Whether Compensation Is Necessary To Help The Victim Get Better Should Be Recommended By The Magistrate And Sessions Judge In The Judgement: HC Of Karnataka

According to the Karnataka High Court, when rendering final judgments following the conclusion of a trial, the Magistrate and Sessions Judge should decide whether or not it is necessary to recommend the payment of compensation for the victim of a crime's rehabilitation under Section 357A of the Criminal Procedure Code.

Background 

D. Reddeppa filed an appeal contesting the dismissal of the charges against the respondent-accused by Principal Sessions Judge, Kolar for violations of Sections 144, 148, 323, 307, 504 and 302 read with Section 149 of the Indian Penal Code. 

Despite noting that the Respondents were granted the benefit of the doubt by the High Court trial court, it was noted that the deceased's husband had been widowed at the age of 40. 
However, the Sessions Court had not yet issued an order under Section 357A of the Code related to the victim's entitlement to compensation.

Judgement 

A division bench of Justice K. Somashekar and Justice Shivashankar Amarannavar stated, "Looking into the welfare object behind Section 357A of the Code, which is apparent from the text of the provision, this Court is of the opinion that the Magistrate and the Sessions Judge while delivering final judgments, after completion of the trial, must pass a reasoned order as to whether there is a need to make a recommendation for payment of compensation for the rehabilitation of the victim of a crime or not."

The bench did issue a warning that the programme should not be abused to file a fraudulent criminal case in order to get compensation under Section 357A of the Code before recommending reparation.