Section 260 BNSS: Procedure in cases instituted under sub-section (2) of section 222

Section 260 BNSS Bare Act Text

(2) of section 222.—(1) A Court of Session taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:

Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.

(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.

(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.

(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.

(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.

(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:

Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.

(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.

(8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

Source: Section 260, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 260 BNSS in Simple Words

When Section 260 BNSS Applies

• Under Section 260(1) BNSS, a Court of Session taking cognizance of an offence under Section 222(2) BNSS shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate.
• Under the proviso to Section 260(1) BNSS, the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
• Under Section 260(2) BNSS, every trial under Section 260 BNSS shall be held in camera if either party so desires or if the Court thinks fit so to do.
• Under Section 260(3) BNSS, where in any such case the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, the Court may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed, other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory, to show cause why that person should not pay compensation to such accused or to each or any of such accused, when there are more than one.
• Under Section 260(4) BNSS, the Court shall record and consider any cause which may be shown by the person so directed, and if the Court is satisfied that there was no reasonable cause for making the accusation, the Court may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as the Court may determine, be paid by such person to the accused or to each or any of them.
• Under Section 260(5) BNSS, compensation awarded under Section 260(4) BNSS shall be recovered as if it were a fine imposed by a Magistrate.
• Under Section 260(6) BNSS, no person who has been directed to pay compensation under Section 260(4) BNSS shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under Section 260 BNSS.
• Under the proviso to Section 260(6) BNSS, any amount paid to an accused person under Section 260 BNSS shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
• Under Section 260(7) BNSS, the person who has been ordered under Section 260(4) BNSS to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
• Under Section 260(8) BNSS, when an order for payment of compensation to an accused person is made, the compensation shall not be paid to the accused person before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

Time Limits Under Section 260 BNSS

• Under Section 260(8) BNSS, the compensation shall not be paid before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.Act text: “the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided”

Example of Section 260 BNSS

When Section 260 BNSS Does Not Apply

• Section 260(1) BNSS speaks of a Court of Session taking cognizance of an offence under Section 222(2) BNSS. It does not deal with the trial of warrant-cases instituted on a police report.
• Section 260(7) BNSS speaks of an appeal by the person ordered to pay compensation, in so far as it relates to the payment of compensation. It does not deal with an appeal against an order of acquittal.

Section 260 BNSS in the CrPC (Previous Law)

FAQs on Section 260 BNSS

Section 260 BNSS: Sub-sections Explained

Sections Related to Section 260 BNSS