Falsely accused? You can claim back.

Myth or fact?

What people often think.

• Myth: Acquittal is the end. Nothing more can be done.
• Fact: A Magistrate who acquits you and finds the accusation false and frivolous or vexatious can order the complainant to pay you compensation (CrPC s.250).

How it works.

Section 250, CrPC.

• WhoThe Magistrate who heard the case and acquitted you.
• Show causeThe complainant is called to explain why he should not pay (s.250(1)).
• How muchUp to Rs 25,000; up to Rs 2,500 for a Magistrate of the third class (s.250(2)).

Quick quiz. A fair hearing.

Guess first, then swipe for the answer.

• A. Yes, straight away
• B. No, he must hear him first
• C. Only if you apply in writing

Answer: B. The steps.

The Lahore High Court, 2019 PCrLJ 894.

• AcquittalAnd an opinion that the charge was false and frivolous or vexatious.
• Show causeThe complainant is called and his cause recorded.
• DecisionCause considered and rejected, with reasons.

When is it paid?

Section 250(2-A), (3) and (4).

• RecoveryAs an arrear of land revenue.
• AppealThe complainant can appeal the order.
• WaitingPaid after the appeal time ends or the appeal is decided; otherwise after one month.

A crime too.

Section 211, Pakistan Penal Code.

“Whoever with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

Pakistan Penal Code, 1860 · Section 211, False charge of offence made with intent to injure

Sue for damages.

A suit for malicious prosecution.

• Two thingsProve malice, and no reasonable and probable cause (2024 MLD 1237, Sindh).
• Not enoughAcquittal alone does not give a right to damages (2016 CLC 1585, Peshawar).
• CountedCompensation already paid under s.250 is taken into account (s.250(2-C)).

Myth or fact?

The deadline.

• Myth: I can sue for malicious prosecution whenever I am ready.
• Fact: The limit is one year from the day you are acquitted or the prosecution otherwise ends (Limitation Act, Art. 23).

Faced a false case?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• I was acquitted in a false theft case. Can I get compensation from the complainant?
• Draft a suit for damages for malicious prosecution.

Example questions

What this does not mean

• Acquittal alone does not give you a right to damages. In a suit for malicious prosecution you must prove malice and no reasonable and probable cause.
• Compensation under s.250 CrPC is ordered only when the Magistrate who acquits finds the accusation false and frivolous or vexatious, and only after hearing the complainant.
• The amount under s.250 is capped at Rs 25,000, or Rs 2,500 for a Magistrate of the third class, and any amount already paid is taken into account in a later suit.

Questions people ask

Sources

• Pakistan Penal Code, 1860 · Section 211
  False charge of offence made with intent to injure Pakistan Code