Introduction to Section 260 BNSS
BNSS Section 260 provides a detailed legal procedure for cases that are not started by a police report but are directly filed under Section 222(2). It explains how such cases should be tried in the Court of Session using a process similar to warrant cases. It also includes rules for private hearings (in-camera), examination of victims, and compensation if the complaint was false. This section ensures fair justice and protects innocent people from false legal actions.
What is BNSS Section 260 ?
BNSS Section 260 outlines how a Sessions Court should handle private complaints filed under Section 222(2). It follows the procedure for warrant cases not based on a police report. It gives the complainant a chance to speak but also allows the accused to defend. If the case is false and the accused is discharged or acquitted, the court may ask the complainant to pay compensation. The compensation can go up to ₹5,000 and is recoverable like a fine. The section also allows appeals and in-camera trials.
BNSS Section of 260 in Simple Points
1. Trial for Direct Complaints in Sessions Court
When someone files a complaint directly in the Sessions Court under Section 222(2), BNSS 260 applies. The court handles these cases like warrant cases not based on police reports. This means a full trial is conducted with proper examination and evidence. The victim or complainant is normally asked to appear as a witness. However, the judge can exempt this with valid reasons recorded in writing. This ensures that direct complaints are not taken lightly and are treated with legal care. It promotes a structured legal process.
2. In-Camera Trials for Sensitive Cases
BNSS 260 allows the trial to be held in-camera, meaning in a private setting. This can happen if either the accused or the complainant requests it, or if the judge believes privacy is needed. In-camera trials are often used in sensitive or emotional cases, such as sexual offences or family-related disputes. This helps protect the dignity of all involved and prevents public shame or pressure. It creates a safe space for truth to emerge. This provision ensures respect and comfort during court proceedings.
3. False Complaints and Compensation
If the accused is found innocent and the court believes the complaint was false or baseless, BNSS 260 empowers the judge to take action. The judge can order the complainant to explain why they should not pay compensation. After considering the explanation, the court may order the person to pay up to ₹5,000. This acts as a punishment for misusing the legal system and wasting the court’s time. It helps stop people from filing cases with personal motives or without evidence. It also supports innocent accused persons.
4. Recovery and Appeal Process
The compensation ordered under this section is recovered like a fine imposed by a magistrate. It is legally enforceable and must be paid. However, the person who is ordered to pay compensation has the right to appeal in the High Court. This keeps the process fair on both sides. Also, the court does not allow payment of compensation until the appeal period is over, or the appeal is resolved. This safeguards against injustice. The rule gives both parties a fair legal opportunity.
5. Civil and Criminal Liability Still Applies
Even if a person pays compensation under BNSS 260, they are not freed from other legal responsibilities. This means they can still face civil or criminal cases for the same matter. For example, if the complaint caused harm or defamation, further legal action can be taken. However, any money already paid as compensation is adjusted in future civil claims. This shows the law treats compensation as just one step and not the end of justice. It maintains legal balance and fairness.
Section 260 of BNSS Overview
BNSS 260 deals with criminal complaints filed directly in court without police involvement. The section ensures that trials are conducted fairly, even when filed privately. It mandates the victim’s examination unless exempted, allows for private hearings, and includes strict rules for awarding compensation if the accused is found innocent and the case had no proper basis. It balances the legal rights of both the accused and complainant, and prevents misuse of the law.
BNSS Section 260 – 10 Key Points
1. Trial Procedure in Session Court (Non-Police Report Cases)
BNSS Section 260 applies when a Court of Session takes up a case under Section 222(2). It states that the case must be tried using the same procedure that is followed for warrant cases started without a police report in a Magistrate’s Court. This ensures consistency in trials where complaints are directly made to the court. It gives clarity to the process and rights to both parties. The goal is to follow a detailed process even if the police are not involved. It supports fair treatment of accused individuals. The judge must ensure that all procedures are properly followed for justice.
2. Mandatory Prosecution Witness – Victim’s Examination
In such cases, the person who made the accusation (victim) must usually be examined as a witness for the prosecution. However, the Court of Session may decide not to examine them, but only if it records valid reasons in writing. This ensures that the court listens to the side of the person claiming to be the victim. It allows the court to understand the incident directly. If the court skips this step, it must explain why. This clause protects the rights of both complainant and accused. It adds a layer of transparency to the trial.
3. Option of In-Camera Trials
BNSS Section 260 also states that the trial can be held in-camera, meaning privately, without the public or media present. This is allowed if either party requests it or if the court feels it is appropriate. In-camera trials are used to protect the dignity and privacy of parties involved, especially in sensitive or high-profile cases. It also helps to avoid media pressure or public influence. The goal is to create a safe environment where all parties can speak freely. This increases the fairness and honesty of the trial process.
4. Compensation for False Accusations
If the court finds that no reasonable cause existed for the accusation and acquits or discharges the accused, it may ask the complainant to show cause why they should not pay compensation. This does not apply if the complainant is the President, Vice-President, Governor, or Union Territory Administrator. The accused must not suffer due to false or baseless complaints. This clause helps prevent misuse of the legal system. It also reminds complainants to act responsibly when filing cases. False cases waste court time and harm innocent lives.
5. Compensation Order by Court – After Explanation
After hearing the reason from the complainant, if the court is still satisfied that there was no reasonable cause, it may order that the complainant pay compensation up to ₹5,000 to the accused. This compensation is not automatic; it comes only after the court carefully examines both sides. The reason for the decision must be recorded in writing. This ensures accountability and discourages malicious complaints. Such compensation is a way to protect wrongly accused people. It helps restore their dignity and supports justice.
6. Recovery of Compensation Like a Fine
If compensation is awarded, it shall be recovered like a fine imposed by a Magistrate. This means the amount can be legally enforced, and the court can take steps to ensure the money is paid. The government may take legal action to collect the amount. This gives the compensation order real power and not just symbolic value. It strengthens the rights of innocent people who are falsely accused. The accused person gets actual relief and justice in financial form. It also discourages fake accusations in society.
7. No Exemption from Civil or Criminal Liability
Even if the complainant pays compensation under this section, it does not protect them from further civil or criminal liability related to the case. That means they can still be sued or charged if they committed a crime or caused harm. However, any money already paid as compensation under Section 260 must be considered if another court awards further compensation. This prevents double punishment but keeps the legal process open. It balances justice for the accused and responsibility for the complainant. It ensures legal accountability continues.
8. Right to Appeal Against Compensation Order
If the court orders someone to pay compensation under BNSS Section 260, they have the right to appeal this order. The appeal can be filed in the High Court, but only in regard to the compensation part of the decision. This protects the rights of the person ordered to pay. They get a second chance to challenge the court’s view. It ensures justice is not one-sided and that everyone has a legal remedy. This clause reflects the values of natural justice and fair hearing.
9. Delay in Payment Till Appeal Period Ends
If a compensation order is made under Section 260, the payment should not be given to the accused immediately. The money can only be paid after the time for appeal has passed, or if an appeal is filed, after the High Court decides the appeal. This prevents premature payments and legal complications. It protects the payer’s right to challenge the decision. The rule also helps in avoiding conflicting judgments. It supports a proper legal process before enforcement of financial orders.
10. BNSS 260 – A Shield Against Misuse of Law
BNSS Section 260 is designed to protect the justice system from being misused through false accusations. It makes the trial process strict but fair, provides the option of privacy, ensures victim examination, and gives financial relief to the wrongly accused. By setting a compensation mechanism, it prevents people from making baseless claims. It also discourages harassment through legal complaints. Overall, Section 260 supports the balance of fairness—protecting both the complainant and the accused in a legal and human-centered way.
Example 1:
A woman files a private complaint in the Sessions Court claiming her neighbor assaulted her. The case is tried under BNSS Section 260. After trial, the court finds there was no valid proof and acquits the neighbor. The court then asks the woman to explain why she should not pay ₹5,000 as compensation for filing a false case.
Example 2:
A man directly files a criminal complaint in the Court of Session alleging that his boss cheated him. The court begins the trial following warrant-case procedure (without police report). The complainant is called to testify, but gives a weak statement. The case fails, and the accused is acquitted. The complainant is asked to show cause why he should not pay compensation under Section 260.
Section 260 of BNSS Short Information
| Aspect | Details |
|---|---|
| Court Type | Court of Session (Non-police complaint cases) |
| Trial Format | Follows warrant-case procedure (without police report) |
| Victim’s Role | Must testify unless court exempts with written reason |
| Compensation Clause | Up to ₹5,000 if accusation is false and accused is acquitted |
| Appeal & Recovery | Compensation can be appealed and recovered like a court fine |
Why is BNSS 260 Needed?
BNSS Section 260 is important because it provides a clear legal process for cases that are directly filed in the Sessions Court, without police involvement. Such cases can be sensitive or urgent, but there is always a risk of false complaints being used to harass others. This section ensures that even privately filed complaints follow strict court rules, and the victim is examined properly. It also offers protection to the accused by allowing the court to award compensation if the complaint was found to be baseless. BNSS 260 helps balance justice and fairness while discouraging misuse of legal provisions.
BNSS Section 260 FAQs
BNSS 260
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