(1) A Court of Session taking cognizance of an offence under sub-section (1) of
section 222 shall try the case in accordance with the procedure for the trial of warrant-cases
instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed
shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined
as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so
desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and
is of opinion that there was no reasonable cause for making the accusation against them or
any of them, it may, by its order of discharge or acquittal, direct the person against whom
the offence was alleged to have been committed (other than the President, Vice-President or
the Governor of a State or the Administrator of a Union territory) 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.
(4) The Court shall record and consider any cause which may be shown by the person
so directed, and if it is satisfied that there was no reasonable cause for making the accusation,
it may, for reasons to be recorded, make an order that compensation to such amount not
exceeding five thousand rupees, as it may determine, be paid by such person to the accused
or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine
imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section (4)
shall, by reason of such order, be exempted from any civil or criminal liability in respect of
the complaint made under this section:
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.
(7) The person who has been ordered under sub-section (4) to pay compensation
may appeal from the order, in so far as it relates to the payment of compensation, to the High
Court.
(8) When an order for payment of compensation to an accused person is made, the
compensation shall not be paid to him before the period allowed for the presentation of the
appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.
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