Code:
(1) A Court of Session taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.
(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:
Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
(8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.
Explanation:
This section lays out the following procedures for trials involving false accusations against public servants:
Trial Procedure: The Court of Session will try such cases following the procedure for warrant-cases. It is instituted outside of a police report before a Magistrate’s Court.
(1) Complainant as Witness: The person who made the accusation (unless exempted by the Court) will be examined as a witness for the prosecution.
(2) In Camera Trial: The trial can be held in camera (private) at the request of either party or if the Court deems it appropriate.
(3) Compensation for False Accusation: If the Court discharges or acquits the accused, it can direct the complainant to show cause why they shouldn’t pay compensation to the accused if there was no reasonable cause for the accusation.
(4) Compensation Order: If the Court determines that there was no reasonable cause for the accusation, it can order the complainant to pay compensation up to ₹5,000 to the accused.
(5) Recovery of Compensation: The awarded compensation is recovered like a fine imposed by a Magistrate.
(6) No Exemption from Liability: The order to pay compensation doesn’t exempt the complainant from civil or criminal liability related to the complaint.
(7) Appeal: The complainant can appeal the compensation order to the High Court.
(8) Compensation Payment: Compensation won’t be paid to the accused before the appeal period expires or the appeal is decided.
Illustration:
Imagine a person falsely accuses a police officer of corruption. The case goes to the Court of Session. After the trial, the officer is acquitted, and the Court finds that the accusation was baseless. The Court then orders the complainant to show cause why they shouldn’t pay compensation to the officer. The Court is satisfied that the accusation was unjustified. it can order the complainant to pay compensation to the officer.
Common Questions and Answers:
Q: Who can file a complaint under Section 222 of the BNSS?
- A: Any person can file a complaint under Section 222 of the BNSS.
Q: What are the possible punishments for making false accusations?
- A: The punishment for making false accusations can range from a fine to imprisonment, depending on the severity of the accusation and the circumstances. Additionally, the complainant may be ordered to pay compensation to the falsely accused person.
Q: Can the accused person claim compensation even if they were initially found guilty and later acquitted?
- A: Yes, under Section 260 of the BNSS, the accused person can still claim compensation even if they were initially found guilty and later acquitted, if the Court finds that there was no reasonable cause for the accusation.