What Is BNSS Section 399?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 399: Compensation to Persons Groundlessly Arrested

(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.

Brefe Detail

Section 399 provides for compensation to individuals who are groundlessly arrested. If a Magistrate determines that an arrest lacked sufficient grounds, they can award compensation, up to one thousand rupees, to the wrongfully arrested person. This section also allows for compensation to multiple individuals if applicable and outlines recovery methods for the awarded amounts.

Question & Answers

Q1: What can a Magistrate do if an arrest is found to be groundless?

A1: The Magistrate may award compensation, not exceeding one thousand rupees, to the person who was wrongfully arrested.

Q2: How is the amount of compensation determined?

A2: The compensation is determined by the Magistrate based on the loss of time and expenses incurred by the person who was arrested.

Q3: What happens if multiple persons are groundlessly arrested?

A3: The Magistrate may award each of them compensation, not exceeding one thousand rupees.

Q4: How can the awarded compensation be recovered?

A4: All compensation awarded under this section may be recovered as if it were a fine.

Q5: What if the compensation cannot be recovered?

A5: If the compensation cannot be recovered, the person responsible may face simple imprisonment for up to thirty days unless the sum is paid sooner.

Example

- Example of Groundless Arrest Compensation:
A person causes the police to arrest another individual without sufficient grounds. After a hearing, the Magistrate finds the arrest unjustified and awards the arrested person 800 rupees for their loss of time and expenses.

- Multiple Arrests Example:
If three people are arrested without sufficient cause, the Magistrate may award each of them 500 rupees as compensation, totaling 1500 rupees awarded.

Summary

Section 399 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes provisions for compensating individuals who have been groundlessly arrested. It empowers Magistrates to award compensation for loss of time and expenses while outlining the process for recovering such amounts. This section aims to protect individuals from unjust arrests and ensure accountability for those who cause such actions.