1. State the Code

Section 357 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of the court to order compensation to the victim of an offense.

2. Explain the Code

This section empowers the court, while trying an offense, to order the person convicted of the offense to pay compensation to the victim for the loss or injury caused by the offense. This compensation can be awarded in addition to any other punishment imposed on the accused.

• The court has the discretion to order compensation, considering the nature and gravity of the offense, the extent of the loss or injury suffered by the victim, and the financial capacity of the accused.
• The compensation can be awarded for various types of losses, including physical injury, loss of property, mental anguish, and loss of earning capacity.
• The court can also order the accused to pay compensation to the legal heirs of the victim in case of death.

3. Illustrate the Code

Consider a scenario where an individual is convicted of assault causing grievous hurt. The court, while sentencing the accused, may also order the accused to pay compensation to the victim for medical expenses, loss of income during recovery, and pain and suffering.

4. Common Questions and Answers

Q1. Can compensation be awarded even if the accused is acquitted?

No. Compensation can only be awarded if the accused is convicted of the offense.

Q2. What happens if the accused fails to pay the compensation?

The court can take appropriate steps to recover the compensation, including attaching the accused’s property.

Q3. Can the victim claim compensation even if they did not file a complaint?

Yes, the victim can claim compensation even if they did not file a complaint. The court can take cognizance of the offense based on any information received.

Q4. What is the time limit for filing an application for compensation?

There is no specific time limit for filing an application for compensation, but it is advisable to file it as soon as possible after the conviction.