Section 399 of BNSS : Section 399: Compensation to persons groundlessly arrested.

BNSS

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Explanation using Example

Example 1:

Ravi, a shop owner in Delhi, suspects that his neighbor, Suresh, has stolen goods from his shop. Ravi files a complaint with the local police, leading to Suresh's arrest. After investigating, the police find no evidence against Suresh, and the case is brought before a Magistrate. The Magistrate determines that Ravi had no sufficient grounds for causing Suresh's arrest. Under Section 399 of The Bharatiya Nagarik Suraksha Sanhita 2023, the Magistrate awards Suresh a compensation of ₹1,000 for his loss of time and expenses incurred due to the wrongful arrest. Ravi is ordered to pay this amount to Suresh.

Example 2:

In Mumbai, Priya accuses her colleague, Anil, of embezzling funds from their company. Based on Priya's complaint, the police arrest Anil and two other employees who were working closely with him. Upon investigation, it is revealed that there was no embezzlement, and the accusations were baseless. The case is presented before a Magistrate, who finds that Priya had no sufficient grounds for causing the arrests. The Magistrate awards each of the three arrested employees a compensation of ₹1,000. Priya is ordered to pay a total of ₹3,000 (₹1,000 to each employee) for their loss of time and expenses. If Priya fails to pay the compensation, she may face simple imprisonment for up to thirty days.

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