Section 273 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 273 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the issue of false accusations in criminal cases and provides a mechanism for compensating individuals who have been wrongfully accused without reasonable cause.
Text of Section 273
Compensation for Accusation Without Reasonable Cause
Initiation of Proceedings: If, in any case instituted upon complaint or information given to a police officer or to a Magistrate, one or more persons are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate discharges or acquits all or any of the accused, and is of the opinion that there was no reasonable ground for making the accusation against them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused.(
Determination of Compensation: The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused
Default in Payment: The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.
Application of Provisions: When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply
No Exemption from Other Liabilities: 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 or information given by him. However, 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.
Right to Appeal: A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.(
Payment of Compensation: When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), 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; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order
Applicability: The provisions of this section apply to summons-cases as well as to warrant-cases.
Explanation
Section 273 empowers a Magistrate to order compensation to an accused person who has been acquitted or discharged, provided the Magistrate finds that the accusation was made without reasonable grounds. This provision aims to deter false accusations and protect individuals from malicious legal actions.
Key Points:
Reasonable Grounds: The Magistrate must be satisfied that there was no reasonable ground for making the accusation.
Amount of Compensation: The compensation amount is determined by the Magistrate and cannot exceed the maximum fine the Magistrate is empowered to impose.
Default in Payment: If the ordered compensation is not paid, the complainant or informant may be sentenced to simple imprisonment for up to thirty days.
Right to Appeal: If the compensation exceeds two thousand rupees, the complainant or informant has the right to appeal the order.(
Applicability: This section applies to both summons-cases and warrant-cases, ensuring broad applicability
Significance
Section 273 serves as a safeguard against false accusations, ensuring that individuals who are wrongfully accused have a legal recourse for compensation. It promotes accountability among complainants and informants, encouraging responsible use of the legal system. By providing a mechanism for compensation, it upholds the principles of justice and fairness in the legal process.
Section 273 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the issue of false accusations in criminal cases and provides a mechanism for compensating individuals who have been wrongfully accused without reasonable cause.
Text of Section 273
Compensation for Accusation Without Reasonable Cause
Initiation of Proceedings: If, in any case instituted upon complaint or information given to a police officer or to a Magistrate, one or more persons are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate discharges or acquits all or any of the accused, and is of the opinion that there was no reasonable ground for making the accusation against them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused
Determination of Compensation: The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused
Default in Payment: The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days
Application of Provisions: When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply.(
No Exemption from Other Liabilities: 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 or information given by him. However, 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.
Right to Appeal: A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate
Payment of Compensation: When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), 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; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.(
Applicability: The provisions of this section apply to summons-cases as well as to warrant-cases.
Explanation
Section 273 empowers a Magistrate to order compensation to an accused person who has been acquitted or discharged, provided the Magistrate finds that the accusation was made without reasonable grounds. This provision aims to deter false accusations and protect individuals from malicious legal actions.
Key Points:
Reasonable Grounds: The Magistrate must be satisfied that there was no reasonable ground for making the accusation.
Amount of Compensation: The compensation amount is determined by the Magistrate and cannot exceed the maximum fine the Magistrate is empowered to impose.
Default in Payment: If the ordered compensation is not paid, the complainant or informant may be sentenced to simple imprisonment for up to thirty days.
Right to Appeal: If the compensation exceeds two thousand rupees, the complainant or informant has the right to appeal the order.
Applicability: This section applies to both summons-cases and warrant-cases, ensuring broad applicability.
Significance
Section 273 serves as a safeguard against false accusations, ensuring that individuals who are wrongfully accused have a legal recourse for compensation. It promotes accountability among complainants and informants, encouraging responsible use of the legal system. By providing a mechanism for compensation, it upholds the principles of justice and fairness in the legal process.
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