Section 357A of CrPC Court's Role Is Only Recommendatory, Court Cannot Fix Any Quantum Of Compensation To Victim: Jharkhand High Court

15th Feb,2021

Section 357A of CrPC Court's Role Is Only Recommendatory, Court Cannot Fix Any Quantum Of Compensation To Victim: Jharkhand High Court

On Thursday, the Jharkhand High Court made essential observations under Section 357A of the Code of Criminal Procedure with regard to the payment of victims' compensation. A Single Bench of Justice Ananda Sen has held that: The position of the Court is recommended by its design and cannot fix any amount of compensation for the victim, nor can it order the authority to pay the victim during the exercise of jurisdiction under CrPC Section 357A. At any stage of the proceedings, including at the stage of consideration of the bail application, the Court may recommend payment of the victim's compensation by way of interim measures. If a person is an accused and the Court is not sure whether or not he has committed the crime, the accused cannot be saddled with the obligation to pay compensation in that case.
The observation was made when a criminal miscellaneous petition was filed against an order of the Judicial Commissioner that granted bail to the accused petitioners but ordered them to jointly pay an amount of Rs.1 lakh, as ad-interim victim compensation, in favour of the informant/victim.
The Single Judge observed that if an individual is an accused person and the Court is not sure whether or not he has committed the crime, the accused cannot be saddled with the responsibility to pay restitution in that case where there is confusion.