Compensation to persons groundlessly arrested.
What this section does
Where a person causes a police officer to arrest another person without sufficient ground, the Magistrate hearing the case may award compensation of up to one thousand rupees to the person wrongfully arrested for loss of time and expenses. If the compensation cannot be recovered as a fine, the person liable may be sentenced to simple imprisonment for up to thirty days.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate · Police Officer · Person causing arrest · Person arrested
- Time limit
- Default imprisonment not exceeding 30 days if compensation not paid
Derived from CrPC s.358.
Read the official text
For the binding statutory text of BNSS Section 399, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 399 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.