[544 A. Compensation to the heirs of the person killed, etc.2[(1) Whenever a person is convicted of
an offence in the commission whereof the death of, or hurt, injury or mental anguish or psychological
damage, to, any person is caused, or damage to or loss or destruction of any property is caused, the Court
shall, when convicting such person, unless for reasons to be recorded in writing it otherwise directs, order
the person convicted to pay to the heirs of the person whose death has been caused, or to the person hurt or
injured, or to the person to whom mental anguish or psychological damage has been caused, or to the owner
of the property damaged, lost or destroyed, as the case may be, such compensation as the Court may
determine having regard to the circumstances of the case.]
1
(2) The compensation payable under subsection (1) shall be recoverable as 3[an arrears of land revenue]
and the Court may further order that, in default of payment 4[or of recovery as aforesaid] the person ordered
to pay such compensation shall suffer imprisonment for a period not exceeding six months, or if it be a
Court of the Magistrate of the third class, for a period not exceeding thirty days.
(3) The compensation payable under subsection (1) shall be in addition to any sentence which the
Court may impose for the offence of which the person directed to pay compensation has been convicted.
(4) The provisions of subsections (2B), (2C), (3) and (4) of Section 250 shall, as far as may be, apply to
payment of compensation under this section.]
(5) An order under this section may also be made by an Appellate Court or by a Court when exercising
its powers of revision.]
545. Power of Court to pay expenses of compensation out of fine.(1) Whenever under any law in
force for the time being a Criminal Court imposes a fine or confirms in appeal, revision or otherwise a
sentence of fine, or a sentence 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 expenses properly incurred in the prosecution;
5
[(b) in the payment to any person of compensation for any loss 6[injury or mental anguish or
psychological damage] caused by the offence, when substantial compensation is, in the opinion
of the Court, recoverable by such person in a Civil Court] ;
7
[(c) 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.]
1 Ins. by Ordinance 12 of 1972, s.2 and Sch.
2 Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1980 (6 of 1980), s.3, for subsection (1).
3 Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1980 (6 of 1980), s.3, for “if it were a fine imposed by the Court”.
4 Ins. ibid.
5 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 152, for the original clause (b).
6 Subs. by Ordinance 6 of 1980, s.4, for “or injury”.
7 Clause (c) ins. Act 18 of 1923, s. 152.
Page 194 of 319