317.
Compensation to Persons Groundlessly Arrested.
When any person causes the arrest of another person and it appears to a Magistrate of the
first or second class by whom the case is inquired into or tried that there was no sufficient
grounds for causing such arrest, the Magistrate may in his discretion direct the person
causing the arrest to pay to the arrested person or each of the arrested persons, if there are
more than one, such compensation not exceeding LS10,000 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 section 72 and 73 of the Penal Code shall apply as if
such compensation were a fine.
Provided that, before making any such direction the Magistrate shall:(a)
(b)
record and consider any objection which the person causing the arrest, if
present, may urge against the making of the direction; and
if he directs any compensation to be paid, state in writing his reasons for
awarding the compensation.
NOTE:- Compensation awarded under this section may be recovered as if it were a fine
See section 313.
318.
319.
Forms.
(1)
The forms set forth in the Third Schedule, with such variation as the
circumstances of each case require, may be used for the respective purpose
therein mentioned and if used shall be sufficient.
(2)
The President of the Court of Appeal may from time to time alter or cancel any of
the forms set forth in the Third Schedule or may prescribe new forms which shall
have effect as if they were included in the Third Schedule or may prescribe new
forms which shall have effect as if they were included in the Third Schedule.
Power to Make Rules as to Fees.
The President of the Court of Appeal may from time to time make, alter or annual any
rules prescribing fees to be charged for any act or thing done under this Code.
320.
Case in which Magistrate is Personally Interested.
No Magistrate shall try or commit for trial or sit as a member of a Court which tries any
case to or in which he is a party or personally interested without the consent of the
County Court Judge or in the case of County Court Judge of the High Court, or in case of
the High Court Judge, the Court of Appeal.
107
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