CrPC Section 250
Section 250 of the Criminal Procedure Code (CrPC), 1973 (India) deals with the compensation for accusation without reasonable cause in cases instituted upon a complaint or upon information given to a magistrate.
Full Overview of CrPC Section 250:
1. Applicability:
This section applies to cases:
Instituted upon a complaint or information before a Magistrate.
Where no reasonable ground for the accusation is found.
The case ends in acquittal or discharge of the accused.
2. Key Provisions:
Subsection (1):
If a Magistrate discharges or acquits the accused and finds that the accusation was false and either frivolous or vexatious, the Magistrate may order the complainant or informant to show cause why they should not pay compensation to the accused.
Subsection (2):
The Magistrate, after giving the complainant/informant a chance to be heard, can order them to pay compensation (up to ₹1,000) to the accused if satisfied that the accusation was false and vexatious.
Subsection (3):
The compensation ordered can be recovered as if it were a fine.
Subsection (4):
If the person directed to pay does not have sufficient means, the court may waive or reduce the compensation amount.
Subsection (5):
If the complainant/informant fails to pay the compensation, they may be jailed for up to 30 days.
Subsection (6):
An appeal can be filed against an order under this section:
By the person ordered to pay compensation.
By the accused if no compensation is granted.
Subsection (7):
This section does not apply to police cases (i.e., those initiated by a police report).
Purpose:
Section 250 is aimed at deterring malicious prosecutions and protecting innocent persons from being harassed through false or vexatious complaints.
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