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Section 6.to 8 Order for Payment of costs and compensation.

Jinnah Judicial Academy

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Section 6.to 8 Order for Payment of costs and compensation.

132 просмотра · 5 л. назад
Jinnah Judicial Academy
6,18 тыс. подписчиков
132 просмотра · 5 л. назад
6. Order for Payment of costs and compensation.__(1) A Court directing the discharge of an offender under section 4 or making a probation order under section 5 may order the offender to pay such compensation or damages for loss or injury caused to any person by the offence and such costs of the proceedings as the Court thinks reasonable : Provided that the amount of compensation, damages and costs so awarded shall in no case exceed the amount of fine which the Court might have imposed in respect of the offence. Page 6 of 11 (2) At the time of awarding compensation or damages in any subsequent civil suit or proceeding relating to the same offence the court hearing such suit or proceeding shall take into account any sum paid or recovered as compensation, damages or costs under subsection (1). (3) The amount ordered to be paid under subsection (1) may be recovered as fine in accordance with the provisions of sections 386 and 387 of the Code. 7. Failure to observe conditions of the bond.__ (1) If the court by which an offender is bound by a bond under section 5 has reason to believe that the offender has failed to observe any of the conditions of his bound, it may issue a warrant for his arrest or may, if it thinks fit, issue summons to the offender and his sureties, if any, requiring them to appear before it at such time as may be specified in the summons. (2) The court before which an offender is brought or appears under subsection (1) may either remand him to judicial custody until the case is heard or admit him to bail, with or without sureties, to appear on the date of hearing. (3) If the Court, after hearing the case, is satisfied that the offender has failed to observe any of the conditions of his bond, including any conditions which may have been imposed under subsection (2) of section 5, it may forthwith__ (a) sentence him for the original offence, or (b) without prejudice to the continuance in force of the bond, impose upon him a fine not exceeding one thousand rupees : Provided that the Court imposing the fine shall take into account the amount of compensation, damages or costs ordered to be paid under section 6. (4) If a fine imposed under clause (b) of subsection (3) is not paid within such period as the Court may fix, the Court may sentence the offender for the original offence. 8. Powers of Court in appeal and revision. When an appeal or application for revision is made against conviction of an offence for which an order is made under section 4 or section 5 discharging the offender absolutely or conditionally or placing him on probation the appellate Court or the Court sitting in revision may pass such order as it could have passed under the Code, or may set aside or amend the order made under section 4 or section 5 and in lieu thereof pass sentence authorized by law : Page 7 of 11 Provided that the appellate court or the court sitting in revision shall not impose a greater punishment than the punishment which might have been imposed by the court by which the offender was convicted.