Compensation to persons groundlessly arrested
Section 399 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with compensation to persons groundlessly arrested. 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 caus The Act came into force on 01 Jul 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 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.
Section 399, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 358 Compensation to persons groundlessly arrested Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
State of Uttarakhand vs State of Uttarakhand
Decided under Code of Criminal Procedure 358, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a trial court acquits accused persons and finds serious defects in investigation, and issues a show cause notice to the investigating officer and State Government regarding compensation, both parties must be given a proper opportunity to file their responses and be heard before the court awards compensation. The compensation cannot be awarded without following principles of natural justice. However, the State cannot escape its constitutional and tortious liability to compensate victims of false implication, and such compensation can be awarded even if no specific provision exists in CrPC, provided proper procedure is followed and the amount is justified based on the facts and circumstances of the case.
On this section: Maximum compensation that can be awarded under CrPC is Rs. 1,000, but court noted that higher compensation can be awarded based on constitutional liability and tortious principles
-
Baidyanath Raut vs State of Bihar& ANR.
Decided under Code of Criminal Procedure 358, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A person cannot be held liable for defamation under Section 500 IPC for filing a criminal case on the direction of his employer or official authority, as such filing is an official act done in the capacity of the person's position and not a personal act of defamation. The defamatory character of an act must be attributable to the personal conduct of the accused person, and not merely to the fact that a criminal case was filed on official direction.
On this section: Compensation to acquitted persons - The court noted that the trial court had refused compensation under this section on the ground that the prosecution was not malicious.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 399
What have the courts held on Section 399 of the Bharatiya Nagarik Suraksha Sanhita?
State of Uttarakhand vs State of Uttarakhand (13 Aug 2020) is the leading judgment on this section among those set out below, though it was decided under CRPC 358, which this section replaced -- the court never mentioned this Act: Maximum compensation that can be awarded under CrPC is Rs. 1,000, but court noted that higher compensation can be awarded based on constitutional liability and tortious principles. Another 1 judgment on this section is set out below. They run from 2010 to 2020.
How do I find court cases under Section 399 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 399, section 399 BNSS, section 399 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 399 section and 399 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of Uttarakhand vs State of Uttarakhand (13 Aug 2020).
What should I read with Section 399 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 358 (Compensation to persons groundlessly arrested), so the judgments decided under that provision are the case law on this one.
When did Section 399 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 399 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 399, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.