I was assaulted. Can I claim compensation under criminal law?

What the Law Says

The Indian Penal Code empowers criminal courts to award compensation to victims of offences — including assault — as part of the sentencing process. This is meant to provide swift, accessible relief without requiring a separate civil lawsuit.

Under Section 357 of the Indian Penal Code, 1860, when a court convicts an accused person, it may order the accused to pay compensation to the victim for any loss or injury caused by the offence. This applies even if the offence does not prescribe a fine as part of punishment.

The provision covers cases where the offence results in 'loss or injury' — which includes physical harm, medical expenses, loss of earnings, and mental trauma from assault. The court may direct compensation either in addition to, or instead of, a fine.

Importantly, this compensation is awarded directly by the criminal court at the time of sentencing — no separate civil suit is required. The amount is decided based on the facts, evidence, and the accused’s capacity to pay.

Statutory Text

When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order that the whole or any part of the fine be applied in defraying the expenses properly incurred in the prosecution, or in compensation to the person injured by the offence.

— Indian Penal Code, 1860, s. 357 — Order to pay compensation

What to Do

Sources