Code: Section 273 BNSS
273.
(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of the opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith 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; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them.
(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.
(4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply.
(5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him:
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.
(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.
(7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), 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; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.
(8) The provisions of this section apply to summons-cases as well as to warrant-cases.
Explanation of Section 273 BNSS
Section 273 of the Bharatiya Nyaya Sanhita (BNSS) provides a mechanism for compensating the accused when they are acquitted or discharged in cases where no reasonable grounds existed for the accusation.
Key Provisions:
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Compensation for Groundless Accusations (Sub-section 1):
If the Magistrate discharges or acquits the accused and finds that there were no reasonable grounds for the accusation, the Magistrate may call upon the complainant or informant to show cause why they should not be ordered to pay compensation. -
Order for Compensation (Sub-section 2):
The Magistrate may order compensation up to the amount of the fine they are empowered to impose. The decision is based on the complainant’s or informant’s explanation. -
Imprisonment for Non-payment (Sub-section 3):
If the complainant or informant fails to pay the ordered compensation, they may be sentenced to simple imprisonment for up to 30 days. -
Exemption from Civil or Criminal Liability (Sub-section 5):
The order to pay compensation does not exempt the complainant from any further civil or criminal liability related to the same complaint. -
Appeal Process (Sub-sections 6-7):
If the compensation ordered exceeds one thousand rupees and the complainant is a Magistrate of the second class, the complainant can appeal the decision. The compensation is withheld until the appeal period has expired. -
Applicability to Both Summons and Warrant Cases (Sub-section 8):
This provision applies to both summons-cases and warrant-cases.
Illustration
Example 1: Compensation Ordered in an Acquittal Case
The accused is acquitted of an offence. The Magistrate finds that the complainant had no reasonable grounds to make the accusation. The Magistrate orders the complainant to pay compensation to the accused, not exceeding the fine they could have imposed. If the complainant fails to pay, they may face imprisonment.
Example 2: Appeal by Complainant
A complainant is ordered to pay compensation of 1,500 rupees. Since this amount exceeds 1,000 rupees and the complainant is a Magistrate of the second class, they have the right to appeal the order.
Common Questions and Answers on Section 273 BNSS
1. What happens if the accused is acquitted in a case under Section 273?
- Answer: If the accused is acquitted and the Magistrate finds the accusation groundless, the Magistrate may order the complainant to pay compensation to the accused.
2. Can the complainant be imprisoned if they fail to pay compensation?
- Answer: Yes, if the complainant fails to pay the ordered compensation, they may be sentenced to simple imprisonment for up to 30 days.
3. Can the complainant appeal the compensation order?
- Answer: Yes, if the compensation exceeds 1,000 rupees and the complainant is a Magistrate of the second class, they can appeal the order.
Conclusion
Section 273 BNSS safeguards the rights of the accused by ensuring that those who make groundless accusations are held accountable. It provides a framework for compensating the wrongfully accused and ensures that there are consequences for those who bring false complaints.
