Code of Criminal Procedure Act, 1973
357.Order to pay compensation.-
(1) When a Court imposes a sentence of fine or
a sentence (including a sentence of death) of which fine forms a part, the
Court may, when passing judgment, order the whole or any part of the fine
recovered to be applied -
(a) in defraying the expenses properly incurred in the prosecution;
(b) in the payment to any person of compensation for any loss or injury caused
by the offence, when compensation is, in the opinion of the Court, recoverable
by such person in a Civil Court ;
(c) when any person is convicted of any offence for having caused the death of
another person or of having abetted the commission of such an offence, in
paying compensation to the persons who are, under the Fatal Accidents Act,
1855, (13 of 1855) entitled to recover damages from the person sentenced for
the loss resulting to them from such death;
(d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having
dishonestly received or retained, or of having voluntarily assisted in
disposing of, stolen property knowing or having reason to believe the same to
be stolen, in compensating any bonafide purchaser of such property for the loss
of the same if such property is restored to the possession of the person
entitled thereto.
(2) If the fine is imposed in a case which is
subject to appeal, no such payment shall be made before the period allowed for
presenting the appeal has elapsed, or, if an appeal be presented, before the
decision of the appeal.
(3) When a Court imposes a sentence, of which fine does not form a part, the
Court may, when passing judgment, order the accused person to pay, by way of
compensation, such amount as may be specified in the order to the person who
has suffered any loss or injury by reason of the act for which the accused
person has been so sentenced.
(4) An order under this section may also be made by an Appellate Court or by
the High Court or Court of Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating
to the same matter, the Court shall take into account any sum paid or recovered
as compensation under this section.