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Divya (nil)     27 June 2012

Ipc section for claiming huge monetary compensation / damage

Hello all

I have filed a criminal complaint against bank and other plice offcials under various ipc sections like 420, 506, 500 etc...

I also want to make another application and request the court to grant exemplary damages in the criminal proceeding....is there a way out & under what of CR.Pc should I make an application so that I can claim huge monetary compensation / damage.......



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 June 2012

 

The legislative framework in Indian regarding compensation to victim of crime can be trace through two major legislations i.e. Code of Criminal Procedure, 1973 and Probations of Offenders Act and Constitution of India. Under the provisions of code of criminal Procedure the power to award compensation is vested under section 357 . The plain reading of the section shows that sub-section (1) and (3) vests power on the trail court to award compensation and sub-section (4) gives power even to appellant or revision court to order for compensation. Sub section (1) empowers the courts to appropriate the whole or any portion of fine recovered for the purpose mentioned in the clauses to the sub section, under which Clause (b) is most important and of our use . It demands that claim of compensation must be accompanied by following conditions :
1. Loss or injury suffered
2. Loss or injury must be caused by the offence
3. Such person can recover the compensation in a civil court

Sub section (3) empowers the court, in its discretion, to order the accuse to pay compensation even though fine does not form part of compensation and hence although inserted in 1973 added new positive dimension to Indian philosophy of compensation.

Probation of Offenders Act vide its section 5 empowers the trail court to order for compensation. The plain reading of this section clearly shows that the power in case of this Act vests only with the trail court and non-else . The whole discussion about legislative framework is incomplete until Section 431 and 421 of Cr.P.C. is read with above two substantive sections. Section 421 provides for means to recover the fine by attachment and sale of movable property of the offender and also from both movable and immovable as arrears of land revenue . Section 431 empowers the courts to recover any money (other than fine) payable by virtue of any order made under as if it were fine if method for its recovery is not expressly provided . As far as the Constitutional scheme is concern it is to be noted that it is out come of various decision of Supreme Court of India either by reading Part third rights (in some cases part four as well) with Art. 32, 136 and 142 of Constitution of India , which is to be given either by the state or accuse.

Hence the whole gamete of legislative framework about compensation can be summarized in following way:
ü Compensation from State, which is out come of Judicial Imposition or some times, even ex-gratia under Constitution of India.
ü Compensation from an offender which is out come either as a part of fine or allocation of specific sum to victim either under Cr.P.C. or Constitution of India.


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