Description
A Court of Session taking cognizance of an offence under Sub-Section (2) of Section 199 shall try the case following the procedure applicable to warrant cases instituted otherwise than on a police report before a Magistrate.
Key Provisions:
- Examination of Witness: The person against whom the offence is alleged to have been committed shall be examined as a prosecution witness unless the Court of Session, for recorded reasons, decides otherwise.
- In-Camera Trial: Every trial under this section shall be conducted in camera if either party requests it or if the Court deems it necessary.
- Compensation for False Accusation:
- If the Court discharges or acquits all or any of the accused and finds that there was no reasonable cause for making the accusation, it may direct the complainant (except the President, Vice-President, Governor, or Administrator of a Union Territory) to show cause why compensation should not be awarded to the accused.
- Upon considering the response, if the Court is satisfied that the accusation lacked reasonable cause, it may order the complainant to pay compensation, not exceeding ?1,000, to the accused.
- Compensation shall be recovered as if it were a fine imposed by a Magistrate.
- No Exemption from Liability: A person directed to pay compensation under this provision is not exempted from any civil or criminal liability arising from the complaint. However, any compensation awarded under this section shall be considered in subsequent civil proceedings.
- Right to Appeal: The person ordered to pay compensation may appeal the order, specifically regarding compensation, to the High Court.
- Execution of Compensation Order: The accused shall not receive the compensation before the appeal period has expired or, if an appeal is filed, until the appeal is decided.
