Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 395: 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, 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.
Brefe Detail
Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the conditions under which a court can order compensation when imposing a fine. It specifies that a portion of the fine may be directed toward covering prosecution costs, compensating victims for losses or injuries, and addressing specific cases like fatal accidents or theft. Additionally, it addresses the timing of compensation payments in relation to appeals and civil suits.
Question & Answers
Q1: When can a court order compensation to be paid from a fine?
A1: A court can order compensation to be paid from a fine when passing judgment, particularly for prosecution costs, victim compensation, and specific cases like fatal accidents or theft.
Q2: What happens if the fine is imposed in a case that is subject to appeal?
A2: No payment of compensation shall be made before the appeal period has elapsed or before the decision of the appeal if one is presented.
Q3: Can a court order compensation if no fine is imposed?
A3: Yes, a court may order the accused to pay compensation directly to the victim if the sentence does not include a fine.
Q4: Can higher courts make compensation orders?
A4: Yes, an Appellate Court, High Court, or Court of Session may also make an order under this section.
Q5: How does compensation from this section affect subsequent civil suits?
A5: In subsequent civil suits relating to the same matter, the court must consider any compensation already paid or recovered under this section.
Example
- Example of Court Order:
If a person is convicted of theft and fined, the court may order that part of the fine be used to compensate the victim for their loss.
- Example of Appeal Impact:
If the fine is challenged in an appeal, the victim will not receive compensation until the appeal is resolved.
Summary
Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the framework for ordering compensation from fines imposed by the court. It covers various scenarios where compensation may be warranted, including victim losses and expenses incurred during prosecution. The section also ensures that the rights of victims are protected in relation to appeals and subsequent civil proceedings.
