Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 273: Compensation for accusation without reasonable cause
(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 Bharatiya Nyaya Sanhita, 2023 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 thousand 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.
Brefe Detail
This section outlines the procedure for compensating individuals who are wrongfully accused without reasonable grounds. It specifies the conditions under which a Magistrate can order compensation to the accused and the implications of such orders.
Question & Answers
What happens if the Magistrate discharges or acquits an accused?
If the Magistrate finds no reasonable ground for the accusation, he may call the complainant to show cause for compensation.
Can the accused receive compensation?
Yes, if the Magistrate determines there was no reasonable ground for the accusation, he can order compensation to be paid to the accused.
What is the maximum amount of compensation that can be ordered?
The compensation amount cannot exceed the fine that the Magistrate is empowered to impose.
What if the complainant does not pay the ordered compensation?
In default of payment, the complainant may undergo simple imprisonment for up to thirty days.
Can the complainant appeal against the compensation order?
Yes, if the compensation exceeds one thousand rupees, the complainant can appeal the order.
Example
- Case A: A complainant accuses a person of theft. The Magistrate finds no reasonable ground for the accusation and orders the complainant to pay compensation of ₹500. If the complainant fails to pay, he may face thirty days of simple imprisonment.
- Case B: A complainant is ordered to pay ₹1500 as compensation. Since this amount exceeds one thousand rupees, the complainant has the right to appeal the order.
Summary
Section 273 establishes the procedure for compensation when accusations are made without reasonable cause. It allows the Magistrate to hold the complainant accountable for frivolous accusations, ensuring justice for the accused while maintaining the complainant's right to appeal in cases of substantial compensation.
