(1) If, in any case instituted upon complaint or upon information given to a
police officer or to a Magistrate, one or more persons is or are accused before a Magistrate
of any offence triable by a Magistrate, and the Magistrate by whom the case is heard
discharges or acquits all or any of the accused, and is of opinion that there was no reasonable
ground for making the accusation against them or any of them, the Magistrate may, by his
order of discharge or acquittal, if the person upon whose complaint or information the
accusation was made is present, call upon him forthwith to show cause why he should not
pay compensation to such accused or to each or any of such accused when there are more
than one; or, if such person is not present, direct the issue of a summons to him to appear
and show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or
informant may show, and if he is satisfied that there was no reasonable ground for making
the accusation, may, for reasons to be recorded, make an order that compensation to such
amount, not exceeding the amount of fine he is empowered to impose, as he may determine,
be paid by such complainant or informant to the accused or to each or any of them.
(3) The Magistrate may, by the order directing payment of the compensation under
sub-section (2), further order that, in default of payment, the person ordered to pay such
compensation shall undergo simple imprisonment for a period not exceeding thirty days.
(4) When any person is imprisoned under sub-section (3), the provisions of
sections 68 and 69 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply.
(5) No person who has been directed to pay compensation under this section shall,
by reason of such order, be exempted from any civil or criminal liability in respect of the
complaint made or information given by him:
Provided that any amount paid to an accused person under this section shall be taken
into account in awarding compensation to such person in any subsequent civil suit relating
to the same matter.
(6) A complainant or informant who has been ordered under sub-section (2) by a
Magistrate of the second class to pay compensation exceeding one thousand rupees, may
appeal from the order, as if such complainant or informant had been convicted on a trial held
by such Magistrate.
(7) When an order for payment of compensation to an accused person is made in a
case which is subject to appeal under sub-section (6), the compensation shall not be paid to
him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal
is presented, before the appeal has been decided; and where such order is made in a case
which is not so subject to appeal the compensation shall not be paid before the expiration
of one month from the date of the order.
(8) The provisions of this section apply to summons-cases as well as to
warrant-cases.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) If, in any case instituted upon complaint or upon information given to apolice officer or to a Magistrate, one or more persons is or are accused before a Magistrateof any offence triable by a Magistrate, and the Magistrate by whom the case is hearddischarges or acquits all or any of the accused, and is […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1764","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n