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Report No. 277

Section 365E Factors to be taken into account by the Special Court.-

While adjudicating the quantum of compensation or interest under section 365C or 365D, as the case may be, the Special Court shall take into consideration the following financial and other factors, namely:-

(i) seriousness of the offence; severity of the punishment; the length of incarceration;

(ii) loss or damage to health;

(iii) loss of income or earnings;

(iv) loss or damage to property;

(v) legal fees and other consequential expenses resulting from the wrongful prosecution;

(vi) loss of family life;

(vii) loss of opportunities (of education, of possibilities of livelihood, future earning abilities, skills);

(viii) stigmatization that is harm to reputation or similar damage;

(ix) psychological and emotional harm caused to accused and his family;

(x) such other factors which the Special Court considers necessary as regards the claim in furtherance of justice.



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