Section 350 BNSS: Expenses of complainants and witnesses (Formerly Section 312 CrPC)

Section 350 of Bharatiya Nagarik Suraksha Sanhita, 2023: Expenses of complainants and witnesses

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 350

Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 312 of the CrPC, 1973) provides for the payment of reasonable expenses of complainants and witnesses attending court for inquiry, trial, or other proceedings out of State funds.

Payment of Reasonable Expenses: Any Criminal Court may order payment on the part of the Government of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial, or proceeding.
State Government Rules: Expenses are determined and disbursed in accordance with rules framed by the State Government.
Witness Protection Linkage: Reinforces the institutional duty of the State to facilitate witness attendance without inflicting financial distress.

Key Landmark Precedents:

Mahender Chawla v. Union of India, (2019) 14 SCC 615: The Supreme Court framed the National Witness Protection Scheme, holding that financial reimbursement and protective travel arrangements are indispensable to ensure witnesses can depose without fear or hardship.
State of Kerala v. Babu, (1999) 4 SCC 621: Observed that reimbursement of witness allowances is a statutory obligation designed to prevent witnesses from turning hostile due to logistical exhaustion.

Courtroom Practice & Strategic Litigation Guidance:

Whenever independent defence witnesses travel from distant locations to depose, file an immediate memo under Section 350 praying for reimbursement of their travel and boarding expenses from the court's administrative budget.