Law Maker

CHAPTER XXVII THE JUDGMENT

Section 358: Compensation to persons groundlessly arrested

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding 1[one thousand rupees], to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding 1[one thousand rupees], as such Magistrate thinks fit.

(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.

Footnotes in the official text

  1. 1.Subs. by Act 25 of 2005, s. 30, for “one hundred rupees” (w.e.f. 23-6-2006).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

358. Compensation to persons groundlessly arrested.BNSS 399

Questions on this section

1 question in 4 of our papers cite Section 358. Try these from the free papers:

  1. 1. Under Section 399 of the BNSS, where a person causes a police officer to arrest another without sufficient ground, the Magistrate hearing the case may award compensation to the person arrested, payable by the person who caused the arrest, not exceeding:

Practise questions on Criminal Law