Compensate victims of crime: Supreme Court

In a major ruling that aims at assuring the victims of crime that they aren’t forgotten in the dispensation of justice, the Supreme Court says law provides for asking the accused to pay compensation to the aggrieved persons in addition to sentence and cost that goes to the fund for welfare of the poor litigants.

In this context, the apex court reminded a trial court and a high court of section 357(3) of the Code of Criminal Procedure. “It is an important provision but courts have seldom invoked it… It empowers the court to award compensation to victims while passing judgment of conviction,” said a bench of justices P Sathasivam and HL Dattu on Tuesday while disposing of an appeal by a defaulter whose cheque had bounced. A trial court and Kerala high court had imposed a fine and also directed the defaulter to pay compensation to the complainant.

Justifying the order, the judges said in addition to conviction, the court may order the accused to pay compensation to the victim who has suffered because of the accused.

“This power of courts to award compensation is not ancillary to other sentences, but in addition thereto,” the court added. This power was intended to do something to reassure the victim that he or she is not forgotten in the criminal justice system, the apex court said.

“It is a measure of responding appropriately to crime as well of reconciling the victim with the offender,” the bench explained.
Describing the law as “to some extent, a constructive approach to crimes”, the court said it was indeed a step forward in our criminal justice system.

All courts should exercise this power liberally so as to meet the ends of justice in a better way, the apex court said.

Indian criminal law isn’t the only jurisprudence that provides for compensation to the victims of crime, a similar provision is also exists in the United Kingdom.

Section 82(3) of UK Magistrates’ Courts Act, 1980 allows for a sentence of imprisonment for default in payment of a fine or any financial order.

In Australia too, section 4 of the Sentencing Act, 1997 says “fine” includes a compensation order.