IPC Section 357
IPC Section 357 outlines the procedure for compensation to victims of crime, ensuring justice beyond punishment.
IPC Section 357 deals with the court's power to order compensation to victims of crime. It ensures that victims receive monetary relief for the loss or injury suffered due to the offence. This section is crucial as it provides a legal mechanism for victims to be compensated alongside the punishment of the offender.
Understanding IPC Section 357 is important because it highlights the restorative aspect of criminal justice. It balances the focus on punishing the offender with the need to address the victim's suffering, promoting fairness and social justice.
IPC Section 357 – Exact Provision
In simple terms, this section allows courts to require the offender to pay money to the victim as compensation for harm caused. This is separate from any punishment like imprisonment or fines. The compensation aims to help the victim recover from the damage suffered.
Enables courts to order monetary compensation to victims.
Applies when a person is convicted of an offence.
Compensation is for loss or injury caused by the crime.
Can be paid to victim or their legal representative.
Supports restorative justice alongside punishment.
Purpose of IPC Section 357
The main objective of IPC Section 357 is to provide relief to victims by compensating them for the harm caused by criminal acts. It recognizes that punishment alone may not address the victim's needs. This section promotes fairness by ensuring offenders contribute to the victim's recovery.
To provide monetary relief to victims of crime.
To supplement the punitive measures with restorative justice.
To encourage courts to consider victim's losses during sentencing.
Cognizance under IPC Section 357
Cognizance under Section 357 is taken when a person is convicted of an offence. The court then has the discretion to order compensation. It is not an independent offence but linked to the conviction of the main crime.
Only after conviction of the offender can compensation be ordered.
Cognizance is part of the sentencing or post-conviction process.
Victim or legal representatives may apply for compensation.
Bail under IPC Section 357
Since IPC Section 357 deals with compensation and not a separate offence, the question of bail does not arise under this section. Bail considerations depend on the main offence for which the accused is charged.
Not an offence by itself; no bail provisions under this section.
Bail depends on the primary offence committed.
Compensation order is part of sentencing, not arrest or trial.
Triable By (Which Court Has Jurisdiction?)
The power to order compensation under IPC Section 357 lies with the court that tries the main offence. This can be a Magistrate's Court or Sessions Court depending on the offence's nature and severity.
Magistrate's Court can order compensation for offences triable by it.
Sessions Court can order compensation for serious offences.
Higher courts may also direct compensation in appeals or revisions.
Example of IPC Section 357 in Use
Consider a case where a person is convicted of causing hurt under IPC Section 323. The court, after convicting the offender, orders him to pay Rs. 50,000 as compensation to the victim for medical expenses and pain suffered. If the court had not ordered compensation, the victim would have to bear all costs alone. In contrast, if the offender was acquitted, no compensation order could be made under this section.
Historical Relevance of IPC Section 357
IPC Section 357 has evolved to strengthen victim rights in criminal proceedings. Originally, Indian criminal law focused mainly on punishing offenders. Over time, the need to address victims' losses led to introducing compensation provisions.
Introduced as part of IPC amendments to include victim compensation.
Expanded through judicial interpretations to cover various losses.
Landmark cases emphasized victim's right to compensation.
Modern Relevance of IPC Section 357
In 2025, IPC Section 357 remains vital in promoting restorative justice. Courts increasingly use this provision to ensure victims are not left helpless. Social awareness about victim rights has grown, and courts have interpreted compensation broadly to include medical, psychological, and property losses.
Court rulings have broadened scope of compensable losses.
Supports government schemes for victim compensation.
Encourages offenders to take responsibility for harm caused.
Related Sections to IPC Section 357
Section 357A – Victim Compensation Scheme
Section 375 – Rape (related to victim protection)
Section 304A – Causing death by negligence (compensation relevance)
Section 320 – Compounding of offences (settlement aspects)
Section 426 – Mischief (property damage compensation)
Case References under IPC Section 357
- State of Punjab v. Gurmit Singh (1996 AIR 1393, SC)
– Court emphasized the importance of compensation to victims alongside punishment.
- Delhi Domestic Working Women's Forum v. Union of India (1995 AIR 922, SC)
– Highlighted the need for victim relief and compensation in cases of sexual offences.
- Union of India v. Prakash P. Hinduja (2003 AIR 3057, SC)
– Affirmed courts' discretion in awarding compensation under Section 357.
Key Facts Summary for IPC Section 357
- Section:
357
- Title:
Compensation to Victims
- Offence Type:
Not an offence; relates to compensation post-conviction
- Punishment:
Monetary compensation as ordered by court
- Triable By:
Magistrate or Sessions Court depending on main offence
Conclusion on IPC Section 357
IPC Section 357 plays a crucial role in the Indian criminal justice system by ensuring that victims receive compensation for the harm caused by offences. It complements the punitive measures by focusing on the victim's recovery and rehabilitation. This section reflects a balanced approach to justice, recognizing both offender accountability and victim rights.
As society advances, the importance of victim compensation grows. Courts continue to interpret Section 357 expansively to cover various forms of loss. This provision strengthens trust in the legal system by addressing the needs of victims alongside punishing offenders, making justice more comprehensive and humane.
FAQs on IPC Section 357
What is the main purpose of IPC Section 357?
Its main purpose is to allow courts to order offenders to pay compensation to victims for losses caused by the offence.
Can compensation be ordered without convicting the offender?
No, compensation under Section 357 can only be ordered after the offender is convicted of an offence.
Is IPC Section 357 an offence by itself?
No, it is not an offence but a provision for ordering compensation post-conviction.
Which courts can order compensation under this section?
Both Magistrate and Sessions Courts can order compensation depending on the offence tried.
Does IPC Section 357 cover all types of losses?
It covers losses caused by the offence, including physical, financial, and sometimes psychological harm, as interpreted by courts.