Compensation to persons groundlessly arrested
AI Assist
Summary
When someone causes another person to be arrested and the Magistrate finds there was no sufficient ground, the Magistrate may order that person to pay compensation up to Rs.1,000 for the arrested person’s loss of time and expenses. If several people were arrested, each may get up to Rs.100. The award is recoverable as if it were a fine and, if not recovered, may be enforced by simple imprisonment for up to 30 days.
Example
Ravi is arrested after a neighbour asks police to detain him for a missing item, but the Magistrate finds no sufficient ground. The Magistrate may order the neighbour to pay Ravi compensation (up to Rs.1,000) for loss of time and expenses; if the sum cannot be recovered as a fine, Ravi could get enforcement by up to 30 days' simple imprisonment against the payer.
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 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.
(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 hundred 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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