CrPC Section 357
Section 357 CrPC: Power of Court to order compensation
Text of Section 357 CrPC:
"The Court may, after considering the circumstances of the case, order the accused to pay compensation—
to the person who has suffered loss or injury by reason of the offence; or
to the legal heirs of a deceased person, where the offence has caused the death of that person.
Such compensation may be recovered as if it were a fine."**
Explanation:
When is Section 357 invoked?
During criminal proceedings, the court may decide that the accused should compensate the victim or the victim's family for loss or injury caused by the offence.
This is usually after conviction or even sometimes during sentencing.
What kind of compensation?
Monetary compensation for loss or injury suffered due to the crime.
Compensation may cover physical injury, emotional distress, financial loss, or even loss of support in case of death.
To whom is compensation paid?
Directly to the victim if alive.
If the victim has died, then to the legal heirs (family members entitled to inheritance).
How is compensation enforced?
The compensation ordered by the court can be recovered in the same way as a fine.
This means, if the accused fails to pay, the court may take measures such as attachment of property or imprisonment as per rules related to fine recovery.
Purpose of Section 357:
To provide immediate relief and justice to victims.
To ensure the offender takes some financial responsibility for the harm caused.
Acts as a supplement to punishment, not a substitute.
Practical Example:
Suppose someone is convicted of causing bodily harm.
The court, while sentencing, orders the accused to pay Rs. 50,000 to the victim as compensation for medical expenses and suffering.
If the accused fails to pay, the court can enforce recovery just like a fine.
Summary Table:
| Aspect | Details |
|---|---|
| Who can get compensation? | Victim or legal heirs of deceased victim |
| When is it ordered? | During criminal proceedings, usually after conviction |
| Purpose | Compensation for loss, injury, or death caused by offence |
| Enforcement | Recovered like a fine |
Additional Points:
Section 357 can be invoked by both Sessions Courts and Magistrate Courts.
The amount is decided by the court based on the facts and circumstances.
This section is different from civil compensation which may be sought in civil courts.
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