THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
Frivolous Accusations in [1][Cases tried by Magistrates]
250. False frivolous or
vexatious accusation. (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 [2][...] acquits all or any of the accused, and is of
opinion that the accusation against them or any of them was false and either
frivolous or vexatious, the Magistrate may, by his order of 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 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 the accusation was false and
either frivolous or vexatious may, for reasons to be recorded, direct that
compensation to such amount not exceeding [3][twenty-five thousand rupees] or if the Magistrate
is a Magistrate of the third class not exceeding [4][two thousand and five hundred] rupees, as he may
determine, be paid by such complainant or informant to the accused or to each
or any of them.
[5][(2-A) The compensation payable under sub-section
(2) shall be recoverable as an arrear of land revenue.]
(2-B) When
any person is imprisoned under sub-section (2-A), the provisions of Sections 68
and 69 of the Pakistan Penal Code shall, so far as may be, apply.
(2-C) 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.]
(3) A complainant or informant who has been
ordered under sub-section (2) by a Magistrate of the Second or Third Class to
pay compensation or has been so ordered by any other Magistrate to pay
compensation exceeding fifty rupees may appeal from the order, in so far as the
order relates to the payment of the compensation, as if such complainant or
informant had been convicted on a trial held by such Magistrate.
(4) When an order for payment of
compensation to an accused person is made, in case which is subject to appeal
under sub-section (3), 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.
[6][(5) x x x x x x]
In
sub-section (2), for the words “twenty five thousand” the words “one hundred
thousand” shall be substituted by Act XVII of 2017, dated 27.5.2017.
[1]. Subs.
by Law Reforms Ordinance, 1972, Item 97.
[2]. Words
“discharges or” and “discharge or” respectively omitted by Law Reforms
Ordinance, 1972.
[3]. Subs.
by Cr.P.C. (Amendment) Ordinance, VI of 1980, Section 2.
[4]. Subs.
by Cr.P.C. (Amendment) Ordinance, VI of 1980, Section 2.
[5]. Subs.
by Cr.P.C. (Amendment) Ordinance, VI of 1980, Section 2.
[6]. Repealed
by Act XVIII of 1923.