BNSS Section 399 — Compensation to persons groundlessly arrested

CHAPTER XXIX THE JUDGMENT

Criminal

Summary

If a person causes a police officer to arrest someone else, and the Magistrate hearing the case finds there was no good reason for that arrest, the Magistrate can order the person who caused the arrest to pay compensation of up to one thousand rupees to the person who was arrested. This compensation is for the arrested person’s lost time and expenses. If more than one person was arrested, the Magistrate can award each of them up to one thousand rupees. The compensation can be recovered like a fine, and if it cannot be paid, the person who owes it can be sent to simple jail for up to thirty days unless the amount is paid sooner.

Official 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 for 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 thousand 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §358 — Compensation to persons groundlessly arrested