“`html
Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 273
This section deals with the compensation payable to an accused person by a complainant or informant in cases where the accusation against the accused is deemed baseless.
Code:
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Explanation:
Section 273 of the BNSS outlines the circumstances under which a complainant or informant may be held liable to pay compensation to an accused person. This happens when a Magistrate, after hearing a case, discharges or acquits all or any of the accused and finds that there was no reasonable ground for making the accusation against them. The Magistrate can then order the complainant or informant to pay compensation to the accused.
Illustration:
Imagine a scenario where a person (A) files a complaint against another person (B) alleging theft. After investigation, the Magistrate finds no evidence to support the accusation of theft and acquits B. If the Magistrate believes the complaint against B was baseless, he can order A to pay compensation to B for the distress caused by the false accusation.
Common Questions and Answers:
1. Who can order compensation?
The Magistrate hearing the case can order compensation if they believe the accusation was baseless.
2. How much compensation can be ordered?
The amount of compensation cannot exceed the maximum fine the Magistrate is empowered to impose.
3. What happens if the complainant/informant refuses to pay?
The Magistrate can order simple imprisonment for a period not exceeding 30 days for non-payment.
4. Does paying compensation absolve the complainant/informant from other liability?
No, paying compensation doesn’t exempt the complainant/informant from civil or criminal liability for the false accusation.
5. Can the complainant/informant appeal against the compensation order?
Yes, if the compensation ordered by a second-class Magistrate exceeds one thousand rupees, the complainant/informant can appeal.
6. When can the accused receive the compensation?
The accused can receive the compensation only after the period for appeal has elapsed or if an appeal is filed, after the appeal is decided.
7. Does this section apply to all cases?
Yes, this section applies to both summons cases and warrant cases.
“`
