Order to pay compensation
Section 357 of the Code of Criminal Procedure, 1973 deals with order to pay compensation. 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; The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 (13 of 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.
Section 357, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 395 Order to pay compensation Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ankush Shivaji Gaikwad v. State of Maharashtra
Court's Decision & Legal Precedent
Judgment of Main Case order-6.pdf 2013-05-03 (not same-date ROP order-7). Crl A 689/2013. CrPC 357: in every criminal case the court must apply its mind to victim compensation (and 357A if the State scheme is engaged); the power is not optional window-dressing. Map crpc 357 and successor bnss 395.
On this section: s.357 order to pay compensation: in every criminal case the court must apply its mind to victim compensation (and to 357A if the State scheme is engaged). Silence is not a lawful exercise of the power (Ankush Shivaji Gaikwad).
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K. A. Abbas H. S. A vs Sabu Joseph
Court's Decision & Legal Precedent
Section 357(3) of the Criminal Procedure Code, 1973, when read in conjunction with Sections 431 and 421 of Cr.P.C. and Section 64 of IPC, empowers courts to impose a sentence of imprisonment in default of payment of compensation ordered to be paid to a victim. Such default sentence is an enforcement mechanism, not a substantive sentence, and its imposition is both the power and duty of courts considering the nature of offence, circumstances of commission, the offender's capacity to pay, and the principle that the object of compensation is to provide total justice to victims. The case law establishing this position, particularly Hari Singh v. Sukhbir Singh (1989) and its subsequent reiterations, represents settled law that has been followed by the Supreme Court for over two decades and cannot be overruled by isolated contrary decisions at High Court level.
On this section: Provides courts with power to award compensation out of fine imposed. Applied to understand the genesis and object of compensation provisions in criminal law.
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Sabu Joseph vs K. A. Abbas
Court's Decision & Legal Precedent
A court exercising jurisdiction under Section 357(3) of the Criminal Procedure Code can impose a default sentence of imprisonment in case of non-payment of the compensation amount ordered, as such compensation is recoverable as if it were a fine under Section 431 Cr.P.C read with Section 421 and Section 64 IPC, and such default sentence serves as a mode of enforcement to ensure accused pays compensation to the victim. The legislative intention reflected in Sections 357(3), 421, 431 and 64 read together clearly empowers courts to impose default sentences for non-payment of compensation awarded under Section 357(3).
On this section: Power to award compensation out of fine imposed when fine forms part of sentence. Distinguishes from subsection (3) where fine does not form part of sentence.
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Kumaran vs State of Kerala
Court's Decision & Legal Precedent
When compensation is ordered under Section 357(3) of the Criminal Procedure Code, the deeming fiction contained in Section 431 Cr.P.C. extends the application of Section 421(1) and Section 70 IPC to such compensation. Consequently, compensation remains recoverable even after the accused has undergone the default imprisonment sentence prescribed for non-payment, without the necessity for recording special reasons in writing. This is because the proviso to Section 421(1), as amended following the 41st Law Commission Report, creates a disjunctive category for compensation orders that operates independently of the requirement for special reasons.
On this section: Provides for court's power to order compensation; Section 357(1) allows compensation out of fine; Section 357(3) allows independent compensation order when sentence does not include fine
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A. K. Vijaya Kumar vs R. Mohan
Court's Decision & Legal Precedent
When a court imposes a sentence of imprisonment without a fine component under Section 357(3) of the Code of Criminal Procedure, it possesses the legal power and authority to award an alternative sentence of imprisonment in default of payment of the compensation amount ordered by that court, because (1) such power is necessary to give effect to Section 357(3)'s objective of ensuring victim compensation is not rendered illusory; (2) the absence of an enforcement mechanism with deterrent effect would frustrate the entire purpose of the compensation order; (3) Section 431 of CrPC puts compensation awards on par with fines for recovery purposes, and since Section 64 of IPC permits default imprisonment for non-payment of fines, the same principle applies to compensation; (4) the court may impose a reasonable compensation amount and provide reasonable time for payment, enforcing the order by imposing a default sentence, thereby ensuring both victim relief and proportionate deterrence against the offender.
On this section: Core provision empowering courts to order compensation to victims. Section 357(1) allows compensation out of fine; Section 357(3) allows compensation independent of fine when substantive sentence imposed. The entire judgment revolves around proper interpretation and enforcement of this section.
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Vijayan vs Sadanandan K.
Court's Decision & Legal Precedent
While awarding compensation under Section 357(3) of the Criminal Procedure Code, courts are within their jurisdiction to include a default sentence of imprisonment in case of non-payment of compensation. The combined reading of Section 357(3) Cr.P.C., Section 431 Cr.P.C. (which makes money other than fine recoverable as if it were a fine when recovery method is not otherwise expressly provided), and Section 64 IPC (which empowers courts to direct that in default of payment of fine, offender shall suffer imprisonment) authorizes courts to impose default sentences for non-payment of compensation awarded under Section 357(3).
On this section: Provides for application of fine imposed towards compensation; distinguishable from Section 357(3) which applies when fine does not form part of sentence
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Vinay vs State of Karnataka
Court's Decision & Legal Precedent
When multiple accused armed with deadly weapons such as sickles and talwars cause grievous injuries to multiple victims, convictions under Sections 326 and 427 IPC read with Section 34 IPC are justified based on consistent testimony of injured witnesses corroborated by medical evidence. However, in criminal cases involving closely related parties (such as real brothers) where both parties sustained injuries in a sudden quarrel in heat of passion, the principle of proportionality in sentencing permits reduction of custodial sentence to period already undergone with substitution of fine and victim compensation. Courts must liberally exercise power under Section 357(1) CrPC to award compensation to victims from fine amount imposed on accused, after assessing the accused's capacity to pay, as this power is independent and in addition to other sentences, not ancillary thereto.
On this section: Power to Award Compensation to Victims - Liberally applied by Supreme Court to award compensation to injured witnesses from fine imposed on appellants; Court directed that Rs. 17,500/- be paid to each of four grievously injured witnesses and Rs. 5,000/- to witness with simple injuries
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Dayanand Ramkrishna Shet vs State of Karnataka
Court's Decision & Legal Precedent
When appellants in criminal cases involving embezzlement and breach of trust have made full financial restitution, deposited the entire misappropriated amount before the court, paid fines imposed, and are advanced in age with health concerns, the appellate court has discretion to modify sentences by reducing imprisonment to the period already undergone while upholding the conviction. The restitution deposit shall be treated as compensation to the victim under Section 357 Cr.P.C. This approach balances criminal accountability, victim compensation, and humanitarian considerations in sentencing for financial crimes.
On this section: Applied in the Supreme Court order to direct that the restitution/deposit amount of Rs. 5,76,000/- made by appellants be deemed as compensation to the victim bank under this section. Allows court discretion to award compensation in criminal cases in addition to or instead of imprisonment.
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Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited to show that fine under Section 138 can be directed as compensation to victim
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Naresh Kumar Gupta vs Sood Resins and Polymers
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings are 'proceedings' within the meaning of that section. The moratorium applies only to the corporate debtor and not to natural persons (Directors and officers) who can continue to be prosecuted under Section 141 of the Negotiable Instruments Act. The rules of statutory construction (noscitur a sociis and ejusdem generis) cannot be applied to restrict the meaning of 'proceedings' in Section 14(1)(a) when the expression is designedly wide and the object of the statute is clear - which is to preserve the corporate debtor's assets during the insolvency resolution process.
On this section: Cited to show that compensation can be awarded under Section 357(1)(b) and (3) in Section 138 cases
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In Re: vs Indian Woman Says Gang-raped on Orders
Court's Decision & Legal Precedent
The State has a constitutional duty under Article 21 of the Constitution to protect the fundamental rights of its citizens, including the freedom of choice in marriage and protection from sexual violence. When the State fails to prevent grave violations of these fundamental rights such as gang rape, the State is duty bound to provide substantial monetary compensation to the victim for rehabilitation and must implement systemic reforms including police vigilance, mandatory victim protection procedures under the Criminal Procedure Code, and long-term victim rehabilitation. Panchayats and village councils have no legal authority to order, authorize, or participate in violence or sexual assault, and such acts constitute unlawful assemblies and barbaric crimes deserving harsh punishment. The investigating agency must comply with mandatory procedural requirements including recording rape FIRs and victim statements exclusively by women police officers, invoking all applicable criminal sections, obtaining and certifying all evidence properly, and investigating larger conspiracies if any.
On this section: Court noted this is discretionary and not mandatory; Court applied new Section 357A for mandatory State compensation
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R. Mohan vs A. K. Vijaya Kumar
Court's Decision & Legal Precedent
The court possesses the inherent power and authority under Sections 357(3), 421, and 431 of the Criminal Procedure Code, read in conjunction with Section 64 of the Indian Penal Code, to impose a sentence of imprisonment in default of payment of compensation ordered by it. This power is not ancillary to other sentences but stands independently and is essential to the efficacy of compensation orders. Without such enforcement mechanism, compensation orders would be rendered illusory and the purpose of providing relief to crime victims would be frustrated. Therefore, a sentence in default of payment of compensation is legally valid and enforceable.
On this section: Court's power to order compensation to crime victims out of fines imposed on accused
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Marathappa Radhakrishna Shet vs State of Karnataka
Court's Decision & Legal Precedent
When an accused convicted of financial crimes such as embezzlement and forgery has made full restitution of the embezzled amount and compensated the injured party, and when the accused are elderly persons in deteriorating health, appellate courts may reduce the custodial sentence to the period already undergone by considering the totality of circumstances, while ensuring that the compensation is released to the injured party and such release does not prejudice the accused in other pending cases.
On this section: Compensation for loss or injury caused by offence - applied to treat the deposit of Rs.5,76,000 as compensation to be released to the complainant bank
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O S Narayanasamy vs R Arumugam
Court's Decision & Legal Precedent
The Appellate Court, while exercising power under Section 389 CrPC in an NI Act appeal, may adjust the quantum of interim deposit under Section 148 NI Act if compelling personal hardships such as severe medical illness are sufficiently proved.
On this section: Relates to the order of compensation passed by the trial court.
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BIJU S/O PEREPPADAN DEVAASY vs JOBI S/O PAUL CHANDANATHIL HOUSE,MANGALASSERY DESOM
Court's Decision & Legal Precedent
Once the signature on a cheque is admitted, the statutory presumption under Section 139 of the NI Act must be drawn, and the accused must produce cogent evidence, not just mere suggestions, to rebut it.
On this section: Order to pay compensation.
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K.h.kayyummu Teacher vs State of Kerala
Court's Decision & Legal Precedent
Compensation ordered under Section 357(3) Cr.P.C can be paid in installments through an application under Section 424(1) Cr.P.C filed before the trial court, and the High Court's inherent jurisdiction under Section 482 Cr.P.C is not the appropriate remedy for seeking extension of time for compensation payment. The trial court has the discretion to entertain such applications and grant time extension, particularly when the petitioner bonafidely approached the High Court believing relief was available under Section 482 Cr.P.C.
On this section: Provision under which compensation of Rs. 1,90,000 was ordered by trial court; court clarified that compensation under this section can be paid in installments
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Learned ASG relied upon the decision of this Court in the case of Satyendra Kumar Mehra v. State of Jharkhand[1]( page-3-0) . He pointed out the interpretation put by this Court to Section 357 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC'). He relied upon what is held in paragraph 36 of the said decision. He urged that there is a power to suspend the fine conferred by Section 389 of the CrPC with or without condition. He submitted that the impugned order does not record that the order of …
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… the sentences to run concurrently. 5 The fine has been awarded of the magnitude referred to above considering the shocking facts and circumstances of the case which have been considered in detail and findings Criminal Appeal No. 1726 of 2015 Page 3 of 8 recorded in the judgment dated August 18, 2023. 6 Section 357 of the Code of Criminal Procedure, 1973[2]( page-3-0) provides that whenever fine is imposed as a sentence, the Court may while passing the judgment, order the whole or in part of the fine recovered to be applied as per clauses (a) to (d) of sub-section (1) thereof. Clause (a) provides for defraying the expenses …
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… (5) The interim compensation payable under this Section may be recovered as if it were a fine under Section 421 of the Code of Criminal Procedure, 1973 (2 of 1974). (6) The amount of fine imposed under Section 138 or the amount of compensation awarded under Section 357 of the Code of Criminal Procedure, 1973 (2 of 1974), shall be reduced by the amount paid or recovered as interim compensation under this Section." " 148. Power of Appellate Court to order payment pending appeal against conviction .—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 …
Questions about Section 357
What have the courts held on Section 357 of the Code of Criminal Procedure?
Ankush Shivaji Gaikwad v. State of Maharashtra (03 May 2013) is the leading judgment on this section among those set out below: s.357 order to pay compensation: in every criminal case the court must apply its mind to victim compensation (and to 357A if the State scheme is engaged). Silence is not a lawful exercise of the power (Ankush Shivaji Gaikwad). Another 15 judgments on this section are set out below, 13 of them from the Supreme Court. They run from 2009 to 2024.
How do I find court cases under Section 357 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 357, section 357 CRPC, section 357 of the Code of Criminal Procedure. People searching for it also type crpc 357 in bnss and crpc 357(3). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 16 reported judgments on this section are set out on this page, beginning with Ankush Shivaji Gaikwad v. State of Maharashtra (03 May 2013).
What should I read with Section 357 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 395 (Order to pay compensation), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 357 of the Code of Criminal Procedure come into force?
Section 357 of the Code of Criminal Procedure, cited as CRPC 357, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.