CRPC §358 → BNSS §398
Compensation to persons groundlessly arrested
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Comparison
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 5[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 5[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.
Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.
What changedAI-inferred
Compensation to persons groundlessly arrested — BNSS 398 introduces Witness Protection Scheme codification (NEW chapter).
Old position
CrPC 358 is concerned with Compensation to persons groundlessly arrested. Compensation to persons groundlessly arrested
New position
BNSS 398 modifies the framework. Topic: Witness Protection Scheme. Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses
BNSS 398 modifies CrPC 358. Compensation to persons groundlessly arrested — BNSS 398 introduces Witness Protection Scheme codification (NEW chapter). BNSS 398 text: Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the...
Editorial deltaAI-indicated (source-linked)
The mapping crpc-358 -> bnss-398 does not, on the supplied bare-act extracts, reflect a successor relationship. CrPC 358 provided for compensation (capped at one thousand rupees) by a person who caused a police officer to arrest another person without sufficient ground. BNSS 398 deals with the preparation and notification by every State Government of a Witness Protection Scheme - a wholly different subject matter, addressee class, trigger and beneficiary. If the groundless-arrest compensation rule of CrPC 358 is later text-located in another BNSS section, this edge may be reclassified to repealed_partly_relocated.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 358 continues to apply. For matters from that date forward, BNSS 398 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 398 (Witness Protection Scheme). The relationship is classified as modified — 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 §358 → BNSS §398 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/358.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.