Sunday, February 5, 2023

"Question of Interim Victim compensation cannot form Part of Bail Jurisprudence" : Supreme Court

 There are several cases filed every year.

It was propounded at page 1 of Talat Sanvi v State of Jharkhand [2023] GCtR 320 (SC) thus : - 

"Question of interim victim compensation cannot form part of the bail jurisprudence."

It was also noted at page 3 thus : - 

"Section 357 of the Code of Criminal Procedure provides for order to pay compensation when a court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part in the circumstances enumerated therein. Sub-section (2) imposes a limitation that when 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 is presented, before the decision of the appeal. Under sub-section (3) it is by way of compensation for the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. Sub-section (4) also provides for the appellate court or the High Court or Court of Sessions to direct payment of compensation when exercising its power of revisions."

Further noted at page 4 thus : - 

"Victim compensation is simultaneous with the final view taken in respect of the alleged offence, i.e., whether it was so committed or not and, thus, there is no question of any imposition pre-finality of the matter pre-trial."

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