Compensation and Costs (s.5 POA) — BNSS (Criminal Law II) Notes

Compensation and Costs (s.5 POA)

Releasing an offender does not mean forgetting the victim. Section 5 lets the court, even while showing mercy to the offender, order him to compensate the person he harmed — reform for the offender, redress for the victim.

Section 5 empowers the court that makes a release order under s.3 or s.4 to also order the offender to pay:

Compensation to any person for loss or injury caused by the offence; and
Costs of the proceedings, as the court thinks reasonable.

The amount is recoverable as a fine, and the order balances leniency to the offender with justice to the victim.

🧩 WORKED EXAMPLE — mercy with redress

Facts. A first offender is released on probation for causing damage to a shopkeeper’s goods.

Rule. Section 5 lets the court order him to compensate the shopkeeper and pay costs, despite releasing him under s.4.

Apply. The offender avoids jail but must make good the victim’s loss.

Conclusion. Probation and compensation go together — the victim is not left uncompensated.

Section 5(1), Probation of Offenders Act, 1958: “The Court directing the release of an offender under section 3 or section 4, may, if it thinks fit, make at the same time a further order directing him to pay — (a) such compensation as the Court thinks reasonable for loss or injury caused to any person by the commission of the offence; and (b) such costs of the proceedings as the Court thinks reasonable.”

In Simple Terms: When it releases an offender on probation or admonition, the court can still make him pay the victim compensation and the costs of the case.

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    ROOT --> A["On a s.3 / s.4 release order"]:::leaf
    A --> B["Compensation to the person harmed"]:::leaf
    A --> C["Costs of the proceedings"]:::leaf
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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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Case Laws

Rattan Lal v. State of Punjab (1965) — the reformative order under ss.3–4 may be coupled with compensation to do justice to the victim.

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