Law4u - Made in India

What Is BNSS Section 399?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate J P Jangu

Advocate J P Jangu

Criminal, Cyber Crime, Civil, Court Marriage, Anticipatory Bail

Get Advice
Advocate Ateek

Advocate Ateek

Anticipatory Bail, Cheque Bounce, Civil, Divorce, Family, Motor Accident, Muslim Law, Criminal, Revenue

Get Advice
Advocate S R Muralidhar

Advocate S R Muralidhar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Medical Negligence, Muslim Law, Property, Recovery, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate Mujahidul Islam

Advocate Mujahidul Islam

Anticipatory Bail, Criminal, Cyber Crime, Divorce, Family, Motor Accident, Muslim Law, Cheque Bounce, Banking & Finance, Labour & Service, High Court, Domestic Violence, Court Marriage, Child Custody, Armed Forces Tribunal, Breach of Contract

Get Advice
Advocate Ankur Kumar Premi

Advocate Ankur Kumar Premi

Civil, Criminal, Consumer Court, Cheque Bounce, Motor Accident, Family, Domestic Violence

Get Advice
Advocate Raziya

Advocate Raziya

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ajay Sharma

Advocate Ajay Sharma

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Amaresh Rath

Advocate Amaresh Rath

Family, Domestic Violence, Criminal, Banking & Finance, Arbitration, Civil, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Landlord & Tenant, Motor Accident, R.T.I, Property, Divorce

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.