§ 360 — Provisions as to money payable as compensation

360.—(1) Subject to the provisions of this Code, where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of compensation, the court making the order may at any time before that sum has been paid in full, in its discretion, do all or any of the following things:(a)

allow and extend time for the payment of that sum;

(b)

direct payment to be made of that sum by instalments;

(c)

order the attachment of any property, movable or immovable, belonging to the person —(i)

by seizure of such property which may be sold and the proceeds applied towards the payment of that sum; or

(ii)

by appointing a receiver who is at liberty to take possession of and sell such property and apply the proceeds towards the payment of that sum;

(ca)

direct any person who owes money to the person ordered to pay compensation to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the compensation sum;

(d)

direct that in default of payment of the compensation sum, that person must suffer imprisonment for a certain term, which imprisonment must be consecutive with any other imprisonment to which that person may be sentenced or to which that person may be liable under a commutation of sentence;

(e)

direct that that person be searched, and that any money found on that person when so searched or which, in the event of that person being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of that sum; the surplus (if any) being returned to him or her.[33/2012]

(2) Before allowing time for payment of any sum under subsection (1)(a) or directing payment of it to be made by instalments under subsection (1)(b), the court may require that person to execute a bond with or without sureties on condition that that person pays that sum or the instalments (as the case may be) on the day or days directed; and if that sum or any instalment is not paid as ordered, then the whole of that sum remaining unpaid becomes due and payable and the court may issue a warrant for the person’s arrest.

(3) Any money found on a person under subsection (1)(e) must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found.

(4) The term for which the court directs that person to be imprisoned in default of payment of the compensation sum must not exceed the following scale:(a)

when the money to be paid does not exceed $50, the imprisonment may be for any term not exceeding 2 months;

(b)

when the money to be paid exceeds $50 but does not exceed $100, the imprisonment may be for any term not exceeding 4 months;

(c)

in any other case, the imprisonment may be for a term not exceeding 6 months.

(5) The imprisonment which the court imposes under this section terminates whenever the money is paid or levied by process of law, and the person must be released from detention in prison as soon as reasonably practicable.[Act 32 of 2024 wef 25/11/2024]

(6) If before the end of the period of imprisonment imposed in default of payment of the compensation sum, such a proportion of the money is paid or levied that the time of imprisonment already suffered in default of payment of the compensation sum is at least equivalent to the part of the sum still unpaid, then —(a)

the imprisonment must end; and

(b)

the person must be released from detention in prison as soon as reasonably practicable.[Act 32 of 2024 wef 25/11/2024]

(7) If the person fails to pay the court the amount which the person is directed to pay under subsection (1)(ca), it is recoverable as though it were a judgment debt due to the court.[33/2012]

(8) Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)(c)(i) or the taking of possession of any property by the receiver under subsection (1)(c)(ii) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (1)(c) and the court is to make such order as it sees fit.[33/2012]

—(1) Subject to the provisions of this Code, where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of compensation, the court making the order may at any time before that sum has been paid in full, in its discretion, do all or any of the following things:(a)

allow and extend time for the payment of that sum;

(b)

direct payment to be made of that sum by instalments;

(c)

order the attachment of any property, movable or immovable, belonging to the person —(i)

by seizure of such property which may be sold and the proceeds applied towards the payment of that sum; or

(ii)

by appointing a receiver who is at liberty to take possession of and sell such property and apply the proceeds towards the payment of that sum;

(ca)

direct any person who owes money to the person ordered to pay compensation to pay the court the amount of that debt due or accruing or the amount that is sufficient to pay off the compensation sum;

(d)

direct that in default of payment of the compensation sum, that person must suffer imprisonment for a certain term, which imprisonment must be consecutive with any other imprisonment to which that person may be sentenced or to which that person may be liable under a commutation of sentence;

(e)

direct that that person be searched, and that any money found on that person when so searched or which, in the event of that person being committed to prison, may be found on him or her when taken to prison, is to be applied towards the payment of that sum; the surplus (if any) being returned to him or her.[33/2012]

(2) Before allowing time for payment of any sum under subsection (1)(a) or directing payment of it to be made by instalments under subsection (1)(b), the court may require that person to execute a bond with or without sureties on condition that that person pays that sum or the instalments (as the case may be) on the day or days directed; and if that sum or any instalment is not paid as ordered, then the whole of that sum remaining unpaid becomes due and payable and the court may issue a warrant for the person’s arrest.

(3) Any money found on a person under subsection (1)(e) must not be so applied if the court is satisfied that the money does not belong to the person on whom it was found.

(4) The term for which the court directs that person to be imprisoned in default of payment of the compensation sum must not exceed the following scale:(a)

when the money to be paid does not exceed $50, the imprisonment may be for any term not exceeding 2 months;

(b)

when the money to be paid exceeds $50 but does not exceed $100, the imprisonment may be for any term not exceeding 4 months;

(c)

in any other case, the imprisonment may be for a term not exceeding 6 months.

(5) The imprisonment which the court imposes under this section terminates whenever the money is paid or levied by process of law, and the person must be released from detention in prison as soon as reasonably practicable.[Act 32 of 2024 wef 25/11/2024]

(6) If before the end of the period of imprisonment imposed in default of payment of the compensation sum, such a proportion of the money is paid or levied that the time of imprisonment already suffered in default of payment of the compensation sum is at least equivalent to the part of the sum still unpaid, then —(a)

the imprisonment must end; and

(b)

the person must be released from detention in prison as soon as reasonably practicable.[Act 32 of 2024 wef 25/11/2024]

(7) If the person fails to pay the court the amount which the person is directed to pay under subsection (1)(ca), it is recoverable as though it were a judgment debt due to the court.[33/2012]

(8) Any person may, not later than 7 days after the date of the seizure of any property under subsection (1)(c)(i) or the taking of possession of any property by the receiver under subsection (1)(c)(ii) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (1)(c) and the court is to make such order as it sees fit.[33/2012]