Skip to contentSkip to left sidebar Skip to footer

Chapter-5 Compensation Levy

 

  1. Provisions relating to compensation levy: (1) The offender shall pay the following amount to the Fund, as the compensation levy:

(a)        Two hundred rupees where punishment of imprisonment for less than one year is imposed,

(b)        Four hundred rupees where punishment of imprisonment for one year to two years is imposed,

(c)        Six hundred rupees where punishment of imprisonment for two years to three years is imposed,

(d)       Eight hundred rupees punishment of imprisonment for three years to four years is imposed,

(e)        One thousand rupees where punishment of imprisonment for four years to five years is imposed,

(f)        One thousand three hundred rupees where punishment of imprisonment from five years to eight years is imposed,

(g)        One thousand eight hundred rupees where punishment of imprisonment from eight years to twelve years is imposed,

(h)        Two thousand two hundred rupees where punishment of imprisonment for above twelve years but below life imprisonment is imposed,

(i)         Two thousand eight hundred rupees where punishment of life imprisonment is imposed.

(2) The offender who has been sentenced to a fine only but not to imprisonment shall pay the compensation levy in such an amount as to be set by four percent of the fine so imposed.

(3) Where the offender is sentenced to both punishments of imprisonment and fine, he or she shall pay the compensation levy in such an amount which becomes the higher, out of that to be set from the imprisonment and fine pursuant to sub-section (1) or (2).

(4) The court shall determine the compensation levy pursuant to this Section while making judgment on the offence concerned.

(5) The compensation levy referred to in this Section shall be credited to the Fund.

  1. Liability to pay compensation levy not to be deemed terminated: (1) Even if it is required to pay a fine or bear any other pecuniary liability as well for the offence in relation to which the compensation levy is to be paid pursuant to Section 41 or to pay compensation paid to the victim, the liability to pay the compensation levy referred to in Section 41 shall not be deemed to have terminated.

(2) Even in cases where the sentence imposed on the offender is pardoned, postponed, changed or lessened or remitted or suspended pursuant to the prevailing law, the liability of the offender to pay the compensation levy referred to in Section 41 shall not be deemed to have terminated.

  1. Power to make order to lessen, or dispense with the requirement to pay, the compensation levy: (1) If any offence is not able to pay the compensation levy referred to in Section 41, he or she may make an application, along with the basis, ground, reason therefor and evidence thereof, to the court concerned for an order that the compensation be lessened or the requirement to pay it be dispensed with.

(2)        While inquiring into the application made pursuant to sub-section (1), where the court thinks that there is a reasonable condition that such an offender cannot pay the compensation levy, the court may make an order that the compensation levy referred to in Section 41 be lessened or the requirement to pay it be dispensed with.