Madras High Court
Criminal LawCriminal Procedure and Evidence

Compensation for Each Offence Under Sections 355 and 323 IPC Is Payable to the Victim

Charles Mary vs State by Sub Inspector of Police

Madras High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Compensation for Each Offence Under Sections 355 and 323 IPC Is Payable to the Victim. Charles Mary vs State by Sub Inspector of Police. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner’s criminal revision had been disposed of on 11 September 2026.

Source reference: no citation

In that order, the Court reduced the custodial sentence and directed payment of compensation totalling ₹1,00,000, but did not specify whether it should be deposited with the trial court or paid directly to the victim.

Source reference: no citation

The petitioner’s counsel sought clarification, stating that the omission prevented compliance.

Source reference: p.1, para. 2

The Court therefore replaced paragraph 8 of its earlier order.

Source reference: p.2, para. 3
02

Issues

Whether the compensation directed in the revision should be paid directly to the victim or deposited with the trial court.

Source reference: p.1, para. 2

Whether paragraph 8 of the order dated 11 September 2026 required replacement to specify the compensation amounts, recipient, and consequences of default.

Source reference: p.2, paras. 3–4
03

Law Applied

The substituted direction concerns the petitioner’s sentences for offences under Sections 355 and 323 of the Indian Penal Code, with the fine imposed for the offence under Section 294(b) IPC left undisturbed.

Source reference: p.2, para. 3

The Court cited no precedent or separate statutory principle governing the clarification; it resolved the stated ambiguity by expressly identifying the victim as the recipient of the compensation.

Source reference: no citation
04

Reasoning

The Court accepted that the earlier direction did not state how the compensation was to be paid, creating uncertainty about compliance.

Source reference: p.1, para. 2

It resolved that uncertainty by specifying compensation of ₹50,000 to the victim for the offence under Section 355 IPC and ₹50,000 to the victim for the offence under Section 323 IPC, each with a default sentence of three months’ simple imprisonment. It confirmed the fine sentence under Section 294(b) IPC and retained the direction for imprisonment till the rising of the Court.

Source reference: p.2, para. 3
05

Holding

The Court replaced paragraph 8 of its order dated 11 September 2026 with a direction that the petitioner pay the two sums of compensation directly to the victim.

The substituted paragraph requires the sentence of imprisonment till the rising of the Court to be served and the compensation to be paid within three weeks as stated there; on failure, the petitioner is to be secured to serve the default sentence.

Source reference: p.2, paras. 3–5

All other observations and directions in the earlier order remain intact.

Source reference: p.2, para. 5
06

Acts & Sections Cited

7 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20232

Madras High Court

Original Court PDF

Charles MaryvsState by Sub Inspector of Police

Madras High Court · September 30, 2026

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Original judgment, available to read, download and summarize on LawLens.in

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