CrPC 250 to BNSS 273: Compensation for accusation without reasonable cause
Section 250 CrPC (1973) replaced by Section 273 BNSS (2023)
CrPC 250 to BNSS 273 at a Glance
Section 250 CrPC (Compensation for accusation without reasonable cause) is now Section 273 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 250 to BNSS 273?
Section 250 of the Code of Criminal Procedure, 1973 became Section 273 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The renumbering of the provision and the updated cross-reference in Section 273(4) BNSS from Sections 68 and 69 of the Indian Penal Code to Section 8(6) of the Bharatiya Nyaya Sanhita, 2023 are changes of form. The substantive change is in Section 273(6) BNSS, which raises the threshold for appealing a compensation order passed by a Magistrate of the second class from an amount exceeding one hundred rupees to an amount exceeding two thousand rupees. All other sub-sections remain unchanged.
CrPC 250 vs BNSS 273: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 250 | 273 |
| Heading | Compensation for accusation without reasonable cause | Same |
| Sub-sections | 8 sub-sections | Same |
CrPC 250 and BNSS 273: Bare Act Text Side by Side
Section 250, CrPC 1973
Section 273, BNSS 2023
When It Applies: CrPC 250 vs BNSS 273
- In a case instituted on a complaint or on information given to a police officer or a Magistrate for an offence triable by a Magistrate, the Magistrate who hears the case and discharges or acquits all or any of the accused may require the complainant or informant to show cause if the Magistrate is of opinion that there was no reasonable ground for making the accusation, calling upon a present complainant or informant or directing a summons if that person is absent.
- Under Section 250(2) of the Code of Criminal Procedure, 1973, the Magistrate shall record and consider any cause shown by the complainant or informant and, if satisfied that there was no reasonable ground for making the accusation, may for recorded reasons order that person to pay compensation to all or any of the accused not exceeding the amount of fine the Magistrate is empowered to impose.
- When a person is imprisoned under Section 250(3) CrPC for defaulting on a compensation payment, Section 250(4) CrPC provides that Sections 68 and 69 of the Indian Penal Code shall apply so far as may be.
- Under Section 250(5) CrPC, an order to pay compensation does not exempt the complainant or informant from any civil or criminal liability regarding the complaint or information, and the proviso to Section 250(5) CrPC provides that any amount paid under Section 250 CrPC shall be taken into account when awarding compensation to the accused in any subsequent civil suit relating to the same matter.
- Under Section 250(6) CrPC, a complainant or informant ordered by a Magistrate of the second class to pay compensation exceeding one hundred rupees may appeal from the order as if convicted on a trial held by that Magistrate, and Section 250(8) CrPC applies the entire provision to both summons-cases and warrant-cases.
- In any case instituted upon complaint or upon information given to a police officer or a Magistrate for an offence triable by a Magistrate, the Magistrate who hears the case and discharges or acquits all or any of the accused may require the complainant or informant to show cause if the Magistrate is of opinion that there was no reasonable ground for making the accusation, calling upon a present complainant or informant or directing a summons if that person is not present.
- Under Section 273(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall record and consider any cause shown by the complainant or informant and, if satisfied that there was no reasonable ground for making the accusation, may for recorded reasons order that person to pay compensation to all or any of the accused not exceeding the amount of fine the Magistrate is empowered to impose.
- When a person is imprisoned under Section 273(3) BNSS in default of paying compensation, Section 273(4) BNSS provides that Section 8(6) of the Bharatiya Nyaya Sanhita, 2023 shall apply so far as may be.
- Under Section 273(5) BNSS, a person directed to pay compensation is not exempted by that order from any civil or criminal liability for the complaint or information, and the proviso to Section 273(5) BNSS provides that any amount paid under Section 273 BNSS shall be taken into account when awarding compensation to the accused in any subsequent civil suit relating to the same matter.
- Under Section 273(6) BNSS, a complainant or informant ordered by a Magistrate of the second class to pay compensation exceeding two thousand rupees may appeal from the order as if convicted on a trial held by that Magistrate, and Section 273(8) BNSS applies the provision to both summons-cases and warrant-cases.
Time Limits: CrPC 250 to BNSS 273
- Under Section 250(3) CrPC, the Magistrate may order that a person who defaults in paying the compensation directed under Section 250(2) CrPC shall undergo simple imprisonment for a period not exceeding thirty days.Act text: “undergo simple imprisonment for a period not exceeding thirty days”
- Under Section 250(7) CrPC, where a compensation order is made in a case subject to appeal under Section 250(6) CrPC, the compensation shall not be paid to the accused before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before that appeal has been decided.Act text: “before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided”
- Under Section 250(7) CrPC, where a compensation order is made in a case that is not subject to appeal under Section 250(6) CrPC, the compensation shall not be paid to the accused before the expiration of one month from the date of the order.Act text: “shall not be paid before the expiration of one month from the date of the order”
- Under Section 273(3) BNSS, the Magistrate may order that a person who defaults in paying the compensation directed under Section 273(2) BNSS shall undergo simple imprisonment for a period not exceeding thirty days.Act text: “undergo simple imprisonment for a period not exceeding thirty days”
- Under Section 273(7) BNSS, when a compensation order is made in a case subject to appeal under Section 273(6) BNSS, the compensation shall not be paid to the accused before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the appeal has been decided.Act text: “before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided”
- Under Section 273(7) BNSS, when a compensation order is made in a case not subject to appeal under Section 273(6) BNSS, the compensation shall not be paid to the accused before the expiration of one month from the date of the order.Act text: “shall not be paid before the expiration of one month from the date of the order”
What CrPC 250 to BNSS 273 Means in Practice
FAQs: CrPC 250 to BNSS 273
What is the main difference between Section 250 CrPC and Section 273 BNSS?▼
The only substantive difference between Section 250 of the Code of Criminal Procedure, 1973 and Section 273 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the appeal threshold for orders passed by a Magistrate of the second class. Section 250(6) CrPC allowed an appeal when the compensation ordered exceeded one hundred rupees, whereas Section 273(6) BNSS allows an appeal only when the compensation ordered by a Magistrate of the second class exceeds two thousand rupees.
Did Section 273 BNSS change the maximum imprisonment for defaulting on compensation?▼
No. Under both Section 250(3) of the Code of Criminal Procedure, 1973 and Section 273(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate may order that a person who defaults in paying compensation shall undergo simple imprisonment for a period not exceeding thirty days. Only the cross-reference in Section 273(4) BNSS changed as a matter of form, replacing Sections 68 and 69 of the Indian Penal Code with Section 8(6) of the Bharatiya Nyaya Sanhita, 2023.
Did the rules on civil or criminal liability and waiting periods for payment change in Section 273 BNSS?▼
No. Section 273(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 keeps the exact rule of Section 250(5) of the Code of Criminal Procedure, 1973 that a compensation order does not exempt the complainant or informant from civil or criminal liability, with the proviso that amounts paid are taken into account in a subsequent civil suit. Section 273(7) BNSS also keeps the same payment waiting periods for appealable orders and the one-month wait for non-appealable orders.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·