(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.
Bharatiya Nagarik Suraksha Sanhita
Section 399
Compensation to persons groundlessly arrested
⚡ Quick Answer Reference: Section 399 BNSS
- Provision: Section 399 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: This section allows a Magistrate to award compensation to a person who was wrongly arrested. The compensation can be up to 1000 rupees for the person's loss of time and expenses. If multiple people were arrested, the Magistrate can award compensation to each of them separately.
What does Section 399 of BNSS say?
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What does Section 399 of BNSS mean?
Plain English Explanation
This section allows a Magistrate to award compensation to a person who was wrongly arrested. The compensation can be up to 1000 rupees for the person's loss of time and expenses. If multiple people were arrested, the Magistrate can award compensation to each of them separately.
Practical Interpretation
In practice, this section means that if a person is wrongly arrested, they can claim compensation from the person who caused the arrest. The Magistrate will decide the amount of compensation based on the person's loss of time and expenses.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for compensating people who are wrongly arrested, and to hold the person responsible for the arrest accountable for their actions.
- •A police officer was caused to arrest another person.
- •There was no sufficient ground for the arrest.
- •The Magistrate must award compensation to the person arrested.
- •The compensation cannot exceed 1000 rupees.
Practical Example of Section 399 BNSS
Rajesh, a police officer, arrested Priya on a false charge. The Magistrate heard the case and found that there was no sufficient ground for the arrest. The Magistrate awarded Priya 500 rupees as compensation for her loss of time and expenses. Rajesh was also ordered to pay the compensation.
Frequently Asked Questions about Section 399 BNSS
Q: What is the punishment or consequence under Section 399 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. If the compensation cannot be recovered, the person responsible for the arrest may be sentenced to simple imprisonment for up to 30 days.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. Any person who causes a police officer to arrest another person without sufficient ground may be liable for compensation.
Q: Is an offence under this section bailable or cognizable?
This section is a civil provision and does not classify the offence as bailable or cognizable. However, the Magistrate may sentence the person responsible for the arrest to simple imprisonment if the compensation cannot be recovered.
Common Questions about Section 399 BNSS
What is Section 399 of BNSS?
Section 399 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Compensation to persons groundlessly arrested". In plain terms: This section allows a Magistrate to award compensation to a person who was wrongly arrested. The compensation can be up to 1000 rupees for the person's loss of time and expenses. If multiple people were arrested, the Magistrate can award compensation to each of them separately.
What is the punishment under Section 399 of BNSS?
Section 399 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 399 of BNSS bailable or non-bailable?
Whether Section 399 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 399 of BNSS?
The essential elements of Section 399 of BNSS are: A police officer was caused to arrest another person.; There was no sufficient ground for the arrest.; The Magistrate must award compensation to the person arrested..
Landmark Judgments under Section 399 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 399
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