Section 357 in The Code of Criminal Procedure, 1973
357. Order to pay compensation.
(1) When a Court imposes a sentence of fine ... Section 3, w.e.f. 5.10.1978]. RAJASTHAN.- In Section 357 of the Code of Criminal Procedure, 1973 (Central
compensation is awarded under Sub-
Section (3) of Section 357 of the Code of Criminal
Procedure.
2. In the instant case, the petitioner stood
convicted ... Respondent No.1
herein under Section 357(3) of the Code of Criminal
Procedure, ( Cr.P.C .in short) and in default to
undergo simple
could impose. Another course open to the
Magistrate is to invoke Section 357 Cr.P.C. But, the learned
Judicial Magistrate has not taken into ... under the second limb of Section 357, namely,
357(3) Cr.P.C ., the Judicial Magistrate can award any sum as
compensation taking note
case of this nature, subsection (2)
of Section 357 of the Code of Criminal
Procedure would be attracted even when the
appellant was directed ... referred to in subsection
(5) of Section 357 of the Code of Criminal
Procedure;
(v) no unreasonable amount of compensation can
be directed
Section 431 Cr.P.C.
Crl.R.P.No.15/2008 13
17. The contention that framer of the Code of Criminal
Procedure which stipulates ... both in
terms of sub-section (1) of Section 357 of the Code of
Criminal Procedure as also sub-section (3) thereof.
However, while exercising
handed over to the victim as compensation under Section 357 of
the Code of Criminal Procedure, 1973 ( Cr.P.C .).
2. The convict/appellant herein ... handed over
to the victims as compensation under Section 357 of the Code
of Criminal Procedure, 1973."
68. Section 9 (n) of the POCSO
which was to be released to his only daughter under Section 357(3) Cr.P.C. and in default to undergo ... imposed under Section 498A I.P.C. is upheld.
(d) The direction for payment of compensation under Section 357(3)
357-C Cr.P.C. were added. Section 357-A , 357-B & 357-C Cr.P.C. are being reproduced below :-
"[357 ... become a rule, whether recourse is had to Section 357 or 357-A Cr.P.C . Needless to say that Hon'ble Apex Court
case of this nature, subsection (2)
of Section 357 of the Code of Criminal
Procedure would be attracted even when the
appellant was directed ... referred to in subsection
(5) of Section 357 of the Code of Criminal
Procedure;
(v) no unreasonable amount of compensation can
be directed
need to frame guidelines for award of compensation under Section 357
CrPC. It was submitted that the Courts below are not conducting ... curiae to assist in this case in framing guidelines under Section 357 CrPC.
Submissions of Mr. Rajshekhar Rao, Ld. counsel for Delhi High
