CrPC 237 — Procedure in cases instituted under section 199(2)

Code of Criminal Procedure, 1973

Statutory text

(1) A  Court  of  Session  taking  cognizance  of  an offence  under  sub-section (2) of  section  199  shall  try  the  case  in  accordance  with  the  procedure  for  the  trial  of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was
no  reasonable  cause  for  making  the  accusation  against  them  or  any  of  them,  it  may,  by  its  order  of  discharge  or
acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the  Governor of a  State or the  Administrator of a  Union territory) 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.
(4) The  Court shall record and consider any cause  which  may be  shown by the  person  so directed, and if it is
satisfied that there  was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an
order that  compensation to  such amount  not exceeding one thousand rupees, as  it  may determine, be  paid by such person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order,
be exempted from any civil or criminal liability in respect of the complaint made under this section:
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.
(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.

 (8) When an order for payment of compensation to an accused person is made, 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.

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