BNSS §399
Compensation to persons groundlessly arrested.
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Comparison
359. Order to pay costs in non-cognizable cases.—(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Court may consider reasonable.
(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
399.
(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.
What changedAI-inferred
Order to pay costs in non-cognizable cases.
Old position
CrPC 359 is concerned with Order to pay costs in non-cognizable cases. Order to pay costs in non-cognizable cases
New position
BNSS 399 preserves the framework with drafting modernisations as required by the new code. Topic: Compensation to persons groundlessly arrested.. 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
BNSS 399 (Compensation to persons groundlessly arrested.) preserves the framework of CrPC 359. BNSS 399 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 399 text: Whenever any person causes a...
Editorial deltaAI-indicated (source-linked)
BNSS 399 (Compensation to persons groundlessly arrested.) preserves the framework of CrPC 359. BNSS 399 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 399 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 359 continues to apply. For matters from that date forward, BNSS 399 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 399 (Compensation to persons groundlessly arrested.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §359 → BNSS §399 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/399.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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