THE NATIONAL LAW INSTITUTE UNIVERSITY

CRIMINAL LAW PROJECT

TOPIC- CASE ANALYSIS
Suresh & Anr vs State Of Haryana
2014 cr.L.J551

SUBMITTED TO

SUBMITTED BY

PROF DIVYA SALIM MAAM

NANCY SONI
2012 BALLB 22

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CONTENTS
1 .INTRODUCTION OF THE CASE 3
2 .MATERIAL FACTS.4
3. ISSUES.4
4. ARGUMENTS..5
5.JUDGEMENT6
6.CRITICAL ANALYSIS
A) DISCUSSION
B) RELATED SECTIONS OF CRPC
C) OTHER CASES RELATED TO THE ORIGIONAL
D) MY OPINION
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BIBLIOGRAPHY.....................................................................

INTRODUCTION

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This case was decided on 28 November, 2014 by two judge bench j. V. Gopala Gowda,
Adarsh Kumar Goel. This case deals with section 357,357 Aof the code of criminal
procedure.The provision has been incorporated in the Cr.P.C. vide Act V of 2009 and the
amendment duly came into force in view of the Notification dated 31st December, 2009. The
object and purpose of the provision is to enable the Court to direct the State to pay
compensation to the victim where the compensation under Section 357 was not adequate or
where the case ended in acquittal or discharge and the victim was required to be rehabilitated.
The provision was incorporated on the recommendation of 154th Report of Law
Commission. It recognizes compensation as one of the methods of protection.

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Material facts:1. X And his son y had left their factory for their house but did not reach their house.
2. They had been kidnapped and ransom of rupees fifty lakhs was demanded for their
release.
3. Family could not fulfill the demand and offer to pay rupees ten lakhs was not
accepted by the kidnappers but negotiations continued.
4. The police was not informed on account of the fear that the victims may be killed as
was threatened.
5. One of the accused made a disclosure statement that the victims x and y had been
killed and their bodies thrown in gutters.
6. The de facto complainant filed Criminal Revision for compensation to the family
members of deceased.

Issues:- Whether Courts have a duty to advert to the question of awarding compensation
to the victim and record reasons while granting or refusing relief to them Under Section
357 & 357-A, ?

Arguments from the appellant

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1. There is no express provision in the Code which authorizes a Magistrate to make an

interim order directing payment of maintenance pending disposal of an application for
maintenance.
2. This is an impied power, the recognition of such implied power would lead to the
passing of interim orders in a large number of cases where the liability to pay
maintenance may not exist.
3. The Court has no legal duty to award compensation irrespective of conviction or
acquittal as this a civil remedy.

Arguments from the state

1. Victim of a crime or his kith and kin have legitimate expectation that the State will
punish the guilty and compensate the victim.
2. Even if the accused is not tried but the victim needs to be rehabilitated, the victim
may request the State or District Legal Services Authority to award him/her
compensation. This provision was introduced due to the recommendations made by
the Law Commission of India in its 152nd and 154th Reports in 1994 and 1996
respectively.
3. The victims have right to get justice, to remedy the harm suffered as a result of crime.
This right is different from and independent of the right to retribution, responsibility
of which has been assumed by the State in a society governed by Rule of Law. But if
the State fails in discharging this responsibility, the State must still provide a
mechanism to ensure that the victim's right to be compensated for his injury is not
ignored or defeated.
4. Right of access to justice under Article 39-A and principle of fair trial
mandate right to legal aid to the victim of the crime. It also mandates
protection to witnesses, counselling and medical aid to the victims of the
bereaved family and in appropriate cases, rehabilitation measures
including monetary compensation.

Judgement
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Trial Court:- convicted and sentenced the appellants for kidnapping and

murder and

concealing evidence in conspiracy and by common intention. All the accused stand sentenced
to undergo imprisonment for life and other lesser sentences.
High court:-affirmed the decion of the trial court. Criminal Revision No.1477 of 2004 for
compensation to the family members of deceased was been dismissed by the
High Court without any reason.

Supreme court:-while dismissing the appeal, we direct that the widow of Devender Chopra,
who is mother of deceased Abhishek Chopra representing the family of the victim be paid
interim compensation of rupees ten lacs. It will be payable by the Haryana State Legal
Services Authority within one month from receipt of a copy of this order. If the funds are not
available for the purpose with the said authority, the State of Haryana will make such funds
available within one month from the date of receipt of a copy of this judgment and the Legal
Services Authority will disburse the compensation within one month thereafter.

Critical analysis
The provision has been incorporated in the Cr.P.C. vide Act V of 2009 and the amendment
duly came into force in view of the Notification dated 31st December, 2009. The object and
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purpose of the provision is to enable the Court to direct the State to pay compensation to the
victim where the compensation under Section 357 was not adequate or where the case ended
in acquittal or discharge and the victim was required to be rehabilitated. The provision was
incorporated on the recommendation of 154th Report of Law Commission. It recognises
compensation as one of the methods of protection of victims. In numerous cases, to do justice
to the victims, the Hon'ble Supreme Court has directed payment of monetary compensation
as well as rehabilitative settlement where State or other authorities failed to protect the life
and liberty of victims1 Expanding scope of Article 21 is not limited to providing
compensation when the State or its functionaries are guilty of an act of commission but also
to rehabilitate the victim or his family where crime is committed by an individual without any
role of the State or its functionary. Apart from the concept of compensating the victim by way
of public law remedy in writ jurisdiction, need was felt for incorporation of a specific
provision for compensation by courts irrespective of the result of criminal prosecution.
Accordingly, Section 357A has been introduced in the Cr.P.C. the Code of Criminal
Procedure of 1898 contained a provision for restitution in the form of Section 545

Ingredients of section 357

1. It is for payment of compensation to victims of crimes
2. . At present such compensation can be ordered only when the Court imposes a fine the
amount is limited to the amount of fine.
3. compensation can be awarded irrespective of whether the offence is punishable with
fine and fine is actually imposed, but such compensation can be ordered only if the
accused is convicted.
4. The compensation should be payable for any loss or injury whether physical or
pecuniary and the Court shall have due regard to the nature of injury, the manner of
inflicting the same, the capacity of the accused to pay and other relevant factors.
Section 357A2 under which the Court is empowered to direct the State to pay compensation
to the victim in such cases where "the compensation awarded Under Section 357 is not
adequate for such rehabilitation, or where the case ends in acquittal or discharge and the
victim has to be rehabilitated." Under this provision, even if the accused is not tried but the
1 Kewal Pati Vs. State of U.P. (1995) 3 SCC 600
2 Ins. By Act 5 of 2009, sec 28 (w.e.f.31-12-2009)
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victim needs to be rehabilitated, the victim may request the State or District Legal Services
Authority to award him/her compensation.

LIMITATIONS OF SECTION 357

1. The said provision can be invoked only upon conviction.

2. It can be invoked at the discretion of the judge and subject to financial capacity to pay
by the accused.
3. The long time taken in disposal of the criminal case is another handicap for bringing
justice to the victims who need immediate relief, and cannot wait for conviction,
which could take decades.
4. Further, victims are often unable to make a representation before the Court for want of
legal aid or otherwise.

Essential of section 357A

1. Every State Government in co-ordination with the Central Government shall prepare a
scheme for providing funds for the purpose of compensation to the victim or his
dependents who have suffered loss or injury.
2. Whenever a recommendation is made by the Court for compensation, the District
Legal Service Authority or the State Legal Service Authority, shall decide the
quantum of compensation to be awarded
3. Trial courts satisfaction, that the compensation awarded under section 357 is not
adequate for such rehabilitation.

My opinion

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In a criminal case once punishment is awarded to the accused in a case victim is forgotten by
everyone it should be considered that he is not in a position in which he was before the
happening of the crime,but our legislature Legislature having gone so far as to enact specific
provisions relating to victim compensation.
I totally agree with the decision of the honble supreme court as
they ordered the Haryana legal service authority to pay to the widow of the deceased a sum of
rs ten lakhs within the period of 1 month from the date of the order.

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BIBLIOGRAPHY

1. http://indiankanoon.org/doc/1705664/
2. http://www.deccanherald.com/content/332311/victims-criminalcase-awarded-compensation.html

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