Code
1[357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.–The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim 2[under section 326A, section 376AB, section 376D, section 376DA and section 376DB of the Indian Penal Code (45 of 1860)]].
STATE AMENDMENTS
Arunachal Pradesh.–
Amendment of section 357B.–In section 357B of the principal Act, for the words, figures and letters “section 326A or section 376D of the Indian Penal Code” the words, figures ad letters “section 326A, 376D or section 376DA of the Indian Penal Code” shall be substituted.
[VideArunachal Pradesh Act 3 of 2019, s. 20]
Explanation
This section mandates that the court, while trying an offense under Sections 326A (causing grievous hurt by use of acid, etc.) or 376D (gang rape), shall, if it finds the accused guilty, direct him to pay compensation to the victim. This compensation is meant to help the victim recover from the physical and mental trauma they have suffered.
The court may, in its discretion, consider factors like the severity of the crime, the victim’s medical expenses, and the cost of rehabilitation while determining the amount of compensation.
Illustration
Suppose a woman is a victim of acid attack, and the court finds the perpetrator guilty under Section 326A IPC. In addition to the punishment awarded to the accused, the court can also direct the accused to pay compensation to the victim for her medical expenses, plastic surgery, psychological therapy, and loss of income due to disability.
Common Questions and Answers
Q: Who is entitled to compensation under this section?
A: Victims of offenses under Sections 326A and 376D IPC are entitled to compensation.
Q: Who decides the amount of compensation?
A: The court trying the case decides the amount of compensation after considering various factors.
Q: How is the compensation paid?
A: The court may direct the accused to pay the compensation directly to the victim or order the state government to pay the compensation and recover it from the accused.
Q: What happens if the accused is unable to pay the compensation?
A: The court can order the accused’s property to be seized and sold to recover the compensation. In some cases, the state government may have to pay the compensation to the victim.
