A Magistrate imposes a fine of ₹5,000 and orders the accused to pay ₹1,000 to the victim as…
The separate compensation power in section 395(3) applies where fine forms no part of the sentence. If the conditions in section 395(1)(b) are met, the court may instead…
Choose your answer
A Magistrate imposes a fine of ₹5,000 and orders the accused to pay ₹1,000 to the victim as compensation in addition to the fine. The order relies solely on section 395(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Which analysis is correct?
Answer and explanation
Correct answer B
The separate compensation power in section 395(3) applies where fine forms no part of the sentence.
If the conditions in section 395(1)(b) are met, the court may instead apply some or all of the fine recovered to compensation for loss or injury.
Option feedback
Option A
The relative amounts do not remove the prerequisite that no fine forms part of the sentence.
Option B
Section 395(3) applies only when fine forms no part of the sentence.
Option C
Reasons do not create power under subsection (3) when the court has imposed a fine.
Option D
A fine-only sentence still contains a fine.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Kerala Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision