BNSS 395 — Order to pay compensation.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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—
(a) in defraying the expenses properly incurred in the prosecution;
(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;
(c) when any person is convicted of any offence for having caused the death of another person or
of having abetted the commission of such an offence, in paying compensation to the persons who are,
under  the  Fatal  Accidents  Act,  1855  (13  of  1855),  entitled  to  recover  damages  from  the  person
sentenced for the loss resulting to them from such death;
(d) when any person is convicted of any offence which includes theft, criminal misappropriation,
criminal  breach  of  trust,  or  cheating,  or  of  having  dishonestly  received  or  retained,  or  of  having
voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be
stolen,  in  compensating  any bona  fide purchaser  of  such  property  for  the  loss  of  the  same  if  such
property is restored to the possession of the person entitled thereto.
(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before
the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision
of the appeal.
(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.
(4) An order under this section may also be made by an Appellate Court or by the High Court or Court
of Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the
Court shall take into account any sum paid or recovered as compensation under this section.

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