Code of Criminal Procedure Act, 1973
237.Procedure in cases instituted under section 199(2).-
(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:
Providedthat 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.