When Accused is Entitled to Compensation ?

           The term "Human Rights" denotes all those rights which are inherent in their nature and without which we cannot leave as human beings. Human rights are not created by any legislature.Human rights being essential for the all-round development of the personality of the individual in the society, being necessarily protected and being made available to all individuals.
             As a result are these rights have become established as guaranteed Human Rights. The purpose of securing Human Rights as such, to provide protection to these rights against the abuses of power committed by the organs of state, to establish institutions for the promotion of living condition of human beings, for the development of their personality and at the same time to provide effective remedial measures for obtaining  redress in event of those rights are violated.

1) Human Rights of Accused 

   Human Rights are generally violated by arbitrarily making that the innocent person as accused of some offense which one has not committed or is involved due to enmity, or due to victimization. An accused person is supposed to be innocent unless the charge of some offense is proved against him.

Article 11 of the Universal Declaration of Human Rights, 1948 declared that -

        (1) Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to the law in a public trial at which he has had all the guarantees necessary for his defense.

       (2) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under the national or international law, at the time when it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

2) When Accused is Entitled to Compensation? 

          Article 9.5 of the International Covenant on Civil and political rights provided that anyone who has been victim of unlawful arrest or detention shall have an enforceable right to compensation.

         Section 358 of The Criminal Procedure Code,1973 provides for the compensation to persons groundlessly arrested, that - 

         (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one hundred rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.

       (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such Magistrate thinks fit.

       (3) All compensation awarded under this section may be recovered as if it were a fine, and if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.

  Section 250 of the Criminal Procedure Code provides for the compensation for accusation without reasonable cause, that - 

          (1) lf in any case instituted upon complaint or upon information given to a police officer or to 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 or the accusation is present, call upon him forth how cause why y be 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, máke an order that compensatíon 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 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.


See also...

Right of Private Defence (Section 96 to 106 IPC): Indian Penal Code 1860

Punishments under the Indian Penal Code,1860

Human Rights of Children In India