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1 - 10 of 18 (0.22 seconds)Section 452 in The Indian Penal Code, 1860 [Entire Act]
Section 357 in The Indian Penal Code, 1860 [Entire Act]
Section 327 in The Indian Penal Code, 1860 [Entire Act]
Section 326 in The Indian Penal Code, 1860 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 421 in The Indian Penal Code, 1860 [Entire Act]
Section 357 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 372 in The Code of Criminal Procedure, 1973 [Entire Act]
Ankush Shivaji Gaikwad vs State Of Maharashtra on 3 May, 2013
Hon'ble Supreme Court in the case of Ankush Shivaji
Gaikwad Vs. State of Maharashtra reported in (2013) 6 SCC
770 while considering the question of award of compensation to
victims of crime under Section 357 Cr.P.C. has held that
"While the award or refusal of compensation in a
particular case may be within the Court's discretion,
there exists a mandatory duty on the Court to apply its
mind to the question in every criminal case. Application
of mind to the question is best disclosed by recording
reasons for awarding/refusing compensation. It is
axiomatic that for any exercise involving application of
mind, the Court ought to have the necessary material
which it would evaluate to arrive at a fair and reasonable
conclusion. It is also beyond dispute that the occasion to
consider the question of award of compensation would
logically arise only after the court records a conviction of
the accused. Capacity of the accused to pay which
constitutes an important aspect of any order under
Section 357 Cr.P.C. would involve a certain enquiry albeit
summary unless of course the facts as emerging in the
course of the trial are so clear that the court considers it
unnecessary to do so. Such an enquiry can precede an
order on sentence to enable the court to take a view,
both on the question of sentence and compensation that
it may in its wisdom decide to award to the victim or
his/her family."