Every lawmaker while drafting a Law ensures to have provisions included in the draft so as to cover instances of misuse or misunderstanding in them. Similarly, Bhartiya Nagarik Suraksha Sanhita (BNSS) also has provisions which look after such aspects. One such provision is Section 399 BNSS where accused is provided with some relief for being groundlessly arrested by the Police.
Picture this, you are a law-abiding citizen of the country but for some reason, a false case is registered against you for any reason, may be a miscommunication, misinformation or abuse of power by the Police or any other law enforcement agency, you are arrested and put behind bars. Nobody is listening to you, nobody cares about your reputation and to top that you are projected as a criminal. Disturbing picture isn’t it.Well, for you this might be a
disturbing dream but for some this is a reality. There are people who are
accused of offences that they might have not committed but put behind bars by
the Police. All such people who are groundlessly arrested by the Police for
offences not committed by them have the option to come to the court and avail benefits
under Section 399 BNSS which deals with a scenario where one person causes a
police officer to arrest another person. However, if it later appears to the
Magistrate that there was insufficient ground for such an arrest, the
Magistrate has the authority to award compensation to the wrongly arrested
individual.
Let’s have a look at what this
section says:
“399. 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 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 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.”
Key Provisions
- Grounds
for Compensation:
If the Magistrate determines that the arrest lacked sufficient
justification, cause or reason in arrest of the accused, and that based on
the facts of the case the accused is not the one to have committed an
offence of any sort, the Magistrate can order compensation to be paid to the
accused person arrested, to be paid by the person who causes such arrest
by the Police officer.
- Maximum
Amount: The
compensation awarded cannot exceed one thousand rupees. This has to be
paid by the person who caused this arrest by the police officer within 30
days of such order. Magistrate can award compensation of Rs 1000/- each to
accused, if there are more than one accused persons in a case.
- Loss
of Time and Expenses: The purpose of this compensation is to reimburse the wrongly
arrested person for their loss of time and expenses incurred due to this
arrest.
Practical Implications
Section 399 ensures accountability
for wrongful arrests. The provision acts as a safeguard against arbitrary
arrests. It emphasizes the importance of due process and fair treatment of law
for all citizens of this country. It strikes a balance between the powers of
law enforcement and the rights of individuals.
Magistrates play a crucial role in
assessing the validity of arrests. They are the reson by which a person who is groundlessly
arrested can be compensated. This provision encourages police officers to
exercise caution and ensures that citizens are not unduly inconvenienced.
Conclusion and Review
A magistrate’s discretion is a very powerful
tool and in such cases, we get to see how this discretion is the one who can prevent
lifelong trauma and harassment to any individual who is wrongfully accused of committing
an offence.
The section 399 BNSS revolves around
the concept of having an element of deterrence involved for any person who
might feel the need to abuse the process of law against another person for his
own selfish interest. However, in my opinion, that Deterrence is the only thing
I feel is lacking from this section. One thousand rupees in todays world is
equivalent to pennies, and though I appreciate the provision for monetarily holding
a person accountable for loss of time and inconvenience faced by other, I seriously
believe that the monetary compensation should have been according to current
times. It feels like the draftsmen did not pay attention to this aspect and
because of this even BNSS feels like a unresearched and incompetent upgrade to
CrPC
It is important to note that justice isn’t just about punishing the guilty; it’s also about protecting the innocent. Section 399 BNSS reinforces this principle by compensating those wronged by unwarranted arrests, at least in theory, and maybe after some amendments in the amount of compensation in this Section, it would actually feel like an upgrade from the colonial era laws.
Sources:
1. THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 - India Code
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Related Blogs:
Unlocking Justice: A Guide to Plea Bargaining under BNSS
Compensation for Wrongful Arrests: BNSS Section399 Explained
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legal professional for specific cases.
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