CrPC 357→BNSS 395

CrPC 357 to BNSS 395: Order to pay compensation

Section 357 CrPC (1973) replaced by Section 395 BNSS (2023)

View CrPC Section 357 →View BNSS Section 395 →

CrPC 357 to BNSS 395 at a Glance

Section 357 CrPC (Order to pay compensation) is now Section 395 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 357 to BNSS 395?

Section 357 of the Code of Criminal Procedure, 1973 became Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with the substantive rule across all sub-sections unchanged. Only changes of form were made between the texts. First, the section was renumbered from Section 357 CrPC to Section 395 BNSS, with Section 357(1) through Section 357(5) CrPC mapping directly to Section 395(1) through Section 395(5) BNSS. Second, Section 395(1)(c) BNSS omits the parenthetical citation 13 of 1855 after the Fatal Accidents Act, 1855. Third, Section 395(2) BNSS adds a comma after the word appeal.

CrPC 357 vs BNSS 395: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section357395
HeadingOrder to pay compensationSame
Sub-sections5 sub-sectionsSame

CrPC 357 and BNSS 395: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 357, CrPC 1973

357. Order to pay compensation.—(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.
BNSS 2023 (in force)

Section 395, BNSS 2023

395. Order to pay compensation.—(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, 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.

When It Applies: CrPC 357 vs BNSS 395

Under CrPC 357
  1. When a court imposes a sentence of fine or any sentence including death of which fine forms a part, the court may when passing judgment under Section 357(1) of the Code of Criminal Procedure, 1973 order all or part of the recovered fine to pay properly incurred prosecution expenses or to compensate any person for loss or injury caused by the offence if, in the opinion of the court, that compensation is recoverable in a civil court.
  2. Where a fine forms part of the sentence for a conviction of causing the death of another person or abetting that offence, the court may apply the recovered fine under Section 357(1)(c) CrPC to compensate the persons entitled under the Fatal Accidents Act, 1855 to recover damages from the person sentenced for the resulting loss.
  3. Where a fine forms part of the sentence upon conviction for an offence including theft, criminal misappropriation, criminal breach of trust, cheating, or dishonestly receiving, retaining, or voluntarily assisting in disposing of stolen property knowing or having reason to believe it is stolen, the court may under Section 357(1)(d) CrPC compensate a bona fide purchaser for losing that property if it is restored to the person entitled to possession.
  4. When a court imposes a sentence of which fine does not form a part, it may when passing judgment under Section 357(3) CrPC order the accused person to pay a specified amount as compensation to the person who suffered any loss or injury from the act for which the accused was sentenced.
  5. An Appellate Court, or the High Court or a Court of Session acting in revision, may also make a compensation order under Section 357(4) CrPC.
  6. When awarding compensation in a subsequent civil suit on the same matter, the civil court shall under Section 357(5) CrPC take into account any sum already paid or recovered as compensation under Section 357 CrPC.
Under BNSS 395
  1. When a court imposes a sentence of fine or any sentence including death of which fine forms a part, the court may when passing judgment under Section 395(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 order all or part of the recovered fine to pay properly incurred prosecution expenses or to compensate any person for loss or injury caused by the offence if, in the opinion of the court, that compensation is recoverable in a civil court.
  2. Where a fine forms part of the sentence for a conviction of causing the death of another person or abetting that offence, the court may apply the recovered fine under Section 395(1)(c) BNSS to compensate the persons entitled under the Fatal Accidents Act, 1855 to recover damages from the person sentenced for the resulting loss.
  3. Where a fine forms part of the sentence upon conviction for an offence including theft, criminal misappropriation, criminal breach of trust, cheating, or dishonestly receiving, retaining, or voluntarily assisting in disposing of stolen property knowing or having reason to believe it is stolen, the court may under Section 395(1)(d) BNSS compensate a bona fide purchaser for losing that property if it is restored to the person entitled to possession.
  4. When a court imposes a sentence of which fine does not form a part, it may when passing judgment under Section 395(3) BNSS order the accused person to pay a specified amount as compensation to the person who suffered any loss or injury from the act for which the accused was sentenced.
  5. An Appellate Court, or the High Court or a Court of Session acting in revision, may also make a compensation order under Section 395(4) BNSS.
  6. When awarding compensation in a subsequent civil suit on the same matter, the civil court shall under Section 395(5) BNSS take into account any sum already paid or recovered as compensation under Section 395 BNSS.

Time Limits: CrPC 357 to BNSS 395

Under CrPC 357
  • Where a fine is imposed in an appealable case, Section 357(2) of the Code of Criminal Procedure, 1973 bars making any payment out of that fine before the period allowed for presenting the appeal has elapsed, or if an appeal is presented, before the decision of the appeal.Act text: “no such payment shall be made before the period allowed for presenting the appeal has elapsed”
Under BNSS 395
  • Where a fine is imposed in an appealable case, Section 395(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars making any payment out of that fine before the period allowed for presenting the appeal has elapsed, or if an appeal is presented, before the decision of the appeal.Act text: “no such payment shall be made before the period allowed for presenting the appeal has elapsed”

What CrPC 357 to BNSS 395 Means in Practice

Because the changes between Section 357 of the Code of Criminal Procedure, 1973 and Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are only of form, the powers and duties of courts are unchanged. From 1 July 2024, the provision is found in Section 395 BNSS. Courts passing judgment, Appellate Courts, and revisional courts exercise the same power to order compensation, subject to the same appeal period restriction and subsequent civil suit adjustment rule.

FAQs: CrPC 357 to BNSS 395

Did Section 395 BNSS change the rules for ordering compensation compared to Section 357 CrPC?▼

No, the legal rules for ordering compensation are unchanged between Section 357 of the Code of Criminal Procedure, 1973 and Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both provisions empower the court passing judgment, as well as an Appellate Court or the High Court or Court of Session in revision, to apply a recovered fine for prosecution expenses or compensation, or to order compensation when fine does not form part of the sentence.

What is the wording difference in Section 395(1)(c) BNSS compared to Section 357(1)(c) CrPC?▼

In Section 357(1)(c) of the Code of Criminal Procedure, 1973, the Fatal Accidents Act, 1855 is followed by its parenthetical Act number 13 of 1855. In Section 395(1)(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023, that parenthetical reference is omitted. This is solely a change of form, and the rule allowing recovered fine money to compensate persons entitled to damages under the Fatal Accidents Act, 1855 upon conviction for causing or abetting death is unchanged.

How do the sub-sections of Section 357 CrPC map to Section 395 BNSS from 1 July 2024?▼

From 1 July 2024, the entire provision of Section 357 of the Code of Criminal Procedure, 1973 is found in Section 395 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Each sub-section keeps the same sub-section number: Section 357(1), Section 357(2), Section 357(3), Section 357(4), and Section 357(5) CrPC correspond to Section 395(1), Section 395(2), Section 395(3), Section 395(4), and Section 395(5) BNSS, with no new sub-sections added and no powers deleted.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·