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 bona fide 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.

STATE AMENDMENTS
Andhra Pradesh:
(i) In sub-section (1), after the words “the Court may“, the expression “and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in Clauses (24) and (25) of Article 366 of the Constitution of Indian except when both the accused person and the person against whom an offence is committed belong either to such castes or tribes, the Court shall,” shall be inserted, and

(ii) for sub-section (3), the following sub-section shall be substituted, namely-
“(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in Clauses (24) and (25) of Article 366 of the Constitution of India, the Court shall, 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:
Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belongs either to the Scheduled Castes or the Scheduled Tribes.”
[Vide A.P. Act 21 of 1993 (w.e.f. 3-9-1993)]

Bihar:
In sub-section (1) of section 357, the following provision shall be added, namely:—
“Provided that the person against whom an offence is committed, belongs to Scheduled Castes and to Scheduled Tribes as defined in clause (24) and clause (25) of Article 366 of the Constitution, the Court shall at the time of judgment pass order that the entire amount of fine realised or any part of it will be unutilised for the benefit of such person by way of compensation.”
[Vide Bihar Act 9 of 1985, sec. 2 (w.e.f. 13-8-1985)]

Karnataka:
(1) In sub-section (1), after the words “the Court may” the brackets, figures and words “and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the accused person doesn’t belong to a Scheduled Caste or a Scheduled Tribe the Court shall” shall be inserted.

(2) for sub-section (3), the following sub-section shall be substituted, namely:—
“(3) When a Court imposes a sentence of which the fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the accused person does not belong to a Scheduled Caste or a Scheduled Tribe, the Court shall 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.”
[Vide Karnataka Act 27 of 1987, sec. 2 (w.e.f. 22-7-1987)]

Madhya Pradesh:
In section 357,-
(i) In sub-section (1), for the brackets, figure and words “(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” the brackets, figure and words “(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, and where a person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses (24) and (25) and of Article 366 of the Constitution except when both the accused person and the person against whom an offence is committed belong either to such Castes or Tribes, the Court shall, when passing judgment, order the whole or any part of the fine recovered to be applied” shall be substituted; and

(ii) for sub-section (3), the following sub-section shall be substituted, namely-
“(3) When Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24)
and (25) of Article 366 of the Constitution, the Court shall 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:
“Provided that the Court may not order the accused person to pay by way of compensation any amount if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes.”
[Vide M.P. Act 29 of 1978 (w.e.f. 5-10-1978)]

Rajasthan:
In section 357-
(i) In sub-section (1), between the expression “the Court may” and the expression “when passing judgment” the expression “and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court shall” shall be inserted; and

(ii) in sub-section (3), between the expression “the Court may” and the expression “when passing judgment” the expression “and where the person against whom an offence is committed” belongs to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court shall”, shall be inserted.

[Vide Rajasthan Act No. 3 of 1993, sec. 2]

Uttar Pradesh:
In section 357,-
(a) in sub-section (1), after clause (d), the following proviso shall be inserted, namely:— “Provided that if a person who may receive compensation under clauses (b), (c) and (d) a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes, the Court shall order the whole or any part of the fine recovered to be applied in payment of such compensation.”

(b) for sub-section (3), the following sub-section shall be substituted, namely:—
“(3) When the Court imposes a sentence, of which fine does not form a part, the Court may, and where the person who has suffered the loss or injury is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes the Court shall, when passing judgment, order the person sentenced 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 person has been so sentenced.”

(c) after sub-section (5) the following Explanation shall be inserted, namely:—
“Explanation.— For the purposes of this section the expressions ‘Scheduled Castes’ and ‘Scheduled Tribes’ shall have the meanings respectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution.”
[Vide U.P. Act 17 of 1992, sec. 2.]

West Bengal:
(a) In sub-section (1), for the words and brackets “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— “the words and brackets “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, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, except when both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes shall, when passing judgment order the whole or any part of the fine recovered to be applied—” shall be substituted.

(b) for sub-section (3), the following sub-section shall be substituted, namely:—
(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, shall, 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:
Provided that the Court may not order the accused person to pay by way of compensation, any amount if both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes.”

(c) after sub-section (5), the following Explanation shall be inserted, namely-
“Explanation.—For the purposes of the section the expression “Scheduled Castes” and “Scheduled Tribes” shall have the meaning respectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution of India“.
[Vide W.B. Act 33 of 1985, sec. 3.]

Comments:
(i) Where there is no sentence of fine or where convict has been let off on probation, there can be no direction for compensation under section 357(a);
Girdhari Lal v. State of Punjab, AIR 1982

(ii) The power of the Court to award compensation under section 357 is not ancillary to other sentence, but it is an addition thereto;
Arjunan v. State of Tamil Nadu, (1997)

(iii) The quantum of compensation may be determined by taking in account the nature of the crime, the manner in which it has been committed the justness of claim by the victim and the ability of the accused to pay;
Arjunan v. State of Tamil Nadu, (1997)

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