Section 395 BNSS: Order to pay compensation

Section 395 BNSS Bare Act Text

(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.

Source: Section 395, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 395 BNSS in Simple Words

When Section 395 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.
• 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 Under Section 395 BNSS

• 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”

Example of Section 395 BNSS

When Section 395 BNSS Does Not Apply

• Compensation out of a recovered fine for loss or injury under Section 395(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply when, in the opinion of the court, such compensation is not recoverable by that person in a civil court.
• Compensation out of a recovered fine to a bona fide purchaser of stolen property under Section 395(1)(d) BNSS does not apply if the stolen property is not restored to the possession of the person entitled to it.
• A standalone compensation order under Section 395(3) BNSS does not apply when a fine forms a part of the sentence imposed by the court, or when no person has suffered any loss or injury by reason of the act for which the accused person has been sentenced.

Section 395 BNSS in the CrPC (Previous Law)

FAQs on Section 395 BNSS

Section 395 BNSS: Sub-sections Explained

Sections Related to Section 395 BNSS