CrPC Section 250 — Compensation for accusation without reasonable cause

Summary

Sub-section (1) applies when a case based on a complaint or information given to a police officer or Magistrate accuses one or more people of an offence triable by a Magistrate. If the Magistrate discharges or acquits all or any of them and considers that there was no reasonable ground for the accusation, the Magistrate may call on the complainant or informant to explain why they should not pay compensation. If that person is present, the Magistrate may call on them to explain immediately; if not, the Magistrate may summon them to appear and explain.

Sub-section (2) requires the Magistrate to record and consider any explanation given by the complainant or informant. If satisfied that there was no reasonable ground for the accusation, the Magistrate may give recorded reasons and order that person to pay compensation to the accused, or to any of them, in an amount the Magistrate decides. The amount cannot exceed the maximum fine the Magistrate is authorised to impose.

Sub-section (3) allows the Magistrate to order that, if the compensation is not paid, the person ordered to pay it must undergo simple imprisonment for up to thirty days.

Sub-section (4) says that, when someone is imprisoned under sub-section (3), sections 68 and 69 of the Indian Penal Code apply so far as they can.

Sub-section (5) says that an order to pay compensation does not exempt the complainant or informant from any civil or criminal liability relating to the complaint or information. The proviso says that any amount paid to an accused person under this section must be taken into account when compensation is awarded to that person in a later civil suit about the same matter.

Sub-section (6) allows a complainant or informant ordered by a Magistrate of the second class to pay more than one hundred rupees in compensation to appeal against the order as if they had been convicted at a trial before that Magistrate.

Sub-section (7) says that compensation cannot be paid to the accused before the time allowed for an appeal has expired, or, if an appeal is filed, before it is decided, in a case where an appeal is available under sub-section (6). If no such appeal is available, payment cannot be made until one month after the order.

Sub-section (8) says that this section applies to both summons-cases and warrant-cases.

Official Text

(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 Indian Penal Code (45 of 1860) 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 hundred 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.

Sections referred to

• IPC §68 — Imprisonment to terminate on payment of fine
• IPC §69 — Termination of imprisonment on payment of proportional part of fine

Related Judgments

• MANOJ KUMAR TIWARI vs MANISH SISODIA & ORS — Supreme Court of India (2022)
• DHARMESH @ DHARMENDRA @ DHAMO JAGDISHBHAI @ JAGABHAI BHAGUBHAI RATADIA vs THE STATE OF GUJARAT — Supreme Court of India (2021)
• HDFC BANK LTD vs AMARJEET SINGH SIYAL — Delhi High Court (2017)
• RAJIB RANJAN & ORS. vs R. VIJAYKUMAR — Supreme Court of India (2014)

Old <-> New Code Mapping

• BNSS §273 — Compensation for accusation without reasonable cause