Section 358 CrPC: Compensation to persons groundlessly arrested

Code of Criminal Procedure, 1973

Section 358 CrPC at a Glance

Section 358 CrPC deals with compensation to persons groundlessly arrested. From 1 July 2024 it is replaced by Section 399 BNSS.

Now BNSS

Section 399 →

What Section 358 CrPC Says

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.

Source: Section 358, Code of Criminal Procedure, 1973

Section 358 CrPC in Simple Words

Section 358 CrPC 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 358 CrPC 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 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.

Time Limits Under Section 358 CrPC

  • 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 358 CrPC

Sunil causes a police officer to arrest Anil. At the hearing, it appears to the Magistrate that there was no sufficient ground for causing such arrest. The Magistrate may award compensation, not exceeding one thousand rupees, to be paid by Sunil to Anil for Anil's loss of time and expenses in the matter. Section 358(3) CrPC allows the compensation to be recovered as if it were a fine.

When Section 358 CrPC Does Not Apply

  • Section 358 CrPC 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 357 CrPC.
  • Section 358 CrPC 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 359 CrPC.

Section 358 CrPC Under BNSS 399: What Changed

Section 358 CrPC is now covered under Section 399 BNSS.

Section 399 BNSS has the same heading and the same text as Section 358 CrPC.

View detailed comparison (CrPC 358 vs BNSS 399) →

FAQs on Section 358 CrPC

Who may be ordered to pay compensation under Section 358 CrPC?▼

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 358 CrPC?▼

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 358 CrPC recovered?▼

All compensation awarded under Section 358 CrPC 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.

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·