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Head Note

The Code of Criminal Procedure, 1973  - Section 357 (3) , Section 421

Compensation - Default Sentence - Whether the court can award a sentence in default of payment of compensation? - Held - In terms of Section 357(3) compensation is awarded for the loss or injury suffered by the person due to the act of the accused for which he is sentenced - If merely an order, directing compensation, is passed, it would be totally ineffective - If Section 421 of the Code puts compensation ordered to be paid by the court on par with fine so far as mode of recovery is concerned, then there is no reason why the court cannot impose a sentence in default of payment of compensation as it can be done in case of default in payment of fine under Section 64 of the IPC. It is obvious that in view of this, in Vijayan, this court stated that the above mentioned provisions enabled the court to impose a sentence in default of payment of compensation and rejected the submission that the recourse can only be had to Section 421 of the Code for enforcing the order of compensation. Pertinently, it was made clear that observations made by this Court in Hari Singh are as important today as they were when they were made. The conclusion, therefore, is that the order to pay compensation may be enforced by awarding sentence in default.

Topic(s)-Default Sentence , Compensation

Important Decision(s)- An order, directing compensation, is passed, it would be totally ineffective - order to pay compensation may be enforced by awarding sentence in default.