The provisions relating to compensation to victims of crime are contained in sections 357, 357A, 358,

359 and 250 of the Code of Criminal Procedure, 1973.

Section 357 Order to pay compensation-

According to Section 53 of the IPC, one of the punishments that maybe inflicted on the convicted perosn
is FINE. According to Section 357(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 of 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 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.
Section 357(2) further provides that 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.

What if no FINE is mentioned as a part of the Sentence?

Section 357(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.

Section 357(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.

Section 357(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.
Section 357A- Victim compensation scheme- Inserted by the Criminal Law (Amendment) Act,
2009:
Section 2(wa) defines “victim” as a person who has suffered any loss or injury caused by reason of
the act or omission for which the accused person has been charged and the expression victim includes
his or her guardian or legal heir.
154th Law Commission Report: Compensation was proposed as a recognized method of protection
that offered immediate support to the victim. The report stated that compensation could also be extended
to the family of the victim in certain instances.
Malimath Committee recommendations, 2003:
* Recommended establishment of Victim Compensation Fund.
* Victim compensation is a State obligation, whether the offender is apprehended or not, convicted
or acquitted. This is to be organised in a separate legislation.
* A Victim Compensation Fund can be created under the victim compensation law and the assets
confiscated in organised crimes can be made part of the fund.
Amendments made to the Code of Criminal Procedure (CrPC), 1973 in 2009 as well as through the
Criminal Law (Amendment) Act of 2013, made a breakthrough in acknowledging the rights of the
victim. Though one generally assumes compensation to be a remedy granted by civil courts and
sentencing is a function of criminal courts, Section 357 clubbed the two remedies together, thereby
ensuring that the victim would not have to approach two different courts, hence expediting the
compensation process.

Who shall prepare the scheme?

Section 357A(1): Every State Government in co-ordination with the Central Government shall prepare
a scheme for providing funds for the purpose of compensation to the victim or his dependents who have
suffered loss or injury as a result of the crime and who require rehabilitation. Example in Punjab, there
is a Victim Compensation Scheme of 2017 that directs the payment of a compensation of minimum
Rs.3,00,000 in the case of acid attack victims and 25,000 Rs. as an interim maintenance within 5 days
of incident. If the acid attack results in a death sentence then a compensation of Rs.5,00,000 is to be
paid to the dependants of the victim.
Who shall decide the quantum of compensation after the COURT RECOMMENDS the
compensation ?
• Section 357A(2) Whenever a recommendation is made by the Court for compensation, the
District Legal Service Authority or the State Legal Service Authority, as the case may be, shall
decide the quantum of compensation to be awarded under the scheme referred to in sub-section
(1).
 • Section 357A(3)If the trial Court, at the conclusion of the trial, is satisfied, that the
compensation awarded under section 357 is not adequate for such rehabilitation, or where the
cases end in acquittal or discharge and the victim has to be rehabilitated, it may make
recommendation for compensation.
• Section 357A(4) Where the offender is not traced or identified, but the victim is identified, and
where no trial takes place, the victim or his dependents may make an application to the State or
the District Legal Services Authority for award of compensation.
• Section 357A(5) On receipt of such recommendations or on the application under sub-section
(4), the State or the District Legal Services Authority shall, after due enquiry award adequate
compensation by completing the enquiry within two months. Moreover, he State or the District
Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order
for immediate first-aid facility or medical benefits to be made available free of cost on the
certificate of the police officer not below the rank of the officer in charge of the police station
or a Magistrate of the area concerned, or any other interim relief as the appropriate authority
deems fit.[Section 357A(6)]
Despite the existence of statutory provisions and schemes of the States, the victims of crimes rarely
received any compensation. The same was taken note of by the Honourable Supreme Court in Ankush
Shivaji Gaikwad v State of Maharashtra (2013) 6 SCC 770 and the Apex Court made mandatory for
trial Courts to consider grant of interim compensation and to give reasons for not recommending
compensation to the victims of the crime.
Suresh v. State of Haryana (2015) 2 SCC 227
“It is the duty of the courts, on taking cognizance of a criminal offence, to ascertain whether there is
tangible material to show commission of crime, whether the victim is identifiable and whether the
victim of crime needs immediate financial... relief. On being satisfied on an application or on its own
motion, the court ought to direct grant of interim compensation, subject to final compensation being
determined later. Gravity of offence and need of victim are some of the guiding factors to be kept in
mind, apart from such other factors as may be found relevant in the facts and circumstances of an
individual case.”

Section 357B- Compensation to be in addition to fine under section 326A or section 376D of Indian
Penal Code:
The compensation payable by the State Government under section 357A shall be in addition to the
payment of fine to the victim under section 326A or section 376D of the Indian Penal Code, 1860.

Laxmi v. Union of India (2014) 4 SCC

The Court directed that guidelines must be laid down for the betterment of the acid attack victims. This
case led to the addition of Sections 357B and 357C, in order to provide compensation to the victim or
the dependents.
Nipun Saxena v. Union of India Cri MP 16041/2014
Pursuant to Supreme Court directions NALSA drafted the Grant of Compensation to Women Victims/
Survivor of Sexual Assault/Other Crimes- 2018.
Important features of the Scheme:
(i) Woman victim eligible for compensation from multiple schemes
(ii) Online application for compensation
(iii) The enquiry to be completed within 60 days, and
(iv) In Acid Attack case, and in all other deserving cases, the Secretary DLSA to grant interim
compensation.
Subsequently Supreme Court laid down that NALSA’s Compensation Scheme for Women/Victims
should function as a guideline to the Special Courts for the award of compensation of victims of child
sexual abuse under Rule 7 until the Rules are finalized by the Central Government.

In Re Alarming Rise in the Number of Reported Child Rape Incidents [Suo Motto Writ (Crl) 1 of
2019]
The Supreme Court awarded as an interim measure compensation of Rs 25,00,000 (Rupees twenty five
lakhs only) to the rape victim and called for reports from States and UT as regard payment of
compensation including interim compensation to victims of crime.

Section 357C- Treatment of victims:

All hospitals, public or private, whether run by the Central Government, the State Government, local
bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost,
to the victims of any offence covered under section 326A, 376, 376A, 376B, 376C, 376D or section
376E of the Indian Penal Code, 1860 and shall immediately inform the police of such incident.

Section 358- Compensation to persons groundlessly arrested:

(1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate
by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate
may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing
the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate
thinks fit.
(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to
each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit.
(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot
be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such
term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.

Section 359- Order to pay costs in non-cognizable cases:

(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts
the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in
whole or in part, the cost incurred by him in the prosecution, and may further order that in default of
payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such
costs may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which
the Court may consider reasonable.
(2) 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.

Section 360- Order to release on probation of good conduct or after admonition:

(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine
only or with imprisonment for a term of seven years or less, or when any person under twenty-one years
of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and
no previous conviction is proved against the offender, if it appears to the Court before which he is
convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances
in which the offence was committed, that it is expedient that the offender should be released on
probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct
that he be released on his entering into a bond, with or without sureties, to appear and receive sentence
when called upon during such period (not exceeding three years) as the Court may direct, and in the
meantime to keep the peace and be of good behaviour:
Provided that where any first offender is convicted by a Magistrate of the second class not specially
empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section
should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate
of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate,
who shall dispose of the case in the manner provided by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1),
such Magistrate may thereupon pass such sentence or make such order as he might have passed or made
if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on
any point to be necessary, he may make such inquiry or take such evidence himself or direct such
inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation,
cheating or any offence under the Indian Penal Code (45 of 1860), punishable with not more than two
years, imprisonment or any offence punishable with fine only and no previous conviction is proved
against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age,
character, antecedents or physical or mental condition of the offender and to the trivial nature of the
offence or any extenuating circumstances under which the offence was committed, instead of sentencing
him to any punishment, release him after due admonition.
(4) An order under this section may be made by any Appellate Court or by the High Court or Court of
Session when exercising its powers of revision.
(5) When an order has been made under this section in respect of any offender, the High Court or Court
of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers
of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law:
Provided that the High Court or Court of Session shall not under this sub-section inflict a greater
punishment than might have been inflicted by the Court by which the offender was convicted.
(6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties
offered in pursuance of the provisions of this section.
(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that
an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which
the Court acts or in which the offender is likely to live during the period named for the observance of
the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in
respect of his original offence, is satisfied that the offender has failed to observe any of the conditions
of his recognizance, it may issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court
issuing the warrant, and such Court may either remand him in custody until the case is heard or admit
him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after
hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of
1958), or the Children Act, 1960 (60 of 1960) or any other law for the time being in force for the
treatment, training or rehabilitation of youthful offenders.

Section 361- Special reasons to be recorded in certain cases:

Where in any case the Court could have dealt with,—
(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act,
1958, or
(b) a youthful offender under the Children Act, 1960 (60 of 1960) or any other law for the time being
in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall
record in its judgment the special reasons for not having done so.