It is mandatory duty of court to apply its mind to question of awarding compensation in every criminal case

Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770 (Criminal Appeal No. 689 of 2013, decided on May 3, 2013): It is the mandatory duty of criminal court to apply its mind to question of awarding compensation in every case. Power is not ancillary to other sentences but in addition thereto. Use of word “may” in S. 357, does not mean that court need not consider applicability of S. 357 in every criminal case. S. 357 CrPC confers power coupled with duty on court to mandatorily apply its mind to question of awarding compensation in every criminal case. Court must also disclose that it has applied its mind to such question by recording reasons for awarding/refusing grant of compensation. Power given to courts under S. 357 is intended to reassure victim that he/she is not forgotten in criminal justice system. Very object of S. 357 would be defeated if courts choose to ignore S. 357 and do not apply their mind to question of compensation. Hence, S. 357 is to be read as imposing a mandatory duty on court to apply its mind to question of awarding compensation in every case.

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