Section 273 BNSS: Compensation for Accusation Without Reasonable Cause
Section 273 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a procedure by which a Magistrate may order compensation to an accused who has been discharged or acquitted where the Magistrate is also satisfied that there was no reasonable ground for making the accusation.
Text of Section 273 BNSS
273. Compensation for accusation without reasonable cause.
(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.
Meaning and Scope of Section 273
The section is aimed at accusations for which the Magistrate finds no reasonable ground after the accused has been discharged or acquitted. Discharge or acquittal alone does not automatically justify compensation. The further statutory finding that there was no reasonable ground for the accusation is essential.
Conditions for Invoking Section 273
- The case must have been instituted on a complaint or on information given to a police officer or Magistrate.
- The accusation must concern an offence triable by a Magistrate.
- All or any of the accused must be discharged or acquitted.
- The Magistrate must form the opinion that there was no reasonable ground for making the accusation.
- The complainant or informant must be given an opportunity to show cause before compensation is ordered.
Show-Cause Procedure
If the complainant or informant is present when the order of discharge or acquittal is made, the Magistrate may immediately call upon that person to show cause. If the person is absent, the Magistrate may issue a summons requiring appearance and an explanation as to why compensation should not be paid.
The Magistrate must record and consider the explanation offered. If the Magistrate remains satisfied that there was no reasonable ground for the accusation, compensation may be ordered for reasons recorded in the order.
Amount of Compensation
Under sub-section (2), the amount of compensation cannot exceed the amount of fine that the Magistrate is empowered to impose. Within that statutory ceiling, the amount is determined by the Magistrate on the facts of the case.
Default of Payment
Sub-section (3) permits the Magistrate to order simple imprisonment for a period not exceeding thirty days in default of payment. Sub-section (4) additionally applies sub-section (6) of Section 8 of the Bharatiya Nyaya Sanhita, 2023, so far as may be.
Civil and Criminal Liability
An order to pay compensation under Section 273 does not exempt the complainant or informant from any other civil or criminal liability arising from the complaint or information. However, compensation paid under this section must be taken into account if compensation is later awarded in a civil suit relating to the same matter.
Right of Appeal
Where a Magistrate of the second class orders compensation exceeding two thousand rupees under sub-section (2), the complainant or informant may appeal as if convicted on a trial held by that Magistrate.
When Compensation Is Payable
If the order is appealable under sub-section (6), compensation cannot be paid to the accused until the appeal period expires or, if an appeal is filed, until that appeal is decided. In cases not subject to such an appeal, payment cannot be made before one month from the date of the order.
Application to Summons-Cases and Warrant-Cases
Sub-section (8) expressly provides that Section 273 applies to both summons-cases and warrant-cases.
Section 273 at a Glance
| Issue | Rule under Section 273 BNSS |
|---|---|
| Eligible accused | An accused discharged or acquitted where the Magistrate finds no reasonable ground for the accusation. |
| Person who may be ordered to pay | The complainant or informant upon whose complaint or information the accusation was made. |
| Hearing requirement | The complainant or informant must be given an opportunity to show cause. |
| Maximum compensation | Not more than the amount of fine the Magistrate is empowered to impose. |
| Default imprisonment | Simple imprisonment up to thirty days may be ordered in default of payment. |
| Other liability | The compensation order does not extinguish other civil or criminal liability. |
| Case types | Applies to both summons-cases and warrant-cases. |
Practical Legal Point
The statutory test is not merely whether the accused was discharged or acquitted. The Magistrate must also find that there was no reasonable ground for making the accusation and must give the complainant or informant an opportunity to show cause before imposing compensation.
Official Resources
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The new criminal laws came into force from 1 July 2024, subject to the notified exception concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 and the corresponding First Schedule entry in the BNSS.