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Code of Criminal Procedure, 1973

Section 358

Compensation to persons groundlessly arrested

Quick Answer Reference: Section 358 CrPC

  • Provision: Section 358 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 358 of CrPC say?

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 of 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. 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 hundred rupees, as such Magistrate thinks fit. 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.

Indian StandardSection 358, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 358 (India)
Court Pleading StandardSection 358 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/358

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 358 CrPC

What is Section 358 of CrPC?

Section 358 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Compensation to persons groundlessly arrested". The section states: 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 of causing such ...

What is the punishment under Section 358 of CrPC?

Section 358 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 358 of CrPC bailable or non-bailable?

Whether Section 358 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 358 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)