Section 399 BNSS: Compensation to persons groundlessly arrested (Formerly Section 358 CrPC)

Section 399 of Bharatiya Nagarik Suraksha Sanhita, 2023: Compensation to persons groundlessly arrested

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 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 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 399

Section 399 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 358 of the CrPC, 1973) empowers Magistrates to order payment of compensation by any person who causes a police officer to arrest another person groundlessly.

Groundless Arrest Trigger: Whenever any person causes a police officer to arrest another person, and it appears to the Magistrate that there was no sufficient ground for causing such arrest.
Award of Compensation: The Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for their loss of time and expenses.
Default Imprisonment: If compensation is not paid, it may be recovered as a fine, with default simple imprisonment for up to thirty days.

Key Landmark Precedents:

D.K. Basu v. State of W.B., (1997) 1 SCC 416: The Supreme Court highlighted that statutory compensation for unlawful or groundless arrest under procedural codes reinforces the constitutional tort remedy under Article 21.
Nilabati Behera v. State of Orissa, (1993) 2 SCC 746: Affirmed that custodial infringement of personal liberty mandates compensatory restitution against malicious informants and erring state machinery.

Courtroom Practice & Strategic Litigation Guidance:

Whenever an individual is wrongfully arrested on a malicious private complaint and discharged under Section 250 or 262 BNSS, move an application under Section 399 for statutory compensation alongside filing a civil suit for damages.