(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— (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2) If the 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 be presented, before the decision of the appeal. (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, 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. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.
Bharatiya Nagarik Suraksha Sanhita
Section 395
Order to pay compensation
⚡ Quick Answer Reference: Section 395 BNSS
- Provision: Section 395 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: When a court sentences someone to pay a fine or a sentence that includes a fine, it can order the fine to be used to pay for the costs of the prosecution or to compensate people who have been hurt or lost something because of the crime. This can include paying for the funeral of someone who was killed or compensating someone who bought stolen goods.
What does Section 395 of BNSS say?
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What does Section 395 of BNSS mean?
Plain English Explanation
When a court sentences someone to pay a fine or a sentence that includes a fine, it can order the fine to be used to pay for the costs of the prosecution or to compensate people who have been hurt or lost something because of the crime. This can include paying for the funeral of someone who was killed or compensating someone who bought stolen goods.
Practical Interpretation
In practice, this section means that courts can use fines to compensate victims of crimes, which can help to bring closure and justice to those affected. This can also help to reduce the financial burden on victims and their families.
Core Legal Purpose
The core purpose of this section is to provide a way for courts to use fines to compensate victims of crimes, which is an important part of the criminal justice system in India.
- •The court must have imposed a sentence of fine or a sentence that includes a fine.
- •The fine must be imposed in a case that is subject to appeal.
- •The court must be satisfied that the compensation is recoverable by the person in a civil court.
- •The fine must not be paid before the period allowed for presenting an appeal has elapsed, or if an appeal is presented, before the decision of the appeal.
Practical Example of Section 395 BNSS
Rajesh is convicted of causing the death of his friend, Priya, in a car accident. The court orders Rajesh to pay a fine of Rs. 10,000, which is used to compensate Priya's family for their loss. The court also orders Rajesh to pay Rs. 5,000 to Amit, who bought a stolen phone from Rajesh's friend. In this case, the court uses the fine to compensate the victims of Rajesh's crime, which helps to bring closure and justice to those affected.
Frequently Asked Questions about Section 395 BNSS
Q: What is the punishment or consequence under Section 395 of BNSS?
The punishment or consequence under Section 395 of BNSS is that the court can order the accused person to pay a fine, which can be used to compensate victims of crimes.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision that can be applied in a wide range of cases.
Q: Is an offence under this section bailable or cognizable?
This section is a civil provision and does not relate to criminal classification. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 395 BNSS
What is Section 395 of BNSS?
Section 395 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order to pay compensation". In plain terms: When a court sentences someone to pay a fine or a sentence that includes a fine, it can order the fine to be used to pay for the costs of the prosecution or to compensate people who have been hurt or lost something because of the crime. This can include paying for the funeral of someone who was killed or compensating someone who bought stolen goods.
What is the punishment under Section 395 of BNSS?
Section 395 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 395 of BNSS bailable or non-bailable?
Section 395 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 395 of BNSS?
The essential elements of Section 395 of BNSS are: The court must have imposed a sentence of fine or a sentence that includes a fine.; The fine must be imposed in a case that is subject to appeal.; The court must be satisfied that the compensation is recoverable by the person in a civil court..
What is the IPC equivalent of Section 395 of BNS?
Section 395 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 360 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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