Section 399 BNSS: Compensation to persons groundlessly arrested
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 399 BNSS at a Glance
Section 399 BNSS deals with compensation to persons groundlessly arrested. It replaced Section 358 CrPC on 1 July 2024.
Section 399 BNSS Bare Act Text
(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.
Source: Section 399, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 399 BNSS in Simple Words
Section 399 BNSS applies when any person causes a police officer to arrest another person and 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 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.
When Section 399 BNSS Applies
- 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 Under Section 399 BNSS
- 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”
Example of Section 399 BNSS
When Section 399 BNSS Does Not Apply
- Section 399 BNSS speaks of compensation to be paid by the person causing an arrest to the person arrested. It does not deal with an order to pay compensation, which is the subject of Section 395 BNSS.
- Section 399 BNSS speaks of a Magistrate hearing a case in which a person was arrested. It does not deal with an order to pay costs to the complainant in non-cognizable cases, which is the subject of Section 400 BNSS.
Section 399 BNSS in the CrPC (Previous Law)
Section 399 BNSS replaced Section 358 CrPC from 1 July 2024.
Section 399 BNSS has the same heading and the same text as Section 358 CrPC.
Each sub-section below names its own source.
FAQs on Section 399 BNSS
Who may be ordered to pay compensation under Section 399 BNSS?▼
The person who causes a police officer to arrest another person may be ordered to pay compensation, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest. The compensation is to be paid to the person so arrested.
How much compensation may the Magistrate award under Section 399 BNSS?▼
The Magistrate may award such compensation as the Magistrate thinks fit, not exceeding one thousand rupees, for the loss of time and expenses in the matter. 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.
How is compensation under Section 399 BNSS recovered?▼
All compensation awarded under Section 399 BNSS may be recovered as if it were a fine. 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.
What changed from Section 358 CrPC to Section 399 BNSS from 1 July 2024?▼
Section 399 BNSS has the same heading and the same text as Section 358 CrPC.
Section 399 BNSS: Sub-sections Explained
Section 399(1) BNSS: Compensation to persons groundlessly arrested
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Bare Act Text
(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.
Section 399(2) BNSS: Compensation to persons groundlessly arrested
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Bare Act Text
(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.
Section 399(3) BNSS: Compensation to persons groundlessly arrested
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·