Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 400: Order to pay costs in noncognizable cases
(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable.
(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
Brefe Detail
Section 400 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides that when a complaint is made to a court regarding a non-cognizable offense, and the accused is convicted, the court may order the accused to pay the costs incurred by the complainant in the prosecution. These costs can include process-fees, witness fees, and advocate’s fees. If the accused fails to pay these costs, the court can impose a sentence of simple imprisonment for up to 30 days. Additionally, appellate courts, the High Court, or the Court of Session can also issue such an order while exercising their revisionary powers.
Question & Answers
Q1: What does Section 400 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pertain to?
A1: It pertains to the order to pay costs in noncognizable cases.
Q2: In which cases can the court order the accused to pay costs to the complainant?
A2: The court can order the accused to pay costs if the accused is convicted in a non-cognizable offense.
Q3: What can these costs include?
A3: The costs may include process-fees, witness expenses, and advocate's fees that the court deems reasonable.
Q4: What happens if the accused fails to pay the costs?
A4: If the accused fails to pay the costs, the court may order simple imprisonment for up to 30 days.
Q5: Can any other court besides the trial court make such an order?
A5: Yes, an Appellate Court, the High Court, or the Court of Session can also issue this order while exercising their powers of revision.
Example
1. Example 1: A person files a non-cognizable complaint against someone for defamation. If the court convicts the accused, it may order the accused to pay the complainant's costs, including legal fees, witness fees, and process fees. If the accused fails to pay the costs, they may be sentenced to simple imprisonment for up to 30 days.
2. Example 2: An appellate court reviewing a non-cognizable case may also order the accused to cover the costs incurred by the complainant during the trial, including attorney and witness fees, if the lower court's decision stands after the appeal.
Summary
Section 400 of the Bharatiya Nagarik Suraksha Sanhita, 2023, gives courts the authority to order an accused person, convicted of a non-cognizable offense, to pay costs incurred by the complainant during the prosecution. This can include process-fees, witness fees, and advocate's fees. In case of non-payment, the accused may face simple imprisonment for up to 30 days. Additionally, appellate courts, High Courts, and Sessions Courts can also pass such an order during the revision process.
