COMPENSATION ORDERS: SECTION 357 AND SECTIONS 357A-357C
Section 357 and its related sections, 357A, 357B, and 357C of the Criminal Procedure Code, are crucial legal provisions aimed at ensuring that victims of crimes receive compensation and support. These provisions empower the court to order compensation to victims from the offenders and establish mechanisms for the implementation of these orders. This helps in providing financial relief to victims and ensures that justice is not only punitive but also restorative.
SECTION 357 – ORDER TO PAY COMPENSATION
- Fine Allocation : This section deals with scenarios where a court imposes a fine as part of a sentence, which could even include a death penalty with a fine component.
- Diverse Utilization : The court holds the authority to allocate the fine towards various critical purposes:
- Covering the prosecution expenses incurred in the legal proceedings.
- Compensating individuals who have endured loss or injury due to the offense, as long as this compensation is recoverable in a civil court.
- In cases where an individual is convicted for causing another person’s death or abetting such an offense, the court may order compensation to those entitled to damages as per the Fatal Accidents Act, 1855.
- In cases involving theft, criminal misappropriation, breach of trust, or cheating, or where stolen property is dishonestly received, retained, or assisted in disposal, the court can order compensation to bona fide purchasers who suffered losses upon property restoration.
- Appeal Constraints : In situations where an appeal is possible, no compensation shall be paid until the appeal process concludes.
- Non-Fine Sentences : Even if the sentence doesn’t include a fine, the court can mandate the accused to compensate the victim for their losses.
- Appellate Court Authority : Appellate Courts, the High Court, and the Court of Session also possess the jurisdiction to issue compensation orders.
- Consideration in Civil Suits : Any compensation awarded or recovered under this section is considered when adjudicating subsequent civil suits related to the same matter.
SECTION 357A – VICTIM COMPENSATION SCHEME
- Government Scheme Creation : Section 357A of Criminal Procedure Code,obliges every State Government, in coordination with the Central Government, to formulate a scheme aimed at providing funds for compensating victims or their dependents who have suffered losses or injuries due to a crime and require rehabilitation.
- Quantum Determination : The District Legal Service Authority or the State Legal Service Authority, depending on the case, has the responsibility to determine the compensation amount to be awarded under the scheme as recommended by the court.
- Inadequate Compensation Addressed : In cases where the court finds the compensation granted under Section 357 insufficient, it can recommend additional compensation, particularly when cases result in acquittal.
- Unidentified Offender Compensation : For situations where the offender remains unidentified, but the victim is known, and no trial takes place, victims or their dependents may apply to the State or the District Legal Services Authority for compensation.
- Prompt Compensation : The Legal Services Authorities are mandated to promptly award compensation and offer immediate medical relief or first-aid when necessary.
SECTION 357B – COMPENSATION IN ADDITION TO FINE
Supplemental Compensation : This section specifies that the compensation from the State Government under Section 357A is in addition to any fines paid to the victim under specific sections of the Indian Penal Code, such as 326A, 376AB, 376D, 376DA, and 376 DB.
SECTION 357C – TREATMENT OF VICTIMS
- Mandatory Medical Care : Section 357C necessitates that all hospitals, whether public or private, extend immediate and cost-free first-aid or medical treatment to victims of specific offenses listed under section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the Indian Penal Code.
- Police Notification Obligation : These hospitals are also obligated to promptly inform the police of such incidents.
CONCLUSION
Sections 357, 357A to 357C of the Criminal Procedure Code underscore the critical importance of providing financial relief and support to victims of crime while holding offenders accountable for their actions. These sections establish a framework for courts to order compensation and introduce the concept of a Victims Compensation Fund to facilitate this endeavor, ultimately ensuring the protection of the rights and welfare of crime victims within the Indian legal system.
Reference
2-https://m.timesofindia.com/india/supreme-court-seeks-replies-from-centre-4-states-on-plea-for-compensation-to-victims-of-sexual-crimes/amp_articleshow/96796887.cms -THE TIMES OF INDIA
3-https://www.hindustantimes.com/delhi/crpc-section-opens-doors-for-better-compensation/story-kzOktB1D5il3YOtImqmidN_amp.html -HINDUSTAN TIMES