Criminal procedure | Updated 18 October 2026

Section 358 CrPC: Compensation to Persons Groundlessly Arrested - Section 399 BNSS

A Magistrate can direct a person who caused another person's arrest without sufficient grounds to pay limited compensation for the arrested person's loss of time and expenses. The corresponding provision under India's current criminal procedure law is Section 399 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to transitional and saving provisions under Section 531 BNSS. Section 399 BNSS carries forward the substance of Section 358 CrPC, including the Rs 1,000 per-person ceiling. The applicable procedural law for a particular proceeding must be checked against the saving provisions.

Meaning and scope of groundless arrest compensation

For this provision, a groundless arrest refers to an arrest caused by a person where the Magistrate hearing the case finds that there was no sufficient ground for causing the arrest. It is not an automatic payment for every acquittal, every unsuccessful complaint or every arrest later found procedurally defective. The Magistrate must assess the circumstances, the person's role in causing the police arrest, and the loss of time and expenses incurred.

Section 399 BNSS, 2023 - Current law explained

Subsection (1): Arrest of one person

If a person causes a police officer to arrest someone and the Magistrate hearing the case concludes that there was no sufficient ground, the Magistrate may order the person responsible for causing the arrest to pay compensation to the arrested person. The maximum is Rs 1,000, awarded for loss of time and expenses as the Magistrate considers appropriate.

Subsection (2): Arrest of multiple persons

Where more than one person was groundlessly arrested, the Magistrate may award compensation separately to each arrested person, subject to the same Rs 1,000 maximum per person.

Subsection (3): Recovery and non-payment

The compensation can be recovered as if it were a fine. If it cannot be recovered, the person liable may be sentenced to simple imprisonment for up to 30 days as the Magistrate directs, unless the amount is paid sooner. This is a statutory enforcement mechanism, not an automatic prison sentence on making the award.

Original Section 358 CrPC, 1973 - Subsection-wise text

Section 358(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 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.
Section 358(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 one thousand rupees, as such Magistrate thinks fit.
Section 358(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.

Legislative history: Act 25 of 2005, Section 30, substituted one thousand rupees for one hundred rupees, effective 23 June 2006. The Rs 1,000 ceiling is retained in Section 399 BNSS.

Conditions for an award

Someone caused a police officer to arrest another person.
The Magistrate hearing the case finds insufficient grounds for causing the arrest.
The Magistrate exercises discretion to award an amount reflecting the arrested person's loss of time and expenses, subject to the statutory cap.
The award is directed against the person who caused the groundless arrest, with the statutory recovery procedure available if unpaid.

Example: A person knowingly supplies a baseless accusation that causes police to arrest another individual. If the Magistrate hearing the matter finds that the arrest was caused without sufficient grounds, compensation may be ordered against the person who caused it. The finding is fact-dependent; a mere allegation does not itself establish liability.

Does the Rs 1,000 limit bar other legal remedies?

No conclusion about a separate remedy should be drawn solely from the ceiling in Section 399. Depending on the facts, remedies concerning unlawful detention, abuse of process or violation of constitutional rights may arise under other laws. Such claims have different legal requirements and are not automatically awarded under Section 399 BNSS. Professional advice may be appropriate where an arrest caused serious harm.

Frequently asked questions

Which BNSS section replaces Section 358 CrPC?

Section 399 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 358 CrPC and retains the same compensation mechanism.

How much compensation can a Magistrate award under Section 399 BNSS?

The statutory maximum is Rs 1,000 for each person groundlessly arrested. The Magistrate determines the appropriate amount for loss of time and expenses.

Who must pay compensation for a groundless arrest?

The person who caused a police officer to arrest another person without sufficient grounds may be ordered to pay; the provision does not automatically make every arresting police officer liable.

What if compensation is not paid?

It may be recovered as a fine. If recovery fails, the payer may face simple imprisonment for up to 30 days as directed by the Magistrate, unless payment is made sooner.

Official legal sources

Legal information only. Check the current statutory text, applicable notifications and case-specific facts before relying on a provision.