Compensation to persons groundlessly arrested
Section 358 of the Code of Criminal Procedure, 1973 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 hundred rupees, to be paid by the person so causi The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 hundred 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 hundred 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 358, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 399 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 The repealed enactment still governs what happened while it was in force.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.
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State of Uttarakhand vs State of Uttarakhand
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
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Baidyanath Raut vs State of Bihar& ANR.
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 358
What have the courts held on Section 358 of the Code of Criminal Procedure?
State of Uttarakhand vs State of Uttarakhand (13 Aug 2020) is the leading judgment on this section among those set out below: 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 358 of the Code of Criminal Procedure?
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: CRPC 358, section 358 CRPC, section 358 of the Code of Criminal Procedure. 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 358 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 399 (Compensation to persons groundlessly arrested), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 358 of the Code of Criminal Procedure come into force?
Section 358 of the Code of Criminal Procedure, cited as CRPC 358, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.