Section 77: Compensation to smuggled migrants.

(1)
where any person is convicted of an offence under this Act or any other relevant law; the court may, in addition to any penalty or measure and irrespective of the immigration status of the smuggled person, order the offender to compensate in whole or in part an object of any such offence for the economic, physical, psychological, emotional, or other injury, loss or damage caused to or suffered by him in the course of or in consequence of the commission of the offence where in the opinion of the court compensation is recoverable by civil suit.
(2)
The award of such compensation shall be a bar to any further action for the same injury loss or damage :
Provided however that an action may lie with the consent of the court consequent upon an application for the purpose upon the ground that the award by the criminal court is so grossly inadequate as to amount to a miscarriage of justice:
Provided also that in any such subsequent civil proceeding the court shall take into account any such sum already awarded as compensation in awarding its own compensation:
And provided further that a refusal to accept a compensaticrn ordered as above shall be a bar to any further action for the same injury loss or damage.
(3) Where there are two or more offenders convicted of an offence and they are adjudged to make compensation to the person who suffered injury, loss or damage, the Court shall apportion the amount of compensation payable by each offender according to the degree of his guilt or the benefit derived by him, or as the Court may otherwise determine.
(4) Where compensation is awarded in addition to any other punishment, and that other punishment is subject to appeal, no such amount awarded in compensation shall be paid before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the decision on the appeal.
(5)
Where an order for compensation has been executed and the conviction is later set aside, the compensation order shall stand notwithstanding:
Provided that any such unexecuted compensation order may be enforced even after the conviction has been set aside where the circumstances are such that a civil court would have ordered compensation in similar circumstances had the matter been tried before it in a civil suit.