CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART II
Types of Punishments

SUB-PART I
Fines, Forfeitures, Compensation Etc

Costs and Compensation

Procedure to determine compensation or liability
1204. For the purpose of determining the amount of compensation or the liability of an offender the Court may refer to the proceedings and evidence at the trial or hear further evidence either upon affidavit or orally.


Compensation and costs where several persons are convicted
1205. When several persons join in the commission of the same offence, and upon conviction each of them is adjudged to pay a penalty including the value of the property or the amount of the injury done, no further sum shall be paid to the person aggrieved than such amount or value and costs, if any, and the remainder of the penalties imposed shall be applied in the same manner as other penalties are directed to be applied.


Recovery of amount of costs or compensation
1206.— (1) The sum allowed for costs, or costs and compensation, shall, in every case, be specified in the order or order of dismissal, and shall be recoverable in the same manner as any fine or sum of money adjudged to be paid by such order is recoverable.

(2) Where there is no fine or sum of money to be recovered by the order, such costs, or costs and compensation, shall be recoverable in the same manner as any fine or sum of money adjudged to be paid by an order of the Court is recoverable, as the Court may direct.


Effect of satisfaction or compensation
1207. Where any person who is injured by any offence punishable under this Code, or under any other enactment, receives compensation for such injury under the order of the Court, or where the offender, having been ordered to make such compensation, suffers imprisonment for non-payment of such compensation, the receipt of such compensation or the undergoing of such imprisonment, as the case may be, shall be a bar to any action for the same injury.


Saving of right of civil action
1208. Except as otherwise provided in section 1207 nothing, in this Code shall bar the action of any person in respect of any injury sustained by him or her or his or her property.


Referring claimant to civil remedy
1209. In all cases the Court may at any stage of the proceedings inform the injured party claiming such compensation as to his or her right to civil remedy by civil action.


Order for compensation on conviction for indictable offence
1210. A person who is convicted of an indictable offence may be adjudged by the Court to make compensation to any other person injured by his or her offence, and any sum so adjudged may be recovered by such process, including imprisonment in default of payment, not exceeding twelve months, as directed by the Court.


Order for costs on conviction for indictable offence
1211. Where an accused person is convicted of the offence with which he or she is charged, he or she may be ordered by the Court to pay the costs and expenses of his or her prosecution, and any sum so ad¬judged may be recovered by such process, including imprisonment in default of payment, not exceeding twelve months, as directed by the Court.


Order of costs against private prosecutor on charge of defamation
1212. In the case of prosecution of any person on the complaint of a private prosecutor on a charge of the unlawful publication of a defamatory matter, if the accused is indicted and acquitted, he or she is entitled to recover from the private prosecutor his or her costs of defence, as allowed by the Court, unless the Court otherwise orders, and in such case the provisions of section 1189 shall apply mutatis mutandis.


Order against complainant to pay costs or compensation
1213. Where a complaint is dismissed, the Court may order that the complainant shall pay to the defendant such costs as the Court may consider just and reasonable, and if in the opinion of the Court the complaint was frivolous or vexatious, it may in addition order the complainant to pay to the defendant a reasonable sum as compensation for the inconvenience and expense to which the defendant may have been put by reason of such complaint.


Imprisonment of complainant in default of payment of compensation or costs
1214. Where any complaint is dismissed with costs, or with costs and compensation, if the sum awarded for costs or for costs and compensation, as the case may be, in the order of dismissal, is not paid forth with or within such time as may be specified in the order, the complainant may be committed to a correctional facility for any term not exceeding the term prescribed in relation to a like sum under section 1201 of this Code.


Order against defendant to pay compensation
1215. Any person who is convicted of a summary offence punishable under this Code may be adjudged by the Court to pay compensation, not exceeding five thousand dollars, to any person injured by his or her offence, and any sum so adjudged may be recovered by such process, including imprisonment in default of payment of a fine prescribed in section 1202 of this Code as the Court may direct.


Order for costs against defendant
1216. In every case where an order is made against a defendant, the Court may order that the defendant shall pay to the complainant such costs as the Court may consider just and reasonable.


Imprisonment of defendant for non-payment of costs
1217. Where by any order a sum for costs is adjudged to be paid by the defendant to the complainant, if such sum is not paid forthwith or within such time as may be specified in the order, the defendant may be committed to the correctional facility for any term not exceeding the term prescribed in relation to a like sum under section 1202 of this Code.


Remission of fees
1218.— (1) A Court of summary jurisdiction may on the ground of poverty or for other reasonable cause remit in whole or in part any fee payable in proceedings before the Court.

(2) Where a Court of summary jurisdiction adjudges an offender to pay a fine it shall, if the fine does not exceed five hundred dollars, remit all fees payable by the complainant and direct all fees already paid by him or her to be refunded to him or her, unless in either case there is a special reason for not doing so.


Costs on application for order for periodical payment of money
1219. A Court of summary jurisdiction to which an application is made for an order for the periodical payment of money, or for the variation, revocation, revival, or enforcement of such an order, may make an order for the payment by an applicant or the defendant, or both of them, of the costs of the Court and such reasonable costs of either of the parties as the Court thinks fit.


Return of costs from Treasury in certain cases
1220. Where a defendant is convicted and ordered to be imprisoned, or to repay any fees and costs to the complainant as part of the costs and is imprisoned in default of payment thereof, or where the Magistrate otherwise considers it proper so to do, the Magistrate may, in his or her discretion, direct that the Treasury refund to the complainant the whole or part of the fees and costs paid by the complainant, if in his or her opinion the complainant’s pecuniary position or lack of means renders such refund just and necessary in the circumstances.