Section 358 CrPC: Compensation for Groundless Arrest in India

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Section 358 CrPC: Compensation for Groundless Arrest in India

1. The Code:

Section 358 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of the court to award compensation to a person who has been arrested without sufficient cause.

2. 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.

3. 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.

4. 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.

Also Read  Section 326 CrPC: Conviction or Commitment on Evidence Recorded by Multiple Magistrates - Indian Criminal Procedure Code

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.

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