Description

When a Court imposes a sentence of fine, or a sentence (including a sentence of death) where fine is a component, the Court may, at the time of passing judgment, order that the whole or part of the fine be applied in the following ways:

1. To defray the expenses properly incurred during the prosecution.
2. To compensate any person for any loss or injury caused by the offence, provided compensation is, in the Court’s view, recoverable by the person in a Civil Court.
3. In cases where a person is convicted of causing the death of another or of abetting such an offence, to pay compensation to the individuals entitled to recover damages under the Fatal Accidents Act, 1855 (13 of 1855) for their loss due to the death.
4. When a person is convicted of an offence involving theft, criminal misappropriation, criminal breach of trust, cheating, or dishonestly receiving or retaining stolen property (or assisting in disposing of it), to compensate any bona fide purchaser for the loss of the property, provided the stolen property is restored to the rightful owner.

If the fine is imposed in a case that is subject to appeal, no such payment shall be made before the period for filing the appeal has passed. If an appeal is filed, the payment should only be made after the appeal has been decided.

In cases where a Court imposes a sentence that does not include a fine, the Court may, at the time of passing judgment, order the accused to pay compensation to the person who has suffered a loss or injury due to the act for which the accused was sentenced. The amount of compensation will be specified in the order.

Such an order can also be made by an Appellate Court, or by the High Court or Court of Session when exercising its powers of revision.

When awarding compensation in a subsequent civil suit concerning the same matter, the Court will consider any compensation paid or recovered under this section.