Section 357 in The Code of Criminal Procedure, 1973
357. Order to pay compensation.
(1) When a Court imposes a sentence of fine ... P. Act No. 29 of 1978, Section 3, w.e.f. 5.10.1978]. RAJASTHAN.- In Section 357 of the Code of Criminal Procedure, 1973 (Central
Cr.P.C., which is the focal question as far
as this case is concerned.
13. Mr. Basant submitted that Section 431 Cr.P.C ... Section 421
Cr.P.C. by attachment of movable and immovable
property or under Sections 64 to 70 IPC and Section
30 Cr.P.C
Section 29
Cr.P.C., after finding the accused guilty, he can forward to the
Chief Judicial Magistrate under Section 325 Cr.P.C ... Magistrate in respect of Section 29 Cr.P.C. would not be
applicable to the High Court, as Section 357(4) Cr.P.C. would
P.C. The heading of Section
357 Cr. P.C. throws considerable light in finding the object
and purpose of the Section. Section 357 Cr ... case of Section 357(1) Cr.P.C. nor
Section 357(3), subsection(2) of Section 357 Cr.P.C. is
clearly not applicable
under Section 431 Cr.P.C would entail the
application of Sections 64 to 70 I.P.C and Section 30 Cr.P.C ... Cr.P.C as in Section 358 or
Section 359 Cr.P.C.
18. Thus from first principles and from the provisions of
the Code
under Section 359 Cr.P.C. which is a deemed fine under Section 431 , Cr.P.C. is, by the proviso to Section 431, brought ... Cr.P.C. was concerned as the proviso to Section 421 , Cr.P.C. did already cover all payments directed under Section 357. Cr.P
under Section 428 Cr.P.C. The fine, if recovered, was to
be handed over to the victim as compensation under Section 357 ... Section 428 Cr.P.C..
5. The fine amount (supra), if recovered shall be handed over
to the victims as compensation under Section 357
Section 357(3) Cr.P.C. is legally not justified. Most surprisingly, for the offence under Section 304-B I.P.C. no sentence ... conviction under Sections 498 A and 304B I.P.C. are upheld.
(c) The sentence imposed under Section 498A I.P.C. is upheld
been filed under Section 401
of the Code of Criminal Procedure, 1973 (hereinafter to be referred as
` Cr.P.C .') against judgment dated ... complainant-respondent that awarding of compensation under Section 357
(3) Cr.P.C. for offence under Section 138 of the Act is not ancillary
Sections 357-B and 357-C Cr.P.C. were added. Section 357-A , 357-B & 357-C Cr.P.C. are being reproduced ... exercise the powers under Section 357 Cr.P.C. as well as 357-A Cr.P.C ., for ensuring rehabilitation of the victim.
36.This
