Compensation with default imprisonment is appealable like a fine under the Criminal Procedure Code

An order awarding compensation under Section 357 CrPC, when coupled with imprisonment in default of payment, is treated as appealable on the same footing as a sentence of fine. The text reasons that compensation may be recovered as a fine and that the legal fiction supporting default imprisonment must also extend to the appellate remedy; otherwise, liberty could be curtailed without a corresponding right of appeal. This construction is presented as necessary to preserve fairness and constitutional consistency under Articles 14 and 21.

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Issues: Whether an order awarding compensation under Section 357 of the Code of Criminal Procedure, coupled with a direction to undergo imprisonment in default of payment, is appealable under Sections 374 and 376 of the Code of Criminal Procedure as if it were a sentence of fine.

Analysis: Compensation awarded on conviction may be recovered as if it were a fine, and the Supreme Court authorities recognized that imprisonment in default of payment of compensation can be imposed by treating compensation as fine for the limited purpose of Section 64 of the Indian Penal Code. The statutory scheme also shows that a sentence of fine is appealable subject to the restrictions in Section 376 of the Code of Criminal Procedure, and that default imprisonment by itself does not make a non-appealable fine appealable. However, where compensation is judicially treated as fine for the purpose of authorising default imprisonment, the same legal fiction must extend to the appellate remedy as well, otherwise the accused would be subjected to deprivation of liberty without a corresponding right of appeal. Such an interpretation is required to maintain fairness and constitutional consistency under Articles 14 and 21 of the Constitution of India.

Conclusion: A compensation order carrying a default clause of imprisonment is appealable under Sections 374 and 376 of the Code of Criminal Procedure as if it were a sentence of fine.

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