Section 395 of BNSS : Section 395: Order to pay compensation.
BNSS
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Explanation using Example
Example 1:
Ravi was convicted of theft and sentenced to six months in prison along with a fine of ₹10,000. The court, while passing the judgment, ordered that ₹5,000 of the fine be used to compensate the shop owner, Mr. Sharma, for the loss of goods stolen by Ravi. The remaining ₹5,000 was directed to cover the expenses incurred during the prosecution of the case.
Example 2:
Sunita was found guilty of causing a fatal accident due to reckless driving. She was sentenced to three years in prison and fined ₹50,000. The court ordered that the entire fine amount be paid as compensation to the family of the deceased, Mr. Kumar, under the Fatal Accidents Act, 1855. The compensation was intended to help Mr. Kumar's family cope with the financial loss resulting from his death.
Example 3:
Ajay was convicted of cheating several individuals by promising them high returns on investments and then absconding with their money. He was sentenced to five years in prison and fined ₹1,00,000. The court ordered that ₹70,000 of the fine be distributed among the victims as compensation for their financial losses. The remaining ₹30,000 was allocated to cover the legal expenses of the prosecution.
Example 4:
Meera was convicted of criminal breach of trust for embezzling funds from her employer. She was sentenced to two years in prison and fined ₹20,000. The court ordered that ₹15,000 of the fine be paid to her employer as compensation for the financial loss. The remaining ₹5,000 was used to defray the costs of the legal proceedings.
Example 5:
Raj was convicted of causing grievous injury to his neighbor, Mr. Verma, during a heated argument. He was sentenced to one year in prison. Although no fine was imposed, the court ordered Raj to pay ₹25,000 as compensation to Mr. Verma for the medical expenses and suffering caused by the injury.
Example 6:
In an appellate court, Suresh's conviction for fraud was upheld, and the court also imposed a fine of ₹30,000. The appellate court ordered that ₹20,000 of the fine be paid to the victims as compensation for their losses, and ₹10,000 be used to cover the prosecution's expenses.
Example 7:
During a revision hearing, the High Court reviewed a case where Priya was convicted of theft and fined ₹15,000. The High Court ordered that the entire fine amount be paid to the victim, Mr. Joshi, as compensation for the stolen property that was not recovered.
Example 8:
In a civil suit filed by Mr. Singh for damages resulting from a car accident, the court took into account that the accused, Ramesh, had already paid ₹40,000 as compensation under a criminal court's order. The civil court adjusted the compensation amount accordingly, ensuring that Mr. Singh did not receive double compensation for the same loss.