Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 260
This section deals with the trial procedure for offences under Section 222(1) of the BNSS, which pertains to false accusations against public servants.
Code:
BNSS Section 260
Explanation:
This section lays out the following procedures for trials involving false accusations against public servants:
- Trial Procedure: The Court of Session will try such cases following the procedure for warrant-cases instituted outside of a police report before a Magistrate’s Court.
- Complainant as Witness: The person who made the accusation (unless exempted by the Court) will be examined as a witness for the prosecution.
- In Camera Trial: The trial can be held in camera (private) at the request of either party or if the Court deems it appropriate.
- Compensation for False Accusation: If the Court discharges or acquits the accused, it can direct the complainant to show cause why they shouldn’t pay compensation to the accused if there was no reasonable cause for the accusation.
- Compensation Order: If the Court determines that there was no reasonable cause for the accusation, it can order the complainant to pay compensation up to ₹5,000 to the accused.
- Recovery of Compensation: The awarded compensation is recovered like a fine imposed by a Magistrate.
- No Exemption from Liability: The order to pay compensation doesn’t exempt the complainant from civil or criminal liability related to the complaint.
- Appeal: The complainant can appeal the compensation order to the High Court.
- Compensation Payment: Compensation won’t be paid to the accused before the appeal period expires or the appeal is decided.
Illustration:
Imagine a person falsely accuses a police officer of corruption. The case goes to the Court of Session. After the trial, the officer is acquitted, and the Court finds that the accusation was baseless. The Court then orders the complainant to show cause why they shouldn’t pay compensation to the officer. If the Court is satisfied that the accusation was unjustified, it can order the complainant to pay compensation to the officer.
Common Questions and Answers:
- Q: Who can file a complaint under Section 222 of the BNSS?
- A: Any person can file a complaint under Section 222 of the BNSS.
- Q: What are the possible punishments for making false accusations?
- A: The punishment for making false accusations can range from a fine to imprisonment, depending on the severity of the accusation and the circumstances. Additionally, the complainant may be ordered to pay compensation to the falsely accused person.
- Q: Can the accused person claim compensation even if they were initially found guilty and later acquitted?
- A: Yes, under Section 260 of the BNSS, the accused person can still claim compensation even if they were initially found guilty and later acquitted, if the Court finds that there was no reasonable cause for the accusation.
