CrPC section opens doors for better compensation

Victims of the Bhopal gas tragedy can still hope for a better compensation. Bhopal Chief Judicial Magistrate Mohan P. Tiwari, who convicted seven former officials of Union Carbide India Ltd, did not use a special provision under the Criminal Procedure Code (CrPC) that allows courts to award compensation to victims in criminal cases.

Victims of the Bhopal gas tragedy can still hope for a better compensation. Bhopal Chief Judicial Magistrate Mohan P. Tiwari, who convicted seven former officials of Union Carbide India Ltd, did not use a special provision under the Criminal Procedure Code (CrPC) that allows courts to award compensation to victims in criminal cases.

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This provision opens doors for the victims as an order for compensation can be passed by appellate courts too, which include sessions or high courts after issuing notices to convicts.

Section 357 (3) of CrPC say, “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.”

Instead of using this provision, the judge just imposed a fine of Rs one lakh each on the seven convicts and a fine of Rs five lakh on Union Carbide India Ltd thereby closing the option of ordering compensation.

The Supreme Court has said in the past that the power to award compensation to victims should be liberally exercised by courts to meet the ends of justice but it has to be reasonable. The compensation would depend upon facts and circumstances of the case, nature of the offence in question, justness of the victims' claim and the capacity of the accused to pay.

The SC has also said that there is no limit upon the award of compensation under Section 357 CrPC and the power to award compensation is not ancillary to other sentences but it is in addition to it.

If an appellate court uses the provision, the company as well as individual accused can be forced to pay a hefty amount as compensation bringing some sense of relief to the victims who have been angry over apparently lenient punishment given to the convicts.