CrPC Section 357 — Order to pay compensation

CHAPTER XXVII THE JUDGMENT

General

Summary

Sub-section (1) applies when a Court imposes a fine, or a sentence that includes a fine, including a death sentence. When passing judgment, the Court may order all or part of the fine recovered to be used for the purposes in clauses (a) to (d).

Clause (a) of sub-section (1) covers properly incurred prosecution expenses.

Clause (b) of sub-section (1) covers compensation to a person for loss or injury caused by the offence, if the Court considers that the person could recover compensation in a Civil Court.

Clause (c) of sub-section (1) covers compensation where a person is convicted of causing another person’s death or abetting such an offence. It is payable to people entitled under the Fatal Accidents Act, 1855 to recover damages from the person sentenced for the loss resulting to them from the death.

Clause (d) of sub-section (1) covers compensation to a bona fide purchaser for the loss of property if it is restored to the person entitled to possess it. It applies where a person is convicted of an offence involving theft, criminal misappropriation, criminal breach of trust or cheating, or of dishonestly receiving or retaining stolen property, or voluntarily helping dispose of it while knowing or having reason to believe it was stolen.

Sub-section (2) says that, if a fine is imposed in a case subject to appeal, no such payment can be made until the time allowed for filing an appeal has passed. If an appeal is filed, payment must wait until it is decided.

Sub-section (3) says that, when a sentence does not include a fine, the Court may, when passing judgment, order the accused person to pay a specified amount as compensation to someone who suffered loss or injury because of the act for which the accused was sentenced.

Sub-section (4) says that an Appellate Court, or the High Court or Court of Session exercising its revision powers, may also make an order under this section.

Sub-section (5) says that, when awarding compensation in a later civil suit about the same matter, the Court must take into account any amount paid or recovered as compensation under this section.

Official Text

(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.

Referred to by

Related Judgments

  • SURESH &ANR. vs STATE OF HARYANA — Supreme Court of India (2014)
  • R. MOHAN vs A.K. VIJAYA KUMAR — Supreme Court of India (2012)
  • DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA vs THE STATE OF GUJARAT — Supreme Court of India (2021)
  • KARAN vs STATE NCT OF DELHI — Delhi High Court (2020)
  • SOMNATH SARKAR vs UTPAL BASU MALLICK & ANR — Supreme Court of India (2013)
  • P. SURESH KUMAR vs R. SHANKER — Supreme Court of India (2007)

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