Code of Criminal Procedure, 1898 — Section 250: False, frivolous or vexatious accusations

250. False, frivolous or vexatious accusations.__ 2[(1) If in any case instituted upon complaint or upon information given to a police-officer 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 3[* * *] 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 3[* * *] acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him 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 4 [twenty five thousand rupees]* or, if the Magistrate is a Magistrate of the third class, not exceeding 4 [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. 5 [(2A) The compensation payable under sub-section (2) shall be recoverable as an arrear of land revenue.] (2B) When any person is imprisoned under sub-section (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.]

(3)A complainant or informant who has been ordered under 6[sub-section (2)] by a Magistrate of the second or third class to pay compensation 7[or has been so ordered by any other Magistrate to pay compensation exceeding fifty rupees] may appeal from the order, in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(4)When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (3), 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 1[and, where such order is made in a case which is not so subject to appeal, the compensation shall not be paid before the expiration of one month from the date of the order]. 2

(5)[* * * * * * *] 3 [250A. Special summons in case of petty offences.__ (1) Any Magistrate of the first class specially empowered in this behalf by the Provincial Government taking cognizance of any offence punishable only with fine shall, except for reasons to be recorded in writing, issue summons to the accused requiring him either to appear before him on a specified date in person or by an advocate or, if he desires to plead guilty to the charge, without appearing before the Magistrate, to transmit to the Magistrate before the specified date, by registered post or through a messenger, the said plea in writing and the amount of fine specified in the summons or, if he desires to appear by an advocate and to plead guilty to the charge, to authorise, in writing, such advocate to plead guilty to the charge on his behalf and to pay the fine: Provided that the amount of the fine specified in such summons shall not be less than twenty-five percent nor more than fifty per cent of the maximum fine provided for such offence.

(2)Sub-section (1) shall not apply to an offence punishable under the Motor Vehicles Ordinance, 1965 (W.P. Ordinance XIX of 1965), or under any other law which provides for the accused person being convicted in his absence on a plea of guilty.] 4 CHAPTER XXI.__ [OF THE TRIAL OF WARRANT CASES BY MAGISTRATES.] Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. CHAPTER XXII OF SUMMARY TRIALS 5260. Power to try summarily.__ (1) Notwithstanding anything contained in this Code,

(c)hurt, under section 1[clause (i) of section 337A] of the same Code;

(d)theft, under sections 379, 380 or 381 of the same Code, where the value of the property stolen does not exceed 1[ten thousand rupees] ;

(e)dishonest misappropriation of property under section 403 of the same Code, where the value of the property misappropriated does not exceed 1[ten thousand rupees] ;

(f)receiving or retaining stolen property under section 411 of the same code, where the value of such property does not exceed 1[ten thousand rupees] ;

(g)assisting in the concealment or disposal of stolen property, under section 414 of the same Code, where the value of such property does not exceed 1[ten thousand rupees] ;

(h)mischief, under section 427 of the same Code;

(i)house-trespass, under section 448, and offences under sections 451, 2[453, 454], 456 and 457 of the same Code ;

(j)insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506, of the same Code;

(a)offences against the Pakistan Penal Code (XLV of 1860), sections 277, 278, 279, 285, 286, 289, 290, 292, 293, 294, 1[337A (i), 337L (2), 337H (2)], 341, 352, 426, 2[447 and 504] ;

(b)offences against Municipal Acts, and the conservancy clauses of Police Acts which are punishable only with fine or with imprisonment for a term not exceeding one month 3[with or without fine] ;

(c)abetment of any of the foregoing offences ;

(d)an attempt to commit any of the foregoing offences, when such attempt is an offence.