Code
(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 1[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 1 [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.
Explanation:
This section empowers the court to award compensation to a person who has been wrongfully arrested and detained without sufficient cause. The court can award compensation if it finds that:
- The person was arrested without a warrant or without reasonable grounds.
- The arrest was illegal or unjustified.
- The person suffered loss or hardship due to the arrest.
The amount of compensation awarded is at the discretion of the court and is determined based on the nature of the case, the duration of detention, and the loss or hardship suffered by the person.
Illustration:
Imagine a situation where a person is arrested by the police for a crime they did not commit. The police fail to provide any evidence to support the arrest, and the person is eventually released after a few days in custody. In this scenario, the person may be eligible to claim compensation under Section 358 CrPC.
Common Questions and Answers:
Q: Who can claim compensation under Section 358 CrPC?
A: Any person who has been arrested without sufficient cause can claim compensation under this section.
Q: What are the grounds for claiming compensation?
A: The grounds for claiming compensation include illegal or unjustified arrest, lack of reasonable grounds for arrest, and suffering loss or hardship due to the arrest.
Q: How much compensation can be awarded?
A: The amount of compensation awarded is at the discretion of the court and depends on the circumstances of the case.
Q: Can compensation be awarded even if the person was later found guilty of the crime?
A: Yes, compensation can be awarded even if the person was later found guilty of the crime, provided the arrest was found to be without sufficient cause.
