Section Text
250.Compensation for accusation without reasonable cause. (1) If,
in any case instituted upon complaint or upon information given to a
police officer or to a Magistrate, one or more persons is or are
accused before a Magistrate of any offence triable by a Magistrate,
and the Magistrate by whom the case is heard discharges or acquits all
or any of the accused, and is of opinion that there was no reasonable
ground for making the accusation against them or any of 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 or to each or any of such accused when
there are more than one ; or, if such person is not present, direct
the issue of a summons to him to appear and show cause as aforesaid.
(2) 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
925
paid by such complainant or informant to the accused or to each or any
of them.
(3) 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.
(4) When any person is imprisoned under sub-section (3), the
provisions of sections 68 and 69 of the Indian Penal Code (45 of 1860).
shall, so far as may be, apply.
(5) 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:
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.
(6) A complainant or informant who has been ordered under sub-
section (2) by a Magistrate of the second class to pay compensation
exceeding one hundred rupees, may appeal from the order, as if such
complainant or informant had been convicted on a trial held by such
Magistrate.
(7) 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.
(8) The provisions of this section apply to summons-cases as
well as to warrant-cases.
CHAP
TRIAL OF SUMMONS-CASES BY MAGISTRATES