ISSUE:
Whether a court can impose a separate sentence in default of payment of compensation under Section 357(3) of the CrPC and the legality of awarding imprisonment in the absence of default sentencing provisions in the CrPC?
RULE:
Section 357 (3) of CrPC Empowers courts to order compensation to victims where no fine is imposed.
Courts can recover fines and analogous compensation, providing mechanisms for enforcement u/s 421 CrPC
Section 64, IPC allows for imprisonment in cases where fines are not paid.
Compensatory orders should carry the weight of enforceability to ensure victims receive immediate relief and that penalties serve as deterrents.
Including a default sentence is permissible and serves as a necessary deterrent to ensure compliance with the compensation order. Without such a provision, the purpose of awarding compensation could be defeated, as the complainant would otherwise need to pursue separate legal remedies to enforce the compensation order.