Central provision referred to the following IPC sections:

• Section 326A IPC: dealt with voluntarily causing grievous hurt by use of acid and related means.
• Section 376AB IPC: dealt with punishment for rape of a woman under twelve years of age.
• Section 376D IPC: dealt with gang rape.
• Section 376DA IPC: dealt with gang rape of a woman under sixteen years of age.
• Section 376DB IPC: dealt with gang rape of a woman under twelve years of age.

Why Section 357B Was Important

Section 357B strengthened the victim-compensation framework by preventing State compensation under Section 357A from being regarded as the same monetary relief as the fine payable under the specified IPC provisions.

The provision therefore recognised two distinct statutory sources of financial relief: compensation payable through the State victim compensation mechanism and the fine payable to the victim under the applicable penal provision.

Legislative History of Section 357B

Section 357B was inserted into the Code of Criminal Procedure by the Criminal Law (Amendment) Act, 2013, with effect from 3 February 2013.

The provision was subsequently amended by the Criminal Law (Amendment) Act, 2018. The amendment expanded the reference to the relevant IPC offences so that the provision covered Sections 326A, 376AB, 376D, 376DA and 376DB. The substitution took effect from 21 April 2018.

State Amendment - Arunachal Pradesh

The original page also records the Arunachal Pradesh State amendment to Section 357B. The State amendment substituted the earlier reference to Sections 326A or 376D with a reference that also included Section 376DA of the Indian Penal Code.

The amendment is recorded as Arunachal Pradesh Act 3 of 2019, Section 20.

Section 357B and Victim Compensation

Section 357B should be read together with Section 357A. Section 357A created the broader victim compensation scheme, while Section 357B clarified the cumulative nature of compensation and fine for the specified offences.

This distinction was especially significant because the source and legal character of the two payments differed. State compensation arose under the victim compensation scheme, whereas the fine arose from the punishment prescribed for the relevant offence.

Position Before Implementation of BNSS

For offences and proceedings governed by the Code of Criminal Procedure, 1973 before the commencement of the Bharatiya Nagarik Suraksha Sanhita, the relevant CrPC provisions and applicable saving rules should be examined according to the facts and date of the particular case.

For current criminal procedure, readers should also refer to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Key Point