Criminal Procedure Code, 1973, Sections 357(3), 421 and 431

Criminal Procedure Code, 1973—Sections 357(3), 421 and 431—Indian Penal Code, 1860, Section 64—Recovery of compensation directed to be paid by the court and power of court impose a sentence in default of payment of compensation—Held, for the purpose of mode of recovery, compensation is put on par with fine—Thus, if Section 421 of the Code puts compensation ordered to be paid by the court on par with fine so far as mode of recovery is concerned, then there is no reason why the court cannot impose a sentence in default of payment of compensation as it can be done in case of default in payment of fine under Section 64 of the IPC— The High Court, in the present case, was in error in setting aside the sentence imposed in default of payment of compensation under Section 357(3) Cr.P.C. 


File Name:- SC_OCTOBER 2012_1