No Law Declared Imposing Sentence in Default of Compensation
By
V. K. Sathyavan Nair
The correctness of the proposition enunciated by the Apex Court in the matter of ‘imprisonment in default of compensation’ in the wider form it is laid down in AIR 2002 SC 681 : 2000 Cri LJ 1003 is open to serious doubt. According to the present Division Bench the law on this point has already been declared and adopted by an earlier Division Bench in Hari Singh v. Sukhbir Singh, AIR 1988 SC 2127 : 1989 Cri LJ 116. The recent Bench observed :
“When this Court pronounced in Hari Singh v. Sukhbir Singh (supra) that a Court may enforce an order to pay compensation ‘by imposing sentence in default’ it is open to all Courts in India to follow the said course. The said legal position would continue to hold good until it is overruled by a larger Bench of this Court.”
The decision in Hari Kishan (Hari Singh) and State of Haryana v. Sukhbir Singh, reported in AIR 1988 SC 2127 : 1989 Cri LJ 116 is rendered by a Division Bench disposing two ap ....