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What is compensation to persons groundlessly arrested? What is order to pay costs in non-cognizable cases? Section 358 and 359 of Code of Criminal Procedure 1973

Compensation to persons groundlessly arrested and Order to pay costs in non-cognizable cases are defined under Section 358 and 359 of CRPC 1973. Provisions under these sections are:


Section 358 of CRPC "Compensation to persons groundlessly arrested"

(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 1[one thousand 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 1 [one thousand 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.


1. Subs. by Act 25 of 2005, s. 30, for "one hundred rupees" (w.e.f. 23-6-2006).


Section 359 of CRPC "Order to pay costs in non-cognizable cases"

 (1)Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Court may consider reasonable.

(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

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