Can a criminal court order the accused to pay money to the victim?

Yes — Section 357 allows courts to order compensation to victims at the time of passing sentence. This can come from the fine imposed or as a separate compensation order even where no fine is part of the sentence.

What if the convicted person cannot pay compensation?

Section 357A (State Victim Compensation Scheme) provides that where the offender cannot pay adequate compensation, the State Government must provide compensation to the victim from the state fund.

Section 357 — Order to Pay Compensation — Victim Compensation from Fine | Code of Criminal Procedure | LawCodeHub

Section 357(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 — (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. Section 357(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, in the opinion of the Court, suffered any loss or injury by reason of the act for which the accused person has been so sentenced.

Explanation

Section 357 is the criminal court's primary tool for directly compensating victims at the time of conviction — it allows courts to order payment of compensation from any fine imposed or as a standalone payment. Section 357(1) covers compensation from fines — when a fine is imposed, the court can direct part or all of it to the victim. Section 357(3) is broader — even where no fine is imposed (imprisonment only sentence), the court can separately order compensation. This is a powerful victim remedy: rather than sending the victim to civil court for damages (expensive, time-consuming), the criminal court can make an immediate compensation order. Section 357A (added 2009) goes further — it mandates a State Victim Compensation Scheme for victims of crime where the offender cannot pay adequate compensation. BNSS Section 395 preserves both provisions and strengthens the victim compensation framework as part of the BNSS's broader victim-centric approach.

Order to Pay Compensation — Victim Compensation from Fine

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