CENTRAL UNIVERSITY OF SOUTH BIHAR

PROJECT-TOPIC
“Provisions relating to Compensation and Costs”

Submitted To Course Instructor Submitted By Student

Dr. Pawan Kumar Mishra Rishab Kumar

Associate Professor, Law BA.LLB.(Hons)
School Of Law And IVthSemester
Governance IInd Year
Subject- Criminal Law-II Enrollment No. CUSB1613125041
Course Code -Law 250
Continuous Assessment-III

Page 1 of 16
 ACKNOWLEDGEMENT
At this point of time I would like to express my gratitude to all those who gave me their
support to complete this project.

I am grateful to my Criminal Law teacher who is Dr. Pawan Kumar Mishra, for giving
me permission to commence this project in the first instance and to do necessary study
and research. I want to thank law faculty members and other faculty members for all their
professional advice, value added time, effort and enterprise help, support, interest and
valuable hints that encouraged me to go ahead with my project.

I am deeply indebted to my colleagues for their meticulous planning, layout, presentation

and above all for their consideration and time.

My heartfelt appreciation also goes to seniors and my classmate for their stimulating
suggestions and encouragement which helped me at each level of my research and in
writing of this project.

Especially, I would like to give my special thanks to my parents, family members and
god whose patient love enabled me to complete this project.

I have tried my best to enclose practical approach of Code of Criminal Procedure, 1973
and also theoretical approach to my project.

(Signature of the Student)

Page 2 of 16
 PREFACE
The objective of the project was to understand the Provisions of compensation and cases.
The objective of the study was to analyse the legal provision and land marked case laws
regarding the offences robbery and dacioty.

The project was started on 19th of February 2018 after knowing relevant information
regarding the project, under the guidance of my Criminal Law teacher Dr. Pawan Kumar
Mishra.

The first part of my project involves the study of “Provisions of Compensation”, and its
relevant Sections and Case Laws. For this I used books as a primary source and a
secondary source is the internet

Since, the next part of my project involves the study of “Provisions of Costs”. For this I
used books as a primary source and a secondary source is the internet

Most important part of my project is analysing the information.

Rishabh Kumar (Signature of the Student)

Page 3 of 16
Introduction: - Every crime produces a victim(s). The victims are generally considered as
mere informants or witnesses in criminal trials, assisting the state in its endeavor to punish
offenders, are now becoming the focal points of our criminal justice system. The criminal justice
system is basically meant to redress the victimization of these victims and to address the issues
surrounding him. However getting justice in Indian criminal justice delivery system was never
been a bed of roses for the victims of offence. The last few decades however witnessed
groundbreaking reforms in the approach of legal systems nationally as well as internationally
with reforms not only in statutory laws but also even in judicial approach towards the victims of
crime.

Victim compensation is one of the major aspects in compensation of the harm or injury caused to
the victim due to the commission of the crime. Monetary assistance in one-way or the other
always benefits the victims in the mitigation of their sufferings. The regenration of the
prominence of victims in legal system is however a recent phenomenon.
In India, the Legislature and the judiciary have taken gradual steps to develop the necessary
principles by which compensation could be paid to the victims of crimes. The legislature has
done it by enacting the different kinds of laws, namely, the General Laws1 and Special Laws.2
The judiciary through the cases which have been decided by it propounded a set of principles to
provide the remedy of compensation where the law is not adequate to provide a remedy to the
victim of crime.
In a broad manner, we can say that the general law concerning payment of compensation or
reimbursement to the victims of crime is mainly in the Code of Criminal Procedure, 1973 and
Public law i.e. Constitution. Sub-part two of this chapter deals with Special laws i.e. Probation of
Offenders Act, 1958, Motor Vehicle Act, 1988, The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, Protection of Human Rights Act, 1993, The Workmen
Compensation Act, 1923, Personal Injuries (Emergency Provisions) Act, 1962, Personal Injuries
(Compensation Insurance) Act, 1963 in which compensation is awarded.
1 1
Ss. 357, 357A, 357 B, 357 C, 358, 359 of Code of Criminal Procedure,1973,
Constitutional Remedies under Articles 32 and 226
2
2
The Probation of Offenders Act, 1958; Motor Vehicle Act, 1988; Workmen
Compensation Act, 1923, Protection of Human Rights Act, 1993 etc.

Page 4 of 16
The History Of Compensation and Costs

A. Ancient of Victim Compensation History - The ancient Indian History is a witness to

the fact that the victims of crimes have sufficient provisions of restitution by way of
compensation to injuries. “It is, however, remarkable that in as much as it was concerned to be
the duty of the King to protect the property of his people, if the King could not restore the stolen
articles or recover their price for the owner by apprehending the thief, it was deemed to be his
duty to pay the price to the owner out of his own treasury, and in his turn he could recover the
same from the village officers who by reason of their negligence, were accountable for the thief’s
escape”3.

Reparation or compensation as a form of punishment is found to be recognized from ancient time

in India. In ancient Hindu law, during Sutra period, awarding of compensation was treated as a
royal right. The law of Manu, requires the offender to pay compensation and pay the expenses of
cure in case of injuries to the sufferer and satisfaction to the owner where goods were damaged.
In all cases of cutting of a limb, wounding or fetching blood, the assailant shall pay the expenses
of a perfect cure or in his failure, both full damages and a fine. It shows that the victim
compensation was never an alien concept in the justice delivery systems of the country. The
edifice of the law in our present day legal system relating to the victim compensation are
provisions contained in the Criminal Procedure Code, 1973 and various judgments of the
Hon’ble Supreme Court. The question that arises for consideration is that despite having laws for
victim compensation are these laws being satisfactorily used by those on who lies the duty of the
execution of these laws and to give beneficial effects to it. Answer is very infrequently. The
reasons are many.

Some more prominent are like the 12th century distinction of English law of wrongs into civil
wrongs and criminal wrongs which leads to misconception that the area of compensation is
something exclusively belonging to the domain of civil law and others less obvious like the
ignorance of those who can give effect to these benefactions. It is a truth that in our present day
adversarial legal system between the state and the accused, the victim is not only neglected but is
lost in silence. The role of the victim is limited to report the offence and depose in the court on

3
Dr. Priyanath Sen, General Principle of Hindu Jurisprudence, (Allahabad Law Agency,1984)
Page 5 of 16
behalf of prosecuting party, which is the State. The Malimath Committee4 reflected on the
present criminal justice system that not only the victim’s right to compensation was ignored
except as token provision under the Criminal Procedure Code but also the right to participate as
the dominant stakeholder in criminal proceedings was taken away from him.

B. Compensation to the Victim: Criminal Justice System

Now accepting that there no uniformity in the legal system in the country to address the issue of

compensation to the victims of is crime, it is expedient to discuss the legal position in respect of

compensation to the victims of the offence. In Post- independence era, the criminal trials were

governed by criminal Procedure Codes 1898 and then by 1973 Code (“Cr.PC”). Till the year

2008, there was a provision more or less similar in both the codes for compensation or

reimbursement to the victims of the offence that is section 545 in the old Code and section 357 in

the new Code of Criminal Procedure.

4
Malimath Committee Of 2003, headed by V.S. Malimath
Page 6 of 16
COMPENSATION UNDER GENERAL LAWS

A- Compensation Under Code of Criminal Procedure, 1973 - The provisions relating to

compensation to victims of crime are contained in ss.357, 357A, 357 B, 357 C, 358, 359 and 250
of the Code of Criminal Procedure, 1973. And s.3575 Code of Criminal Procedure as follows:

5.S.357 Order to pay compensation

1) 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 the
whole or any part of the fine recovered to be applied-
a) in defraying the expenses properly incurred in the prosecution;
b) in the payment to any person of compensation for any loss or injury
caused by the offence when compensation is, in the opinion of the Court,
recoverable by such person in a Civil Court;
c) when any person is convicted of any offence for having caused the death
of another person or of having abetted the commission of such an offence,
in paying compensation to the persons who are, under Fatal Accident Act,
1855 (13 of 1855), entitled to recover damages from the person sentenced
for the loss resulting to them from such death;
d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having dishonestly
received or retained, or of having voluntarily assisted in disposing of stolen
property knowing or having reason to believe the same to be stolen, in
compensating any bonafide purchaser of such property for the loss of the same if
such property is
restored to the possession of the person entitled thereto
2) If the fine is imposed in a case, which is subject to appeal, no such payment shall
be made before the period allowed for presenting the appeal has elapsed, or if an
appeal be presented before the decision of the appeal.
3) When a Court imposes a sentence, of which fine does not form a part, the Court
may, when passing judgment, order the accused person to pay, by way of
compensation, such amount as may be specified in the order to the person who
has suffered any loss or injury by reason of the act for which the accused person
has been so sentenced.
4) An order under this section may also be made by an Appellate Court or by the
High Court or Court of Session when exercising its powers of revision.
5) At the time of awarding compensation in any subsequent civil suit relating to the
same matter, the Court shall take into account any sum paid or recovered as
compensation under this section.

Page 7 of 16
The scope and the objective of the s.357 of the Code of Criminal Procedure was explained by
Supreme Court in Sawarn Singh v. State of Punjab6, where it was observed that:

The law which enables the court to direct compensation to be paid to the dependents or victims is
found in s.357 of the Code of Criminal Procedure (herein after Cr.P.C.). The corresponding
provision in the 1898 Code was s.5457. According to s.357, the Court is enabled to direct the
accused, who caused the death or did any other crime to another person, to pay compensation or
reimburse to the persons or victims who are entitled to recover damages from the person
sentenced or convicted for the loss resulting to them from such death which the accused person
has been so sentenced. The aim of this section therefore, is to provide monetary compensation
payable to the persons/ victims who are entitled to recover damages from the person/ offender
even though fine does not form part of the sentence. While awarding the amount the
compensation the Court must take into the account the nature of crime, the injury suffered, the
justness of the claim for compensation, the capacity of the accused to pay and other relevant
circumstances. If there are more than one accused, quantum of compensation may be divided
equally unless there is considerable variation in their paying capacity. The payment of
compensation or reimbursement may also vary from accused to accused. Reasonable period for
the payment of compensation, if necessary, in installments, may also be given to offender. The
Court may enforce the order by imposing sentence in default 8. Where power of speech of victim
of offence is impaired permanently or the amount of injury is of grievous nature then the amount
of compensation may be enhanced9.
In Smt. Bachahan Devi and Anr. v. Nagar Nigam, Gorakhpur and Anr10. This Court while
dealing with the use of the word “may” summoned up the legal position thus: “.It is well-settled
that the use of word `may' in a statutory provision would not by itself show that the provision is
directory in nature. In some cases, the legislature may use the word `may' as a matter of pure
conventional courtesy and yet intend a mandatory force. In order, therefore, to interpret the legal

6
AIR 1978 SC 1525
7
S.545- Power of court to pay expenses or compensation out of fine.
8
Hari Singh and State of Haryana v. Sukhbir Singh, AIR 1988 SC 2127
9
Ibid
10
AIR,2008 SC 1282
Page 8 of 16
importance of the word `may', the court has to consider various factors like, the object and the
scheme of the Act, the context and the background against which the words have been used, the
purpose and the advantages sought to be achieved by the use of this word, and the like. It is
equally well-settled that where the word `may' includes a choice coupled with an obligation or
where it grants a positive benefit to a general class of subjects in a utility Act, or where the court
advances a remedy and suppresses the mischief, or where giving the words directory significance
would defeat the very object of the Act, the word `may' should be interpreted to convey a
mandatory force.”
Similarly in Dhampur Sugar Mills Ltd. v. State of U. P. and Ors.,11 the Court held that the
mere use of word 'may' or 'shall' was not conclusive. The question whether a particular provision
of a statute is directory or mandatory, held the Court, can be resolved by ascertaining the
intention of the Legislature and not by looking at the language in which the provision is clothed.
And for finding out the legislative intent, the Court must examine the scheme of the Act, purpose
and object underlying the provision, consequences likely to ensue or inconvenience likely to
result if the provision is read one way or the other and many more considerations relevant
thereto.
It was held in Mangi Lal v. State of Madhya Pradesh12, that 357 (1) deals with situation when
a Court imposes fine or sentence (including sentence of death) of which fine also forms a part. It
confers a discretion on the Court to order as to how the whole or any part of the fine recovered is
to be applied. For bringing in application of s.357 (1), it is a statutory requirement fine is
imposed and thereupon makes further orders as to the disbursement of the said fine in the manner
envisaged therein. If no fine is imposed s. 357 (1) has no application. Sub- s. (3) of s.357 on the
other hand deals with the situation where fine does not form part of the sentence imposed by a
Court. In such a case the Court while passing a judgment can order the accused persons to pay by
way of compensation such amount as may be specified in the order or the judgement to the
person who has suffered a loss or injury by reason of the act of which the accused person has
been so convicted and sentenced. The basic difference between sub-ss. (1) and (3) of s.357 is that
in the former case, the imposition of the fine is the basic and essential requirement, while in the
latter even in the absence of provision thereof empowers the Court to direct payment of
compensation. Such power is available to be exercised by appellate Court or by the High Court
or Court of Session when exercising revisional powers. However, the High Court and Supreme
Court can award compensation only after giving accused an opportunity of hearing. It was also

11
(2007) 8 SCC 338
12
2004 CrLJ 880 SC
Page 9 of 16
made clear that the power of Court to award compensation under s. 357 of Cr.P.C. is not
ancillary to power to award other sentences.

Theory behind the Compensation and Costs of Victims

S. 357 was the only provision in Criminal Procedure Code to compensate the victims of offence.
The compensation was to be payable by the accused and on his conviction. This provision
therefore prescribes the person(s) as well as the circumstances (i.e. conviction of the accused) in
which the compensation can be paid to the victim by the offender. It is a fact that majority of
people who are accused of and are convicted of crimes are poor and therefore this provision of
accused depended compensation was never a satisfactory answer to the woes of victims of crime.
The payment of compensation by the offender is not possible where there is acquittal or where
the offender is not apprehended. Further, the payment remains suspended till the limitation
period for the appeal expires or if an appeal is filed, till the appeal is disposed off. The delay in
the realization of the amount often adds to the woes of the victim. In that event is it not the duty
of the state to compensate the victims of crime. Jeremy Bentham an English jurist and
philosopher advocated compensation to victims, holding that, “satisfaction” should be drawn
from the offender’s property, but if the offender is without property…. It ought to be furnished
out of the public treasury, because it is an object of public good. Jeremy Bentham advocated the
theory of strict liability, which claims that compensation should be awarded because the social
contract between the victim and his government has been broken13. That is, the victim has a legal
claim against the state for its failure to prevent the crime that produced the victimization.
Since the government limits the ability of the individual, to protect him and instead gives that
power to law enforcement personnel and taxes the individual to support those personnel, then the
victim can hold the government liable when its law enforcement activities are unsuccessful. And,
the case against the government is enhanced when one considers the barriers it creates against
the victims being restituted by the offender, including the aforementioned doctrine of mutuality
which limits the chances of civil recovery, and the states imprisonment of the offender-which
impedes his ability to reimburse the victim.

13
Jeremy Bentham, An Introduction to principles of Morals and Legislation
Page 10 of 16
Nature of injury to victim is a relevant factor
The Court invoked this provision where the accused caused disfigurement of face of victim as a
factor to be considered for awarding compensation14. The Court should grant reasonable
compensation to the injured15. In a case of serious nature while reducing the sentence of death to
imprisonment for life, the widow and her minor children should be compensated for the loss they
have suffered16. Where the accused for giving a single hammer blow on the head of the deceased
convicted under s. 302, part 2 had been in jail for some trial during trial, after conviction had
been in jail for more than one year, the sentence imposed was reduced to the sentence already
undergone, the Supreme Court further directed the accused to pay 20,000/- as compensation to
the widow of deceased17.

Person entitled to get Compensation and Costs

Ideally, all victims of all crimes should be entitled to get compensation18. Under different laws
and court verdicts persons have been declared entitle to get compensation for their suffering. The
victim may be, the person himself or the successors are the persons, who are successor in interest
and dependent upon the deceased. Justice requires that a person who has suffered (including
dependents) must be compensated. Basically, the accused is responsible for the reparation of any
harm caused to him. However, it might be that the accused, being too poor, is unable to make
any payment or otherwise unable to compensate the victim. In such situations, the state that has
failed to protect the life, liberty and property of its citizens should compensate the victim for loss
and suffering19.
Compensation cannot Awarded on Acquittal or Discharge This section does not empower a
court to award compensation for alleged offences other than those which form the subject matter
of inquiry in the case which the order is made, still less for offences of which the accused has
been acquitted nor where the accused is discharged and no fine is imposed.33 The High Court

14
Madan Lal v. State of H.P., 1990 CrLJ 310 (HP)
15
Sukhdev Singh v. Lal Chand, 1986 Crimes 495 (P&H)
16
Guruswamy v. State of T.N., AIR 1979 SC 1117
17
Sarup Singh v. State of Haryana, AIR 1995 SC 2452
18
Vibhute K.I., Criminal Justice – A Human Rights Perspective of the Criminal Justice Process in India, 365 Eastern
Book Company, Lucknow Ist Edition (2004) 20
19
Id at 352
Page 11 of 16
while dealing with an appeal against the acquittal, in a case of suicide under ss. 304B, 306 and
498A of IPC, express surprise that at the pre-trial stage, the accused persons were made to
deposit certain amount in the court which was paid as compensation to the father of the
deceased. The High Court, however, refrained from interfering with that order as the amount was
already disbursed.

Compensation and Costs cannot be Awarded on Acquittal or Discharge This section

does not empower a court to award compensation for alleged offences other than those which

form the subject matter of inquiry in the case which the order is made, still less for offences of

which the accused has been acquitted nor where the accused is discharged and no fine is

imposed.33 The High Court while dealing with an appeal against the acquittal, in a case of

suicide under ss. 304B, 306 and 498A of IPC, express surprise that at the pre-trial stage, the

accused persons were made to deposit certain amount in the court which was paid as

compensation to the father of the deceased. The High Court, however, refrained from interfering

with that order as the amount was already disbursed20.

State Liability to pay compensation and Costs - The statutory liability to pay

compensation to the complainant is on the accused. The State cannot be directed to pay

compensation under s.35721.Where the accused had caused knife injuries to the deceased, in

Government hospital due to the negligence of the doctors the deceased developed gangrene and

died, the High Court directed the State Government to pay Rs. 1.5 lac as compensation to the

legal heirs of the deceased22.

20
State v. Srikant &ors., 2002 Cr.LJ 3605 (Kant.)
21
State of M.P. v. Mangu, 1995 Cri.LJ 3852
22
State of Karnataka v. Bhadrayya, 2004 Cri.LJ NOC 111 (Kant-DB)
Page 12 of 16
Limit of compensation and Costs - The Court can award compensation to the complainant
for which no limit is prescribed in s.35723, but in fixing the amount of compensation the Court
has to consider what would be reasonable compensation payable to the complainant24. The
compensation should commensurate with the paying capacity of the accused to pay as also other
facts and circumstances of the case like the gravity of the offence, the needs of the victims
family25, etc. Option to award compensation under s.357 without reference to pecuniary limits
for imposing fine is available when the fine is not part of sentence imposed by Magistrate26

There is no provision of law which excludes the jurisdiction of a Civil Court to proceed with the
suit for damages even where s.357 might be invoked by a Criminal Court27. Where in his
criminal prosecution, the accused has paid compensation under s.357 of Cr.P.C., a special duty
has been cast on the Civil Court by the provision of sub-s.(5) of s.357 to adjust the compensation
so paid while passing a decree in Civil Court.57 In R. Vijayan v. Baby28, “It is evident from the
sub- section (3) of section 357 of the Code, that where the sentence imposed does not include a
fine, that is, where the sentence relates to only imprisonment, the court, when passing judgment,
can direct the accused to pay by way of compensation, such amount as may be specified in the
order to the person who has suffered any loss or injury by reason of the act for which the accused
has been so sentenced. The reason for this is obvious. Sub- section (1) of section 357 provides
that court imposes a sentence of fine or a sentence of which fine forms a part, the court may
direct the fine amount to be applied in the payment to any person of compensation for any loss or
injury caused by the offence, when compensation is, in the opinion of the court, recoverable by
such person in a Civil Court. Thus, if compensation could be paid from out of the fine, there is
no need to award separate compensation. Only where the sentence does not include fine but only
imprisonment and court finds that the person who has suffered any loss or injury by reason of the
act of the accused person, requires to be compensated, it is permitted to award compensation
under section 357 (3).

23
Pankajbhai Nagjibhai Patel v. State of Gujarat, AIR 2001 SC 567
24
K. Bhaskaran v. Sankarm Vidhyan Balan, AIR 1999 SC 376
25
Rachpal Singh v. State of Punjab, AIR 2002 SC 2710
26
Maganlal Jain v. Abhijeet Kumar Das, 2004 CrLJ 2415 at 2416; See also, Supra note 3
27
Varghese v. Varghese, 2000 (1) KLT 489 at 493 (Ker.)
28
AIR 2012 SC 528
Page 13 of 16
CONCLUSION REMARKS

The foregoing discussion leads to conclude that legal framework governing the payment of
compensation to victims of crime in India reveals that law in India was fragmentary and
inadequate to compensate victims of crime. But on the recommendations29 of Law Commission
of India, recently the Code has been amended by the Criminal Amendment Act, 2008. It further
strengthens the scope of law relating to compensation. Through this amendment s.357A has been
introduced in the Code which is the need of the hour. Because the law is to be victim friendly so
that the individuals also experience the real justice existing in the modern complex Indian
society. Real and natural justice guarantee the rehabilitation and ultimate removal of hardships of
aggrieved, which to an extent, can be achieved through compensation. and by introducing the
victim compensation scheme, it gives the platform to victims to get compensation from the
accused if he is found otherwise in case of unidentified or untraced accused the District/State
Legal Authorities will pay the adequate compensation to the victim for his/her sufferings after
the inquiry which should be completed within two months.

In spite of that s.357A has also certain draw backs; it is not exhaustive in nature because the co-
ordination between the centre and state is a pre- requisite for providing funds for the purpose of
compensation scheme. Though there is lack of coordination due to the opposition of political
parties at the centre and state level or for any other person and because of this the benevolent
object of these provisions may be defeated. Clause (2) of s.357A provides that the

29
42nd Report, Supra note 81, admitted that our Courts are not particularly liberal in utilizing
these provisions; they do not exercise their statutory powers, under this section as freely and
liberally as could be desired. Supreme Court also carried the same impression and appealed to
all Courts in India to exercise their powers liberally to meet the end of Justice in a better way. It
may be noted that the power of Courts to award compensation is not ancillary to other sentences
but is in addition thereto. This power was intended to do something to re-assure the victim that
he is not forgotten the in criminal justice system. It is, to some extent, a constructive approach to
crimes. In 152nd Report (152nd report of Law Commission of India (Govt. of India) on
Custodial Crime (1994)) the Commission has recommended the introduction of s. 357-A of
Cr.P.C. prescribing that compensation be awarded at the time of sentencing to the victims of the
crime Rs.25,000/- in the case of bodily injury not resulting in death, Rs. One Lac in the case of
death. In 154th Report (154th report of Law Commission of India (Govt. of India) on Cr.P.C
(1996)) it went one more stage ahead and recommended for s. 357-A of Cr.P.C. to provide for a
comprehensive scheme of payment of compensation for all victims fairly and adequately by the
courts.
Page 14 of 16
recommendation for the compensation is firstly made by the Court (who decides the matter) and
thereafter the District/State Legal Authorities shall decide the quantum of compensation which
may generates the delay and denial the justice to victim of crime. Ultimately the sufferer again is
the victim of crime. Thus it is completely clear that even if several amendments have been
introduced in Cr.P.C yet there is dearth of proper comprehensive laws related to compensation
that can bring actual relief to the victims of crime. It validates our first hypothesis that states
existing legal framework providing for compensation by offender to his victim for loss suffered
or injury caused by commission of offence is inadequate. Apart from it, there are number of
special laws which have proclaimed to award compensation for victims but the present study
reveals that these statutes have been made for different purposes and there is no clear cut
direction available from legislature as well as judiciary. These laws are less helping and more
confusing to the victim. These Acts are providing compensation to their own victims of crime
only. Thus insertion of ss. 357 A, 357 B, 357 C is only one step in the direction of recognizing a
range of victim’s rights in criminal justice. The criminal justice system has for too long been
preoccupied with safeguards and protections of the accused. The case for a viable, social justice-
oriented and effective scheme for compensating victims is very widely felt because the victim of
crime being a component of criminal justice administration is entitled to social justice contained
in Constitution. On the other hand, it is vivid that the power of Supreme Court under Art. 32 to
deviate from the traditional jargon and to formulate new horizons in granting relief for violation
of fundamental rights particularly the right to personal liberty.

Page 15 of 16
**********************

Page 16 of 16