order to pay compensation can be enforced by awarding sentence in default
. MOHAN … APPELLANT Vs. A.K. VIJAYA KUMAR … RESPONDENT supreme court dated3july 2012
AND
CRIMINAL APPEAL NO.884 OF 2012
[Arising out of Special Leave Petition (Crl.) No.3327 of 2012]
A.K. VIJAYA KUMAR … APPELLANT Vs. R. MOHAN … RESPONDENT
Head Note:-
Criminal Procedure Code, 1973 – Sections 357(3) and 421 - Compensation – Default Sentence - The order to pay compensation may be enforced by awarding sentence in default.
Whether the court can award a sentence in default of payment of compensation?
Held:- The idea behind directing the accused to pay compensation to the complainant is to give him immediate relief so as to alleviate his grievance. 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. It could be an order without any deterrence or apprehension of immediate adverse consequences in case of its non- observance. The whole purpose of giving relief to the complainant under Section 357(3) of the Code would be frustrated if he is driven
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