How are the persons arrested groundlessly, compensated? Write a short note on order to pay costs in non-cognizable cases?

Question: How are the persons arrested groundlessly, compensated? Write a short note on order to pay costs in non-cognizable cases?

Find the answer only on Legal Bites. [How are the persons arrested groundlessly, compensated? Write a short note on order to pay costs in non-cognizable cases?]

Answer

Compensation to persons groundlessly arrested and Order to pay costs in non-cognizable cases are defined under Sections 358 and 359 of Crpc 1973. Provisions under these sections are:

Section 358 of CrPC “Compensation to persons groundlessly arrested”

• 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 for causing such arrest, the Magistrate may award such compensation, not exceeding 1[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.
• 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 1 [one thousand rupees], as such Magistrate thinks fit.
• All compensation awarded under this section may be recovered as if it were 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.

There must be a direct and proximate nexus between the complaint and the arrest for the award of compensation under section 358. Before making an order for compensation, an opportunity to show cause against the order must be given to the complainant. Principles of natural justice have to be read in section 358.

In a relevant case of Dhananjay Sharma v. State of Haryana, AIR 1995 SC 1795, where two persons were illegally detained for two days by Haryana Police, they were held to be entitled to compensation, had they not indulged in falsehood in the Supreme Court making themselves disentitled to receive compensation.

Section 359 of Crpc “Order to pay costs in non-cognizable cases”

(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and pleader’s fees which the Court may consider reasonable.

(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

This section empowers the Court to order payment of the entire costs that may have been incurred by the complainant including the expenses incurred by way of payment of process fees, bhatta charges to the witnesses, and fees paid to the pleader. It refers to any complaint in respect of a non-cognizable offence.

This section may be compared with section 357(1)(a) which is wider in terms and refers to “expenses properly incurred in the prosecution”. The order in both cases is discretionary. Under section 357, compensation is generally paid out of the fine levied (though it may be independent of any such levy also), whereas, under this section, it is in addition to the fine.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
4. CRPC Mains Questions Series Part IV: Important Questions
5. CRPC Mains Questions Series Part V: Important Questions
6. CRPC Mains Questions Series Part VI: Important Questions
7. CRPC Mains Questions Series Part VII: Important Questions
8. CRPC Mains Questions Series Part VIII: Important Questions
9. CRPC Mains Questions Series Part IX: Important Questions
10. CRPC Mains Questions Series Part X: Important Questions
11. CRPC Mains Questions Series Part XI: Important Questions