Section 273 BNSS: Compensation for accusation without reasonable cause

Section 273 BNSS Bare Act Text

(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith 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; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply.

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

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.

(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), 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; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.

(8) The provisions of this section apply to summons-cases as well as to warrant-cases.

Source: Section 273, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 273 BNSS in Simple Words

When Section 273 BNSS Applies

• 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 Under Section 273 BNSS

• 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”

Example of Section 273 BNSS

When Section 273 BNSS Does Not Apply

• Section 273(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply if the accusation before the Magistrate is not for an offence triable by a Magistrate.
• Section 273(1) BNSS does not apply if the Magistrate by whom the case is heard neither discharges nor acquits all or any of the accused.
• Compensation cannot be ordered under Section 273(2) BNSS if, after recording and considering the cause shown, the Magistrate is not satisfied that there was no reasonable ground for making the accusation.
• An appeal under Section 273(6) BNSS is not available against an order by a Magistrate of the second class unless the compensation ordered to be paid exceeds two thousand rupees.

Section 273 BNSS in the CrPC (Previous Law)

FAQs on Section 273 BNSS

Section 273 BNSS: Sub-sections Explained

Sections Related to Section 273 BNSS