Default imprisonment can secure compensation under Section 357(3) when payment is treated like a fine.

Compensation awarded under Section 357(3) of the Code of Criminal Procedure, 1973 may be enforced by a default sentence of imprisonment. The money payable under such an order is recoverable as if it were a fine under Section 431 of the Code, and read with Section 64 of the Indian Penal Code, 1860, this permits the sentencing court to attach imprisonment in default to secure payment. The narrower view that recovery must be confined to the procedure for levy of fine was rejected because it would undermine the object of Section 357(3).

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Issues: Whether a court can impose a default sentence of imprisonment when compensation is awarded under Section 357(3) of the Code of Criminal Procedure, 1973.

Analysis: Compensation awarded under Section 357(3) is money payable by virtue of an order under the Code, and Section 431 of the Code makes such money recoverable as if it were a fine. When read with Section 64 of the Indian Penal Code, 1860, the court has the power to attach a default sentence to secure payment. The earlier view recognizing enforcement of compensation by default imprisonment was affirmed, and the contention that recovery could be made only through the procedure for levy of fine was rejected as defeating the object of Section 357(3).

Conclusion: A court is within its jurisdiction to impose a default sentence of imprisonment while awarding compensation under Section 357(3) of the Code of Criminal Procedure, 1973.

Ratio Decidendi: Compensation ordered under Section 357(3) of the Code of Criminal Procedure, 1973 may be enforced by a default sentence, since such compensation is recoverable as if it were a fine and the sentencing court may ensure its payment by attaching imprisonment in default.

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