(1) If in any case in which an information has been given, by any person under the provisions of sub-section (2) of section 58, the comoetent authority after such inquiry as it may deem necessary, is of opinion that such information was false and either frivolous or vexatious, it may, for reasons to be recorded in writing, direct that compensation to such an amount not exceeding one hundred rupees, as it may determine, be paid by such informer to the person against whom the information was given.
(2) Before making any order for the payment of compensation, the competent authority shall call upon the informer to show cause why he should not pay compensation and shall consider any cause which such informer may show.
(3) The competent authority may, by the order directing payment of the compensation, further order that in default of payment the person ordered to pay such compensation
7. See foot note under section 20 ante.
Central Act 4 of 1912.
Central Act 4 of 1954.
Transfer from one institution to another.
Compensation for false and frivolous or vexatious information.
[Act No.26 of 1979] 43 shall suffer simple imprisonment for a term not exceeding thirty days.
(4) When any person is imprisoned under sub-section
(3), the provisions of sections 68 and 69 of the Indian Penal Code, 1860, shall, so far as may be, apply.
(5) 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 information given by him but any amount paid as compensation shall be taken into account in any subsequent civil suit relating to such matter.
(6) When an order for the payment of compensation is made under sub-section (1) the compensation shall not be paid to person ordered to receive it before the period allowed for the presentation of an appeal has expired or if an appeal has been filed, till it is disposed of.