Section 399 of BNSS, 2023 — Compensation to Persons Groundlessly Arrested

Introduction

Section 399 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for compensation to a person who has been groundlessly arrested.

The provision applies where a person causes another person to be arrested without sufficient grounds and the Magistrate finds that there was no sufficient ground for making the accusation. In such circumstances, the Magistrate may award compensation to the person who was arrested.

The provision seeks to provide a remedy against unjustified or baseless criminal accusations that result in arrest.

Meaning of Section 399 BNSS

Section 399 deals with situations where a person has been groundlessly arrested because of an accusation made against them.

Where the Magistrate finds that there was no sufficient ground for making the accusation, the Magistrate may require the person who caused the arrest to pay compensation to the person who was arrested.

The provision therefore addresses the consequences of an accusation that lacked sufficient basis and resulted in the arrest of another person.

Object and Purpose

The main objectives of Section 399 are:

• to provide a remedy to persons who are groundlessly arrested;
• to discourage baseless accusations;
• to protect individuals from unjustified interference with their liberty;
• to provide monetary compensation for wrongful or groundless arrest; and
• to impose financial consequences on a person who makes an accusation without sufficient grounds.

Essential Elements

1. Arrest of a Person

The provision applies when a person has been arrested as a result of an accusation.

The arrest must have occurred because of the accusation made against that person.

2. Lack of Sufficient Grounds

The Magistrate must be satisfied that there was no sufficient ground for making the accusation.

This is the central requirement of Section 399.

The provision is therefore concerned with accusations that lack a sufficient factual or legal basis.

3. Compensation

Where the statutory conditions are satisfied, the Magistrate may award compensation to the person who was arrested.

The compensation is intended to provide monetary redress for the groundless arrest.

4. Liability of the Accuser

The person who caused the arrest may be directed to pay the compensation.

The provision therefore places financial responsibility upon the person whose groundless accusation resulted in the arrest.

Procedure Under Section 399

The basic procedure can be understood as follows:

1. A person makes an accusation against another person.
2. The accused person is arrested as a result of the accusation.
3. The Magistrate considers the circumstances surrounding the accusation and arrest.
4. The Magistrate finds that there was no sufficient ground for making the accusation.
5. The Magistrate may order the person responsible for the accusation to pay compensation to the person who was arrested.

Nature of the Magistrate’s Power

The power to award compensation under Section 399 is discretionary.

The provision uses the expression “may”, meaning that compensation is not automatically awarded in every case where an accusation fails.

The Magistrate must consider whether the statutory requirements are satisfied and whether compensation should be awarded in the circumstances.

Amount of Compensation

The amount of compensation is subject to the limits and conditions prescribed by Section 399.

The provision provides for compensation that may extend to:

• one thousand rupees, where the Magistrate considers that the person was groundlessly arrested; and
• in addition, the Magistrate may direct payment of a further amount where appropriate, subject to the statutory framework.

The compensation contemplated by this provision is therefore a specific statutory remedy and should not be confused with broader claims for damages that may arise under other legal remedies.

Opportunity to the Person Ordered to Pay

Before making an order requiring payment of compensation, the Magistrate must provide the person against whom the order is proposed an opportunity to show cause as to why compensation should not be paid.

This requirement incorporates an important procedural safeguard.

The person alleged to have made the groundless accusation therefore has an opportunity to explain why the compensation order should not be made.

Recovery of Compensation

The compensation ordered under Section 399 may be recovered in accordance with the procedure applicable to the recovery of fines.

This gives the compensation order an enforceable character rather than making it merely advisory.

Appeal

Section 399 also provides for an appellate remedy against the compensation order in the circumstances specified by the provision.

The person directed to pay compensation and the person receiving compensation therefore have the procedural safeguards provided by the section.

Relationship with Personal Liberty

Groundless arrest directly affects a person’s liberty.

Section 399 provides a statutory remedy against one form of unjustified interference with personal liberty by allowing compensation where an accusation has resulted in an arrest despite the absence of sufficient grounds.

The provision therefore reflects the broader principle that criminal procedure must not be used as an instrument for baseless harassment.

Section 399 and False Complaints

A groundless accusation is not necessarily identical to every form of false complaint.

Section 399 specifically focuses on the situation where:

• an accusation is made;
• the accusation results in arrest; and
• the Magistrate finds that there was no sufficient ground for making the accusation.

Other provisions of criminal law may apply where the conduct also amounts to giving false information, instituting a false criminal proceeding or committing another offence.

Important Distinctions

Groundless Arrest and Wrongful Arrest

Section 399 specifically concerns an arrest resulting from an accusation for which the Magistrate finds that there was no sufficient ground.

The expression groundlessly arrested should therefore be understood within the specific statutory framework of Section 399.

Compensation and Criminal Punishment

Compensation under Section 399 is a form of monetary redress for the person who suffered the groundless arrest.

It is distinct from any criminal punishment that may separately arise from unlawful or malicious conduct.

Section 399 and Victim Compensation

Section 396 deals with the Victim Compensation Scheme, primarily concerning victims of crime and their rehabilitation.

Section 399 deals with a different situation: compensation to a person who has been groundlessly arrested.

The beneficiary under Section 399 is the person who suffered the groundless arrest.

BNSS and CrPC

Section 399 BNSS substantially corresponds to Section 358 of the Code of Criminal Procedure, 1973.

The basic principle continues under BNSS: where a person has been groundlessly arrested on an accusation without sufficient grounds, the Magistrate may provide a statutory compensation remedy.

The provision therefore continues an established safeguard against baseless accusations resulting in arrest.

Constitutional Connection

Section 399 is closely connected with Article 21 of the Constitution of India, which protects life and personal liberty.

Arrest is a serious interference with personal liberty. A statutory mechanism for compensation in cases of groundless arrest supports the principle that criminal process must have a legitimate basis and cannot be invoked arbitrarily.

The provision also reflects the broader constitutional concern for fairness in criminal procedure.

Example

Suppose A makes an accusation against B without sufficient grounds, and B is arrested because of that accusation.

If the Magistrate subsequently finds that there was no sufficient ground for making the accusation, the Magistrate may, after following the statutory procedure, order A to pay compensation to B.

The purpose is to provide B with monetary redress for the groundless arrest and discourage similarly baseless accusations.

Common Confusions

Is compensation automatic whenever a person is acquitted?

No.

Section 399 is not a general compensation provision for every acquittal. It specifically concerns a person who has been groundlessly arrested and requires the Magistrate to find that there was no sufficient ground for the accusation.

Does Section 399 punish every person who makes an unsuccessful accusation?

No.

An accusation failing to result in conviction does not automatically make it groundless. The statutory requirement concerns the absence of sufficient grounds for making the accusation.

Who receives the compensation?

The compensation is paid to the person who was groundlessly arrested.

Is the Magistrate required to award compensation in every qualifying case?

No.

The power is discretionary. The Magistrate may award compensation after considering the circumstances and following the procedure prescribed by the section.

Important BNSS Provisions

Section 396

Deals with the Victim Compensation Scheme.

Section 397

Deals with the Treatment of Victims.

Section 398

Deals with the Witness Protection Scheme.

Section 399

Deals with Compensation to Persons Groundlessly Arrested.

These provisions collectively address different aspects of victim and individual protection within the criminal justice process.

Topic at a Glance

• Topic: Compensation to Persons Groundlessly Arrested
• BNSS Section: Section 399
• Purpose: Compensation for a person groundlessly arrested due to an accusation
• Key requirement: No sufficient ground for making the accusation
• Authority: Magistrate
• Nature of power: Discretionary
• Beneficiary: Person who was groundlessly arrested
• Safeguard: Person liable to pay compensation is given an opportunity to show cause
• Recovery: Compensation may be recovered according to the statutory procedure
• Corresponding CrPC Provision: Section 358 CrPC
• Constitutional connection: Article 21

Quick Revision

• Section 399 BNSS deals with compensation to persons groundlessly arrested.
• It applies where an accusation results in the arrest of another person.
• The Magistrate must find that there was no sufficient ground for making the accusation.
• The Magistrate may award compensation to the person who was arrested.
• The power is discretionary.
• The person against whom the compensation order is proposed must be given an opportunity to show cause.
• The compensation is a statutory remedy and is distinct from criminal punishment or a general claim for damages.
• Section 399 protects individuals against the consequences of baseless accusations resulting in arrest.
• It substantially corresponds to Section 358 CrPC.
• The provision is closely connected with the protection of personal liberty under Article 21.

ALSO READ: Section 398 – Witness protection scheme

Conclusion

Section 399 BNSS provides a specific statutory safeguard for persons who suffer arrest because of accusations made without sufficient grounds. By permitting the Magistrate to award compensation and requiring an opportunity to show cause before such an order is made, the provision balances protection of personal liberty with procedural fairness. It reinforces the principle that criminal accusations should not be used without sufficient basis to subject individuals to unjustified arrest.