HomeSectionsSection 357: Order to...

Section 357: 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 for the loss of the same if 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 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 has 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.

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of...

- A word from our sponsors -

Read Now

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural law that outlines the process for the investigation and trial of criminal offenses in India. It is a comprehensive legislation that covers all aspects of criminal proceedings from the point of registration of a criminal case till...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and responsibilities of several functionaries in the criminal justice system. Main functionaries under the CrPC Police: The police are responsible for investigating criminal cases, collecting evidence, and arresting accused persons. They also have the power to file chargesheets...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of criminal courts, with the Supreme Court at the top and the lower courts at the bottom. Criminal Courts Established under the Constitution are as follows: Supreme Court of India: The Supreme Court of India is the highest...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of powers that are vested in the courts in criminal cases. Powers of the Courts under the CrPC Power to take cognizance: The courts have the power to take cognizance of criminal offences and to initiate criminal proceedings...

Powers of Superior Officer of Police

Under the Code of Criminal Procedure (CrPC), the Superior Officer of Police (usually a Superintendent of Police or above) has certain powers related to the investigation of criminal cases. Powers of the Superior Officer of Police Power to supervise investigation: The Superior Officer of Police has the power...

Meaning and Purpose of Arrest

Meaning of Arrest Arrest is the process of taking a person into custody, with the intention of bringing them before a court to face criminal charges. The Code of Criminal Procedure (CrPC) in India lays down the procedure for the arrest of an individual suspected of having committed...

Arrest With and Without Warrant

Arrest under the Code of Criminal Procedure (CrPC) in India can be made with or without a warrant, depending on the circumstances of the case. Arrest with Warrant Arrest with a warrant is made on the basis of a written order issued by a magistrate or a court. The...

Arrest by a Private Person

Under the Code of Criminal Procedure (CrPC), private persons are allowed to make arrests under certain circumstances. However, the power to arrest by a private person is limited and must be exercised within the bounds of the law. Circumstances where a Private Person may make an Arrest When the...