Section 260 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 260 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure for cases initiated under sub-section (2) of Section 222, which pertains to offenses involving the intentional omission by a public servant to apprehend a person under sentence of death. Here's a detailed explanation:
🧾 Section 260: Procedure in Cases Instituted Under Sub-Section (2) of Section 222
1. Trial Procedure
Court of Session: A Court of Session taking cognizance of an offense under sub-section (2) of Section 222 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.
Examination of the Person Against Whom the Offense Is Alleged: Unless the Court of Session, for reasons to be recorded, otherwise directs, the person against whom the offense is alleged to have been committed shall be examined as a witness for the prosecution.
2. In-Camera Trial
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. Compensation for False Accusation
Discharge or Acquittal: If the Court discharges or acquits all or any of the accused and is of the 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 offense was alleged to have been committed (other than the President, the 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.
Amount of Compensation: 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 five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
Recovery of Compensation: Compensation awarded under this section shall be recovered as if it were a fine imposed by a Magistrate.(
No Exemption from Civil or Criminal Liability: No person who has been directed to pay compensation under this section 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.
Appeal Against Compensation Order: The person who has been ordered under this section to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
Payment of Compensation: 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.
⚖️ Legal Context
This provision is analogous to Section 237 of the Criminal Procedure Code (CrPC), which also deals with the procedure in cases instituted under Section 199(2), relating to offenses involving defamation of public servants. Both provisions aim to ensure that when accusations are made, they are done so with reasonable cause, and provide mechanisms for compensation if the accusations are found to be baseless.
🔍 Practical Implications
For the Accused: Provides a safeguard against malicious or baseless accusations, allowing for compensation if acquitted.
For the Complainant: Encourages responsibility and caution in making accusations, knowing that baseless claims may lead to compensation orders.
For the Court: Ensures that trials are conducted fairly, with provisions for compensation in cases of unjust accusations.
For Legal Practitioners: Highlights the importance of substantiating accusations with reasonable cause to avoid potential compensation liabilities.
RELATED Blog
0 comments