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Report No. 142

9.38. Need for amendment of section 357 of Cr. P.C.-

Moreover, under section 357(1) of Cr. P.C. it is only from oat of the fine imposed by the court that compensation can be awarded. And under section 357(3) compensation can be awarded only whilst imposing a sentence other than that of fine. As at present compensation cannot be awarded in matters in which parties compound an offence under section 320 of Code of Criminal Procedure because the compounding usually takes place by agreement between the parties in compoundable matters even before the commencement of trial.

Stipulation for payment of compensation cannot under the circumstances, be made a part of an order of the Court or the Competent Authority without recording a conviction. So also larger amount of compensation cannot be ordered where there is a ceiling on the imposition of fine. In order to give effect to the scheme, it is therefore, necessary to amend this section to enable the competent authority to direct payment of compensation to the aggrieved party even in the absence of a plea of guilty and regardless of whether fine is imposed or not.

That is why it is recommended that section 357 of Cr. P.C. be amended so as to empower the Competent Court to order payment of compensation even in cases where no conviction has been recorded and regardless of whether fine is imposed or not if an offence is compounded before the Court or the Competent Authority under the scheme.

Concessional Treatment for Offenders who on their own initiative choose to plead guilty without any bargaining Back

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