Supreme Court of India · 2002-03-08
Sivasuriyan vs Thangavelu
- Citation / case number
- AIRONLINE 2002 SC 302
- Court
- Supreme Court of India
- Petitioner
- Sivasuriyan
- Respondent
- Thangavelu
- Author
- K.G. Balakrishnan
- Bench
- K.G. Balakrishnan
Judgment text excerpt
The Supreme Court held that the power under Sub-section (3) of Section 357 of the Code of Criminal Procedure can only be exercised when a fine does not form part of the sentence. In this case, since the appellant was already sentenced to imprisonment and fined, the High Court's direction to pay compensation of Rs. one lakh was set aside. The Court clarified that the provision does not allow for compensation when a fine is imposed.