Section 250 CrPC: Compensation for False Accusation – Code of Criminal Procedure
This section provides the legal framework for awarding compensation to individuals who have been falsely accused of an offense.
1. The Code
Section 250 of the Code of Criminal Procedure, 1973 states:
“If any person is accused before a Magistrate of an offence and is discharged under this Chapter, or if an order is made under Section 245, the Magistrate may, if he thinks fit, direct the person at whose instance the prosecution was instituted to pay such compensation as he may deem reasonable to the person so accused for the loss sustained by him by reason of such accusation.”
2. Explanation
This section empowers a Magistrate to order compensation to a person who has been falsely accused of an offense. This compensation is payable by the person who initiated the prosecution, if the Magistrate deems it fit.
The key conditions for awarding compensation are:
- The person was accused before a Magistrate.
- The person was discharged under Chapter 17 of the CrPC (Discharge and acquittal) or an order was made under Section 245 (Discharge of accused for want of prosecution).
- The Magistrate finds it reasonable to award compensation.
3. Illustration
Imagine a situation where a person, ‘A’, accuses another person, ‘B’, of theft. The Magistrate, after hearing the evidence, finds no basis for the accusation and discharges ‘B’. In this case, the Magistrate may, if he finds it fit, order ‘A’ to pay compensation to ‘B’ for the loss and inconvenience caused by the false accusation.
4. Common Questions and Answers
Q1. Who can seek compensation under Section 250 CrPC?
Any person falsely accused of an offense and discharged under Chapter 17 or Section 245 of CrPC can seek compensation.
Q2. What factors does the Magistrate consider while awarding compensation?
The Magistrate considers the severity of the accusation, the loss incurred by the accused due to the accusation (including loss of reputation, income, and mental distress), and the conduct of the person who initiated the prosecution.
Q3. Is compensation mandatory under Section 250 CrPC?
No, compensation is not mandatory. The Magistrate has the discretion to decide if compensation is justified in each case.
Q4. What happens if the person who initiated the prosecution fails to pay compensation?
The Magistrate may issue a warrant for the recovery of compensation. In some cases, the person may also be imprisoned for failing to pay the compensation.
