Compensation to persons groundlessly arrested
AI Assist
Summary
When a person causes the police to arrest someone without sufficient ground, the Magistrate may award that arrested person up to Rs 1,000 as compensation for loss of time and expenses. If several people were arrested, each can get up to Rs 1,000. The award is recoverable like a fine, and if it cannot be recovered the liable person may be sentenced to simple imprisonment for up to 30 days until payment.
Example
Ravi is arrested after a neighbour tells police he entered the neighbour's land without permission, but at the hearing the Magistrate finds no sufficient ground. The Magistrate may award Ravi up to Rs 1,000 for his lost time and expenses. If the sum cannot be recovered like a fine, the person who caused the arrest may be sentenced to simple imprisonment for up to 30 days until it is paid.
Bare Act
Enacted text(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.
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