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Report No. 277

'Chapter XXVIIA

Compensation to persons wrongfully prosecuted Section 365A Application for compensation.-

(1) An application seeking compensation for a wrongful prosecution may be made-

(a) by the accused person, who has sustained the injury; or

(b) by any agent duly authorised by the accused person, who has sustained the injury; or (c) where the accused person died either before or after the termination of the wrongful prosecution, by all or any of the heirs or the legal representatives of the deceased:

Provided that where all the heirs or the legal representatives of the deceased have not joined in any such application for compensation, the application shall be deemed to have been made on behalf of and for the benefit of all the heirs and the legal representatives of the deceased.

Explanation 1.-In this section and section 365B, "injury" means any harm caused to any accused, of body, mind, reputation or property, actual or as a probable result of the wrongful prosecution.

Explanation 2.-In this section and sections 365B, 365C, 365D, 365E, 365F and 365I, "compensation" includes pecuniary or non-pecuniary compensation, or both; whereas the non-pecuniary compensation includes counseling services, mental health services, vocational or employment skills development, and such other services or assistance that the accused may require to facilitate reintegration into society.

(2) Every application under sub-section (1) shall be filed, at the option of the applicant, either in the Special Court having jurisdiction over the area in which the wrongful prosecution occurred or to the Special Court within the local limits of whose jurisdiction the applicant resides, in such form containing such particulars as may be prescribed.

(3) In case of longer incarceration exceeding six months, the Special Court may, after providing an opportunity of hearing to the applicant and the other parties, award interim compensation to the applicant, if so claimed, to facilitate his immediate rehabilitation, such compensation which shall not exceed fifty thousand rupees, but in any case shall not be less than twenty five thousand rupees.

(4)Every application for such compensation under subsection (1) shall be preferred within a period of two years from the date when acquittal attains finality: Provided that the Special Court may entertain the application after the expiry of the said period of two years but not later than three years, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

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