CrPC 358 to BNSS 399: Compensation to persons groundlessly arrested
Section 358 CrPC (1973) replaced by Section 399 BNSS (2023)
CrPC 358 to BNSS 399 at a Glance
Section 358 CrPC (Compensation to persons groundlessly arrested) is now Section 399 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 358 to BNSS 399?
Section 399 BNSS has the same heading and the same text as Section 358 CrPC.
CrPC 358 vs BNSS 399: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 358 | 399 |
| Heading | Compensation to persons groundlessly arrested | Same |
| Sub-sections | 3 sub-sections | Same |
CrPC 358 and BNSS 399: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 358, CrPC 1973
358. Compensation to persons groundlessly arrested.—(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.
(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.
(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.
BNSS 2023 (in force)
Section 399, BNSS 2023
399. Compensation to persons groundlessly arrested.—(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.
(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.
(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.
When It Applies: CrPC 358 vs BNSS 399
Under CrPC 358
- The Magistrate by whom the case is heard may award such compensation as the Magistrate thinks fit, 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, under Section 358(1) CrPC.
- 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 the Magistrate thinks fit, under Section 358(2) CrPC.
- All compensation awarded under Section 358 CrPC may be recovered as if it were a fine, under Section 358(3) CrPC.
- If the compensation cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment, unless such sum is sooner paid, under Section 358(3) CrPC.
Under BNSS 399
- The Magistrate by whom the case is heard may award such compensation as the Magistrate thinks fit, 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, under Section 399(1) BNSS.
- 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 the Magistrate thinks fit, under Section 399(2) BNSS.
- All compensation awarded under Section 399 BNSS may be recovered as if it were a fine, under Section 399(3) BNSS.
- If the compensation cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment, unless such sum is sooner paid, under Section 399(3) BNSS.
Time Limits: CrPC 358 to BNSS 399
Under CrPC 358
- The simple imprisonment in default of recovery shall be for such term, not exceeding thirty days, as the Magistrate directs.Act text: “simple imprisonment for such term not exceeding thirty days as the Magistrate directs”
Under BNSS 399
- The simple imprisonment in default of recovery shall be for such term, not exceeding thirty days, as the Magistrate directs.Act text: “simple imprisonment for such term not exceeding thirty days as the Magistrate directs”
What CrPC 358 to BNSS 399 Means in Practice
Section 358(1) CrPC, Section 358(2) CrPC and Section 358(3) CrPC map to Section 399(1) BNSS, Section 399(2) BNSS and Section 399(3) BNSS. Both provide that the Magistrate may award compensation, not exceeding one thousand rupees, to a person arrested without sufficient ground for causing the arrest.
FAQs: CrPC 358 to BNSS 399
Where is Section 358 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 358(1) CrPC is found in Section 399(1) BNSS, Section 358(2) CrPC in Section 399(2) BNSS and Section 358(3) CrPC in Section 399(3) BNSS.
Is the text of Section 399 BNSS the same as Section 358 CrPC?▼
Section 399 BNSS has the same heading and the same text as Section 358 CrPC.
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 ·