Section 357 CrPC: Order to Pay Compensation
Section 357 of the Code of Criminal Procedure, 1973 allowed criminal courts to direct compensation to victims and other eligible persons. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 395 BNSS.
What does Section 357 CrPC mean?
It permits a sentencing court to allocate money recovered as a criminal fine towards prosecution costs, compensation for loss or injury, damages following a death, or reimbursement of certain bona fide purchasers of stolen property. Where the sentence does not include a fine, the court may separately direct the convicted person to pay compensation to the person injured by the offence.
Section 395 BNSS: Current law explained
Subsection (1): Applying fine proceeds
Where a court imposes a fine, including a sentence in which a fine forms one component, it may direct that all or part of the fine recovered be used for:
- Prosecution expenses: Properly incurred expenses of the prosecution.
- Victim compensation: Loss or injury caused by the offence where the court considers civil recovery available.
- Compensation following death: Payment to persons entitled to damages under the Fatal Accidents Act, 1855, where conviction concerns causing or abetting a death.
- Bona fide purchasers: Compensation for loss of property to an innocent purchaser when stolen property is restored to its rightful owner, in the specified property offences.
Subsection (2): Restriction pending appeal
When a fine is imposed in a case subject to appeal, payment from the fine must wait until the time allowed for appeal has expired or, if an appeal is filed, until it has been decided.
Subsection (3): Compensation without a fine
Where the court imposes a sentence of which a fine does not form a part, it may order the convicted person to pay a specified sum to a person suffering loss or injury from the act for which the person was sentenced.
Subsection (4): Appellate and revisional courts
An appellate court, or the High Court or Court of Session exercising revision powers, may also make a compensation order under this section.
Subsection (5): Subsequent civil proceedings
If a civil court later awards compensation concerning the same matter, it must take account of sums already paid or recovered as compensation under this provision.
Practical points for courts and litigants
- Compensation is distinct from a fine: A fine is part of the criminal sentence; compensation is directed towards eligible persons or purposes as permitted by law.
- Recovery and timing matter: An allocation from a fine depends on the amount actually recovered and the appeal-related restrictions.
- Reasons and evidence matter: The nature of the injury, supporting records, ability to pay and applicable judicial principles can affect the order.
- Separate state-funded relief: CrPC Section 357A corresponds to the victim compensation scheme under BNSS Section 396, administered through legal services authorities under the statutory scheme. It is not identical to compensation ordered against an offender under Section 395.
Original Section 357 CrPC: Subsection-wise explanation
The earlier Section 357 contained the same five central elements: (1) application of fines to specified purposes; (2) deferral of payment during the appeal period; (3) compensation where no fine forms part of the sentence; (4) orders by appellate or revisional courts; and (5) accounting for criminal compensation in subsequent civil suits. These provisions remain relevant when the old Code governs a saved proceeding.
State amendments recorded in the original CrPC article
The original page also reproduces amendments concerning compensation for victims belonging to Scheduled Castes or Scheduled Tribes. The following archival material is retained for historical and jurisdiction-specific reference. Its current application under BNSS must be checked against the relevant state enactment, adaptation, repeal and judicial interpretation; these CrPC amendments should not automatically be treated as amendments to Section 395 BNSS.
Karnataka
Amendments of section 357. - In section 357 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974).- (1) In section 357, in sub-section (1), after the words "the Court may" the brackets, figures and words "and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the accused person doesn't belong to a Scheduled Caste or a Scheduled Tribe the Court shall", shall be inserted: (2) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) When a Court imposes a sentence of which the fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses (24) and (25) of article 366 of the Constitution and the accused person does not belong to a Scheduled Caste or a Scheduled Tribe, the Court shall, 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". [Vide Karnataka Act 27 of 1987, s. 2].
Madhya Pradesh
Amendment of section 357.-In section 357 of the Principal Act, - (i) In sub-section (1), for the brackets, figure and words "(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" the brackets, figure and words "(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, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) and of Article 366 of the Constitution except when both the accused person and the person against whom an offence is committed belong cither to such Castes or Tribes, the Court shall, when passing judgment, order the whole or any part of the fine recovered to be applied-"shall be substituted; and (ii) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) When Court imposes a sentence, of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of Article 366 of the Constitution, the Court shall 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: "Provided that the Court may not order the accused person to pay by way of compensation any amount if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes." [Vide Madhya Pradesh Act 29 of 1978, s. 3.]
West Bengal
In section 357 of the principal Act,- (a) In sub-section (1), for the words and brackets "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-", the words and brackets "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, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, except when both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes shall, when passing judgment, order the whole or any part of the fine recovered to be applied-" shall be substituted; (b) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, shall, 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: Provided that the Court may not order the accused person to pay by way of compensation, any amount if both the accused person and the person against whom an offence has been committed belong either to Scheduled Castes or to Scheduled Tribes."; (c) after sub-section (5), the following Explanation shall be inserted:- 'Explanation.-For the purposes of the section the expression "Scheduled Castes" and "Scheduled Tribes" shall have the meaning respectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution of India.'. [Vide West Bengal Act 33 of 1985, s. 3.]
Andhra Pradesh and Telangana
Amendment of section 357 Central Act 2 of 1974.-In the Code of Criminal Procedure, 1974 in its application to the State of Andhra Pradesh, in section 357,- (i) in sub-section (1), after the words "the Court may", the expression "and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of article 366 of the Constitution of India except when both the accused persons and the person against whom an offence is committed belong either to such castes or tribes, the Court shall, "shall be inserted and (ii) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) When a Court imposes a sentence of which fine does not form a part, the Court may, and where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of article 366 of the Constitution of India, the Court Shall, 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: Provided that the Court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the Scheduled Castes or the Scheduled Tribes. [Vide Andhra Pradesh Act 21 of 1993, s. 2]
Uttar Pradesh
In section 357 of the Code of Criminal Procedure, 1973, - (a) in sub-section (1), after the clause (d), the following proviso shall be inserted, namely :- "Provided that if a person who may receive compensation under clauses (b), (c) and (d) is a member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes, the Court shall order the whole or any part of the fine recovered to be applied in payment of such compensation." [Vide Uttar Pradesh Act 17 of 1992, s. 2]
Frequently asked questions
Which BNSS section replaces Section 357 CrPC?
Section 395 BNSS is the corresponding provision on orders to pay compensation.
Can compensation be ordered without a fine?
Yes. Under Section 395(3) BNSS, a court may direct the convicted person to pay compensation when the sentence does not include a fine.
Can compensation be paid immediately when an appeal is possible?
Payment from a fine under Section 395(1) is subject to the appeal-related waiting rule in Section 395(2).
Is victim compensation under BNSS Section 396 the same?
No. Section 396 establishes a state-supported victim compensation scheme, while Section 395 empowers criminal courts to make compensation orders in connection with sentencing.
Official statutory references
Consult the Bureau of Police Research and Development BNSS reference PDF, the India Code statutory database and the NCRB BNSS chapter resources for official legislative material. Refer also to CrPC Section 357B and CrPC Section 357C for related historical provisions.
Editorial update: 18 October 2026. This article provides general legal information; the statutory text, state-specific provisions and current case law control in any particular matter.