Filing of compensation in court.
Indra Rongphar
(Querist) 04 August 2018
This query is : Resolved
Sir,
An FIR was lodged against a person on 22/07/2016 and a case was registered U/S 120(B)/387/419/506/34 IPC. Later
on, the case had been disposed by the CJM Court on the 02/04/2018. Now the person desire to file petition for compensation in the court, what is the admissible period for filing compensation petition w.e.f. disposal of the case ?
Vijay Raj Mahajan
(Expert) 04 August 2018
If no appeal or revision pending against the order of trail court, civil suit for compensation can be filled against the complainant.
The trail court could have allowed financial compensation at the time of final disposal of the criminal complaint case if that was pleaded by the accused.
Now a separate civil suit for compensation can be filled for defamation by the respondent/accused against the complainant in civil court.
Sudhir Kumar, Advocate
(Expert) 06 August 2018
facts are not clear.
what is decisions the court and in whose favour.
Dr J C Vashista
(Expert) 06 August 2018
I endorse the view and opinion of expert Mr. Sudhir Kumar, facts are quite vague; whereas, expert Mr. Vijay Raj Mahajan has opined/advised on the basis of certain presumptions, (if I am not wrong).
Vijay Raj Mahajan
(Expert) 06 August 2018
I don't comments on assumptions and presumptions. There is provision section 357 of the Criminal Procedure Code for the court to pay compensation.
Section 357(1)(b) clearly states: 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 " (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;"
