Legal Provisions of Section 250 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Compensation for accusation without reasonable cause:
This section provides for payment of compensation to those accused against whom complaints of accusation were made without any reasonable ground. Before making an order of compensation under this section, the Magistrate should afford an opportunity to the complainant to show cause and he should be heard in reply. The object of the sanction is to avoid frivolous accusations being filed before the Court in the name of complaint. The provisions of this section apply to both, summons as well as warrant cases as provided in sub-section (8).
ADVERTISEMENTS:
The section applies only to cases instituted by “complaint” or information given to a Magistrate and it has no application to cases instituted on police report.
Sub-section (2) empowers a Magistrate to award compensation not exceeding the amount of fine which he has power to impose. Sub-section (3) further empowers a Magistrate to order that in default of payment of compensation, the complainant shall have to undergo imprisonment for a period not exceeding thirty days.
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An appeal against the order of compensation shall lie to the Sessions Court.
ADVERTISEMENTS:
The section reserves the power to award compensation only to the Magistrate who has heard the case and has set aside the conviction and sentence against the accused, no other Magistrate or the Court of appeal can pass an order of compensation under this section. This view finds support in Supreme Court’s decision in Krishnarao Nirgire v. Junanath Laxman Kushalkar, wherein the Court ruled that the same Magistrate who acquitted the accused setting aside his conviction and sentence, alone can initiate action and pass the final orders of compensation under Section 250 of the Code.
Section 250 empowers the Magistrate to award compensation for accusation without reasonable cause. Thus where reply to show cause notice was not taken into consideration before passing the order of compensation which was a condition precedent, such order amounted to violation of the basic principles of natural justice and fair play and was liable to be set aside.
Where the Magistrate is satisfied that there was no reasonable ground for the complainant or the informant for making the accusation against the accused in the complaint, he may make an order that compensation be paid by the complainant or informant, to the accused, person or persons. However, such compensation cannot exceed the amount of fine which such Magistrate is empowered to impose. In case of default, the complainant or the informant, as the case may be, may be ordered to undergo imprisonment for a period not exceeding thirty days.
It may be stated that the provisions of Section 250 apply both to summons cases and warrant cases.