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.
THE JUDGMENT
What is Order to pay compensation Section 357 of Code of Criminal Procedure 1973
What is Victim Compensation Scheme Section 357A of Code of Criminal Procedure 1973
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION