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.
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(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 :
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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.