IndiaCan I get interim compensation while my case is pending?
Yes, you can get interim compensation while your case is pending in India, especially in cases of defamation, matrimonial disputes, or motor accident claims, as permitted under specific laws.
What the Law Says
Indian law allows courts to award interim compensation in certain civil and criminal proceedings to provide immediate relief to victims or aggrieved parties while the main case is ongoing.
Under the Code of Criminal Procedure, 1973, Section 357A empowers courts to order 'compensation to victims' — including interim payments — from fines imposed on offenders or from state victim compensation funds. This applies even before final judgment.
In civil defamation cases, the Supreme Court in Subramanian Swamy v. Union of India (2016) affirmed that courts may grant interim compensation where malice and injury are prima facie established. The amount is typically capped at ₹20,000 unless exceptional circumstances exist.
The Motor Vehicles Act, 1988 (as amended in 2019) enables tribunals to award interim compensation of up to ₹5 lakh in hit-and-run or accident cases, payable within 30 days of the order — without waiting for final determination of liability.
Statutory TextWhen a person is convicted of an offence which has caused loss or injury to the victim, the court may, while passing sentence, order the accused to pay compensation to the victim.
— Code of Criminal Procedure, 1973, s. 357 — Compensation to persons injured
Statutory TextEvery State Government shall, in coordination with the Central Government, prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury.
— Code of Criminal Procedure, 1973, s. 357A(1) — Victim compensation scheme
What Courts Have Said
Indian courts have consistently upheld the power to grant interim compensation as a tool of substantive justice — especially where delay would cause irreparable hardship.
The Court held that interim compensation in defamation suits serves public interest by deterring frivolous litigation and compensating genuine harm, and may be awarded even before trial concludes.
The Court directed immediate interim compensation of ₹10 lakh to a rape survivor under Section 357A CrPC, stressing that victim relief must not be delayed by procedural formalities.
What to Do
File a written application for interim compensation along with your main petition or charge sheet — clearly stating grounds (e.g., financial hardship, medical expenses, reputational injury).
Attach supporting documents: medical reports, income loss proof, police FIR, or expert affidavits.
Ensure your application cites the relevant provision — e.g., Section 357A CrPC, Section 151 CPC (inherent powers), or Rule 10 of the Motor Accident Claims Tribunal Rules.
If granted, the order must be complied with within 30 days; if denied, you may request reasons in writing and consider revision before the High Court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.