Procedure in cases instituted under section 199(2)
AI Assist
Summary
Session Court tries offences under this provision by following the warrant-case procedure used for Magistrate trials instituted otherwise than on a police report. The person alleged to be offended is normally examined for the prosecution and the trial may be held in camera. If the Court discharges or acquits and finds no reasonable cause, it can direct the complainant to show cause and may order up to Rs 1,000 as compensation, recoverable as a fine; the order is appealable and payment is stayed until the appeal period or disposal.
Example
Priya files a complaint under this provision against shopkeeper Aditya in the Sessions Court. The Court examines Priya as a prosecution witness and holds the trial in camera at her request. If Aditya is acquitted and the Court finds Priya had no reasonable cause for the accusation, the Court can order Priya to show cause and may award Aditya up to Rs 1,000 as compensation, recoverable as a fine; Priya can appeal.
Bare Act
Enacted text(1) A Court of Session taking cognizance of an offence under Sub-Section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union Territory) 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.
(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
(5) Compensation awarded under Sub-Section (4) shall be recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under Sub-Section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:
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.
(7) The person who has been ordered under Sub-Section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
(8) When an order for payment of compensation to an accused person is made, 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.
Previous year papers
Pick your exam. we'll email the most recent paper.