78. Power to impose fine or to award compensation.
(1)A Nyaya Panchayat shall, after hearing the parties and after considering the evidence adduced by the parties, record its decision in writing, and may sentence any offender convicted by it to pay a fine not exceeding fifty rupees :Provided that if the members of the Nyaya Panchayat present during the trial of a case fail to come to a unanimous decision, the decision of the majoirty of such members shall be the decision of the Nyaya Panchayat :Provided further that in the case of equality of votes of the members of a Nyaya Panchayat present during the trial of a case, the Pradhan Vicharak, or the person who is elected as Pradhan Vicharak for that sitting, shall have a second or casting vote and the decision of the Nyaya Panchayat shall be in accordance with such second or casting vote.(2)No sentence of imprisonment, simple or rigorous, whether substantive or in default of payment of fine shall be inflicted by any Nyaya Panchayat.(3)When a Nyaya Panchayat imposes a fine under sub-section (1), it may, when passing the order, direct that the whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.(4)If a Nyaya Panchayat is satisfied that a compliant made before it or transferred to it for trial is false, vexatious or frivolous, it may order the complainant to pay to the accused, such compensation not exceeding twenty-five rupees, as it thinks fit.(5)If such fine or compensation is not paid or realised within thirty days of the passing of the sentence or order or within such further time as the Nyaya Panchayat may allow, the Nyaya Panchayat shall record an order declaring the amount of fine imposed or compensation awarded and that it has not been paid, and shall forward the same to the nearest Magistrate, who would have had jurisdiction to try the case but for the provisions of this Act, who shall -(a)proceed to execute the order as if it were an order passed by himself, or(b)in default of payment, sentence the accused to imprisonment in accordance with Chapter III of the Indian Penal Code, notwithstanding anything contained in sub-section (2) of this section :Provided that, notwithstanding anything contained in the Indian Penal Code -(a)the fine imposed or compensation awarded by a Nyaya Panchayat shall not be realised from any person who has served his term of imprisonment;(b)the person serving his term of imprisonment shall be forthwith released, if the fine or compensation is paid before the expiry of the term of imprisonment.
