At The Stage Of Bail, Compensation Cannot Be Imposed On Victims: SC

BACKGROUND OF THE CASE

• In the present case, the High Court had granted bail to the accused but under one condition.
• They must pay Rupees 2 Lakhs each to the victims as compensation.

CASE BEFORE THE APEX COURT

• The accused, before the Apex Court, appeased that compensation arises only after a trial is conducted as given under Section 357 of CrPC.
• A sentence cannot be pronounced without a full-fledged trial and hence, no compensation can be given.

WHAT IS SECTION 357 CrPC

• Section 357 of CrPC gives the provision to order to pay the compensation.
• It lays down certain conditions which must be applied while imposing a sentence of fine or a sentence which forms a part of fine.
• And if fine is not a part of the sentence, then the Court, while ordering the accused to pay compensation, must specify the order to the person who has suffered the loss or injury by the reason of the act as to why the accused has been so sentenced.

COURT’S OBSERVATION

• The Court observed that, in offences against the body, the way compensation is provided to victims must be a methodology for redemption.
• Compensation is to be provided to prevent unnecessary criminal proceedings.
• But for the cases against property or otherwise, compensation cannot be deposited as a condition for the person being enlarged on bail.

COURT’S ORDER

• In view of this case, the Court set aside the condition to deposit Rupees 2 Lakhs to the victims as compensation.
• Instead, the Court imposed the condition that the appellants will not enter the geographical area of Amreli for 6 months from now, other than going to the police station or for attending Court proceedings.

WHAT ARE YOUR VIEWS ON THIS?