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Report No.264

"357. Order to pay compensation.-

(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied.

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(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

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(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced."

6.4 The provisions for compensation contained in sections 357A and 357B of Cr.P.C. apply to cases covered under sections 326A of IPC (voluntarily causing grievous hurt by use of acid etc.) and section 376D of IPC (gang rape). Keeping in view the heinous nature of crime in those provisions, two proviso have been provided with the intent that the amount of fine to be imposed by the court shall be just and reasonable to meet the medical expenses of treatment of victim and in the latter case for rehabilitation of the victim as well; and any such fine shall be paid to the victim. The quantum of compensation is always determined by taking into account the nature of the crime, the manner in which it has been committed, the justness of claim by the victim and the ability of the accused to pay.

6.5 As we are aware that adulteration of food causes several health problems in humans. Most of the food adulterants are very harmful and toxic; yet, the greed and profit motive encourages anti-social persons for adulteration. Therefore, the tackling of food adulteration is required to be given due importance for its serious effect on the health of the public. From the above, it may be seen that though the offences covered under sections 357A and 357B of Cr.P.C. stand at a different pedestal than the food adulteration; yet, in case where the food adulteration causes grievous injury or where such adulteration results in death seems to be the cases which can be squarely covered under section 357B keeping in view the health hazards due to food adulteration which results in various ailments and premature deaths. Thus, keeping in view the serious nature of the crime, the aforesaid two cases be covered under section 357B of Cr.P.C.

6.6 In strict legal sense crime generally takes in its sweep intentional invasion of personal rights and not those which are accidental, mistaken or irrational or provoked. Chapter XIV of the IPC deals with offences affecting public health, safety, convenience and morals etc. Sections 272 & 273 deals with adulterated or noxious (unfit for human consumption) food or drinks intended for sale, etc. As discussed in Chapter IV, the Food Act may not be occupying the entire field and thus may not render provisions of sections 272 and 273 IPC redundant.

The Supreme Court while deciding the case in Swami Achyutanand Tirth & Ors. (supra) had taken note of the judgement of the Allahabad High Court in M/s Pepsico India Holdings Pvt. Ltd & Anr. (supra) and further noticed that against the said judgement Criminal Appeals no. 472, 476- 478 and 479 of 2012, etc., are pending consideration. Appeals against the said judgements of the Allahabad High Court have been de-tagged from the writ petition in Swami Achyutanand Tirth & Ors. (supra).

6.7 In such a fact situation as the issue as to whether criminal proceedings can be initiated under sections 272 and 273 IPC after commencement of the PFA Act or the Food Act in force, is sub judice it is not appropriate for the Commission to comment upon the merits of the said judgement. Be that as it may, in compliance with the Supreme Court order, a draft Amendment Bill is prepared recommending it for the consideration of the Government. Accordingly, a comparative statement showing the changes proposed in the IPC and CrPC and a draft Amendment Bill prepared by the Law Commission is enclosed at Annexures-A and B respectively.

Sd/-

[Justice Dr. B.S. Chauhan]
Chairman

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Sd/-

Sd/-

[Justice Ravi R. Tripathi]
Member

[Prof. (Dr.) S. Sivakumar]
Member

[Dr. Sanjay Singh]
Member-Secretary

Sd/-

Sd/-

[Suresh Chandra]
Ex-officio Member

[Dr. G. Narayana Raju]
Ex-officio Member



Criminal Law (Amendment) Bill, 2017 - Provisions dealing with Food Adulteration Back




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