New Delhi, June 6: The Supreme Court has issued a stern warning against the consideration of compensation payments as a means to reduce sentences in criminal cases, stating that such a practice would have a “catastrophic” impact on the criminal justice system.
According to the apex court, the purpose of compensating victims in criminal cases is to aid in their rehabilitation, not to serve as a means for offenders to buy their way out of justice. Section 357 of the Code of Criminal Procedure (CrPC) allows courts to award compensation to victims during the conviction process.
A bench comprising Justices J B Pardiwala and Manoj Misra emphasized that compensation should not influence the imposition of a punitive sentence on the accused. They stressed that victim compensation is restitutory and unrelated to the punitive nature of sentencing.
The court underscored the significance of Section 357, highlighting its role in ensuring that victims are not neglected in the criminal justice system. It emphasized that while punishment of offenders is necessary, it may not provide adequate solace to victims or their families.
In a specific case where the Gujarat High Court reduced a five-year sentence to four years and offered the option of avoiding jail time with a compensation payment of Rs 2.50 lakh, the Supreme Court intervened. Acknowledging that the convicts had already deposited Rs 5 lakh, the court declined to impose further jail time but directed each respondent to deposit an additional Rs 5 lakh, totaling Rs 10 lakh.
