Supreme Court of India

Ankush Shivaji Gaikwad v State of Maharashtra

(2013) 6 SCC 77020131 min read
The case in brief30-second read
Facts
The appellant was convicted of murder for a fatal blow in a sudden quarrel. Neither the trial court nor the High Court considered compensation under S.357 CrPC.
Issue
Nature of the offence, and whether courts must consider compensation in every case.
Held
The conviction was altered to S.304 Part II IPC with five years' rigorous imprisonment. Although the award is discretionary, the court has a mandatory duty to apply its mind to compensation in every criminal case, best shown by recording reasons; a summary enquiry into capacity to pay may precede sentence. Remand was not ordered given the lapse of time, and the judgment was circulated to the High Courts.
Principle
Courts have a mandatory duty to apply their mind to compensation under S.357 CrPC in every criminal case and to record reasons for awarding or refusing it
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Facts

  • The appellant was convicted of murder for a fatal blow in a sudden quarrel. Neither the trial court nor the High Court considered compensation under S.357 CrPC.

Issue

  1. Nature of the offence, and whether courts must consider compensation in every case.

Held

  • The conviction was altered to S.304 Part II IPC with five years' rigorous imprisonment. Although the award is discretionary, the court has a mandatory duty to apply its mind to compensation in every criminal case, best shown by recording reasons; a summary enquiry into capacity to pay may precede sentence. Remand was not ordered given the lapse of time, and the judgment was circulated to the High Courts.

Ratio decidendi

S.357 confers a power coupled with a duty to consider compensation.

Exam use

How to use it in an answer

Cite with S.395 BNSS for the duty to consider compensation.

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Citation

Ankush Shivaji Gaikwad v State of Maharashtra (2013) 6 SCC 770

Reported: https://indiankanoon.org/doc/61901185/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.