CPC Section 95 — Compensation for obtaining arrest, attachment or injunction on insufficient ground
Civil
Summary
If a court finds that a person asked for someone else to be arrested or have their property seized or restricted without a good reason, or if the person who started the case loses and had no reasonable basis for doing so, the person who was affected can ask the court for compensation. The court can then order the person who started the case to pay up to fifty thousand rupees, or less if that is the court’s limit, to cover expenses, injury, or harm to reputation. Once the court decides on this request, no separate lawsuit can be filed later for compensation related to that arrest, attachment, or injunction.
Official Text
(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,--
(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable grounds for instituting the same, the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount not exceeding fifty thousand rupees, as it deems a reasonable compensation to the defendant for the expense or injury (including injury to reputation) caused to him:
Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.