155.
Frivolous or Vexatious Accusation.
If, in any case instituted by complaint as defined in this Code or upon information given
to a member of the police force or a Magistrate and heard under this chapter, the
Magistrate discharges or acquits the accused and is satisfied that the accusation against
him was frivolous or vexatious, the Magistrate may in his discretion by his order of
discharge or acquittal direct the complainant or informant to pay to the accused, or to
each of accused where there are more than one, such compensation not exceeding LS10
as the Magistrate thinks fit and may award a term of imprisonment not exceeding thirty
days in the aggregate in default of payment, and the provisions of sections 72 and 73 of
the Penal Code, 2003 shall apply as if such compensation were a fine.
Provided that before making any such direction the Magistrate shall :-
.
(i)
(ii)
record and consider any objection which the complainant or informant if present
at the hearing may urge against the making of the direction, and
if he directs any compensation to be paid, state in writing in his order of discharge
or acquittal his reasons for awarding the compensation.
Note:- Compensation awarded under this section may be recovered as if it were a fine.
See section 313.
CHAPTER XVIII
MAGISTERIAL INQUIRES AND COMMITMENT
FOR TRIAL TO A HIGH COURT
Note:- Sections 158 to 172 ( inclusive) in this Chapter lay down the procedure where the
Magistrate acts with the knowledge or on the assumption that the case is for trial by a
High Court, or where a Magistrate of the Payam Court holds an inquiry into a case
which he is not competent to try. Provision is made (section 161) for the transformation
of the inquiry when made by a Magistrate of the first or second class into a trial by such
Magistrate while a Magistrate of Payam Court will, if the offence is not triable by
himself, submit the case under section 237 on completion of the inquiry to a Magistrate of
the first or second class for trial or commitment.
Section 172A of this Chapter gives a Magistrate of the first or second class power
summarily to commit for trial to a High Court on the statements recorded in the Case
Diary without hearing witnesses but otherwise informing the accused of the case against
him and assisting him to prepare his defense. The object of this summary committal
procedure is to shorten the time an accused awaits trial, and to save witnesses and
Magistrate the time and trouble taken up by the ordinary procedure. Provided that the
summary committal procedure set out in Section 172A of this Chapter shall be followed
unless the offence is one punishable with death or when it is prejudicial to the ends of
justice by reason of the number of the accused or the uncertainly of the evidence.
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