Victim compensation u/s 357A CrPC

[Sri Kanitkar]

1. The opponent illegally grabbed our business (source of income) and we have registered an FIR on opponent. Opponent continues to illegally use our source of income and trespass on father’s estate, even though opponent is not a beneficiary of his WILL – while we are.
2. Charge sheet has been filed on opponent, but trial has not begun.
3. Can we file for monetary compensation due to the criminal act of opponent.
4. Which authority should we approach? I believe the State is supposed to make some adhoc payments even before the criminal case is completed.
5. Thanks.

[Dr. Ashok Dhamija]

Section 357-A of Cr.P.C. requires a recommendation to be made by the trial court, and generally such recommendation would be made at the conclusion of the trial. The trial court has the power also under Section 357 Cr.P.C. for compensation to the victim.

But, I think, you may also have to file a civil case seeking injunction and damages for trespass. It is mainly in the civil case that you would get compensation. You may even pray for temporary or interim injunction against the trespass by the opponent.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts