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Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 395
Code: BNSS Section 395
Explanation: This section deals with the application of fines imposed by courts in criminal cases. It outlines how the fine can be utilized for various purposes, including compensating victims, covering prosecution costs, and reimbursing bona fide purchasers of stolen property.
Sub-sections:
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(1): When a court imposes a fine, it can order the whole or part of the fine to be used for:
- (a) Defraying prosecution expenses.
- (b) Compensating victims for loss or injury caused by the offense.
- (c) Compensating victims of death-related offenses under the Fatal Accidents Act, 1855.
- (d) Compensating bona fide purchasers of stolen property if the property is recovered.
- (2): If the case is subject to appeal, payment from the fine cannot be made until the appeal period expires or the appeal is decided.
- (3): When a sentence without a fine is imposed, the court can still order the accused to pay compensation to the victim.
- (4): Appellate courts, High Courts, or Courts of Session can also order compensation under this section while exercising their revision powers.
- (5): Any compensation awarded under this section will be considered during subsequent civil suits relating to the same matter.
Illustration:
- A person is convicted of theft and fined Rs. 50,000. The court can order Rs. 20,000 from the fine to be paid to the victim as compensation for the stolen property and Rs. 10,000 to cover the prosecution expenses. The remaining Rs. 20,000 would go to the government.
- In a case of culpable homicide, the court can order compensation from the fine to be paid to the victim’s family under the Fatal Accidents Act, 1855.
Common Questions and Answers:
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Q: Can the court order the entire fine to be paid as compensation to the victim?
A: Yes, the court can order the entire fine to be paid as compensation to the victim if it deems fit. -
Q: Can the court order compensation to be paid to a person who is not directly involved in the crime?
A: No, compensation can only be ordered for victims of the crime or those who have suffered loss or injury due to the offense. -
Q: Is there any specific limit on the amount of compensation that can be ordered?
A: No, there is no specific limit. The court will determine the amount of compensation based on the circumstances of the case and the extent of loss or injury suffered.
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