[249A. Power of Magistrate to acquit accused at any stage. Nothing in this Chapter shall be deemed
to prevent a Magistrate from acquitting an accused at any stage of the case if, after hearing the prosecutor
and the accused and for reasons to be recorded, he considers that the charge is groundless or that there is no
probability of the accused being convicted of any offence].
1
Frivolous Accusations in 2[Cases tried by Magistrate]
250. False, frivolous or vexatious accusations.3[(1) If in any case instituted upon complaint or upon
information given to a policeofficer or to a Magistrate, one or more persons is or are accused before a
Magistrate or any offence triable by a Magistrate, and the Magistrate by whom the case is heard 4* *
*acquits all or any of the accused, and is of opinion that the accusation against them or any of them was
false and either frivolous or vexatious, the Magistrate may, by his order of 4* * * acquittal, if the person
upon whose complaint or information the accusation was made is present, call upon hin forthwith to show
cause why he 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 information may
show and if he is satisfied that the accusation was false and either frivolous or vexatious may, for reasons to
be recorded, direct that compensation to such amount not exceeding 5[twentyfive thousand rupees] or, if
the Magistrate is a Magistrate of the third class, not exceeding 6[two thousand and five hundred rupees] as
he may determine, be paid by such complainant or informant to the accused or to each or any of them.
[(2A) The compensation payable under subsection (2) shall be recoverable as an arrear of
land revenue.]
7
(2B) When any person is imprisoned under subsection (2A), the provisions of sections 68 and 69 of the
Pakistan Penal Code (XLV of 1860) shall, so far as may be, apply.
(2C) No person who has been directed to pay compensation under this section shall, by reason of such
order, be exempted from any civil or criminal liability in respect of the complaint made or information given
by him:
Provided that any amount paid to an accused person under this section shall be taken into account in
awarding compensation to such person in any subsequent civil suit relating to the same matter.]
1 Ins. by the Code of Criminal Procedure (Amdt.) Ord. 1977 (36 of 1977) s.2. (w.e.f 301077).
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch, for “summons and Warrant Cases”.
3 Subsections (1) to (2C) were subs. for the original subsections (1) and (2) by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.69
4 Omitted by Ordinance 12 of 1972, s.2 and Sch.
5 Subs. by the Code of Criminal Procedure (Amdt.) Ordinance, 1980 (6 of 1980), s.2, for “five hundred rupees” which was subs. by Ord. 12 of 1972, s.2 and Sch, for “one hundred rupees.”
6 Subs by Ord. 6 of 1980, s.2 for “fifty rupees”.
7 Subsection (2A) which was amended by Ordinance 12 of 1972, has been subs. ibid.
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