Chapter XXVII

Section 358 CrPC: Compensation to persons groundlessly arrested

New Law Update (2024)

Section 420 BNSS

TRIAL COURT

Magistrate's Court

Punishment​

Fine

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground of causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.
(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such Magistrate thinks fit.
(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.

Important Sub-Sections Explained

Section 358(1) CrPC

This sub-section empowers the Magistrate to award compensation, up to one thousand rupees, to a person who was groundlessly arrested due to another individual’s instigation. The compensation covers time lost and expenses incurred.

Section 358(3) CrPC

This sub-section explains how the awarded compensation is recovered, treating it like a fine. If the compensation cannot be recovered, the person liable may face simple imprisonment for a term not exceeding thirty days.

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Draft Format / Application

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