17.
| (1) Whenever a court acquits or discharges the accused and declares that the complaint was frivolous or vexatious, it shall be lawful for such court to order the complainant to pay State costs in a sum determined by the court. The court may, in addition, at the same time, order the complainant to pay to the accused or to each of the accused when there are more than one, such compensation as it shall think fit. |
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| (2) Whenever any person causes a police officer to arrest another person, if it appears to the court taking cognizance of the case that there was no sufficient ground for causing such arrest, the court may award such compensation as it thinks fit to be paid by the person so causing the arrest to the person so arrested for his loss of time and income and for his expenses in the matter. If more persons than one are arrested, the court may in like manner award to each of them such compensation as the court shall think fit. The payment of such compensation shall not be a bar to an action for false imprisonment. |
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| (3) Before making any order under the preceding subsections the court shall record and consider any objection which the complainant may urge against the making of the order, and, if the court makes such order, it shall record its reasons for making the same. Payment of compensation upon conviction. |
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| (4) Whenever any person is convicted of any offence or where the court holds the charge to be proved but proceeds to deal with the offender without convicting him, the court may order the person convicted or against whom the court holds the charge to be proved to pay within such time or in such instalments as the court may direct, such sum by way of compensation to any person affected by the offence as to the court shall seem fit. |
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| (5) If the offender referred to in subsection (4) is under the age of sixteen years the court may, if it deems fit, order the payment to be made by his parent or guardian. |
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| (6) Any sum awarded under this section whether by way of costs or compensation shall be recoverable as if it were a fine imposed by the court. Compensation not to exceed five hundred rupees. |
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| (7) When the compensation ordered is by a Magistrate's Court such compensation shall not exceed five hundred rupees to each aggrieved party. Fine may be applied to defray expenses of prosecution. |
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| (8) Whenever a court imposes a fine or a sentence of which a fine forms a part, the court may order the whole or any part of the fine recovered to be applied-
| | (a) in defraying the expenses properly incurred in the prosecution; or | | |
| | (b) in compensation for the injury caused by the offence committed. | | |
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| (9) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section. |
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Sri Lanka Consolidated Acts