Chapter XXVII
Section 359 CrPC: Order to pay costs in non-cognizable cases
New Law Update (2024)
Section 403 BNSS
TRIAL COURT
Punishment
Fine
Cognizable?
Non-Cognizable
Bailable?
Compoundable?
Bare Act Text
(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 pleader’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.
Important Sub-Sections Explained
Section 359(1)
This sub-section empowers a court, upon convicting an accused in a non-cognizable offence case, to order them to pay the complainant the costs incurred during the prosecution. It also specifies that these costs can include expenses for process-fees, witnesses, and legal counsel, and allows for simple imprisonment if the accused defaults on payment.