Section 400 BNSS: Order to pay costs in non-cognizable cases (Formerly Section 359 CrPC)

Section 400 of Bharatiya Nagarik Suraksha Sanhita, 2023: Order to pay costs in non-cognizable cases

Official Bare Act Text

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

(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.

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 400

Section 400 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 359 of the CrPC, 1973) empowers criminal courts to order a convicted person in a non-cognizable case to pay the costs incurred by the complainant in prosecuting the matter.

Applicability to Non-Cognizable Cases: Triggered whenever any complaint of a non-cognizable offence is made to a Court, and the Court convicts the accused.
Award of Prosecution Costs: The Court may, in addition to the penalty imposed upon the accused, order them to pay to the complainant, in whole or in part, the costs incurred by the complainant in the prosecution.
Items of Allowable Costs: Includes court fees, process fees, witness allowances, and advocate fees incurred by the private complainant.

Key Landmark Precedents:

Harisingh v. Sukhbir Singh, (1988) 4 SCC 551: The Supreme Court affirmed that criminal courts must liberally exercise statutory powers to award costs and compensation to victims of crime to restore their financial losses.
Manish Jalan v. State of Karnataka, (2008) 8 SCC 225: Reiterated that awarding costs and compensation humanizes the criminal process and avoids leaving the victim uncompensated.

Courtroom Practice & Strategic Litigation Guidance:

In private non-cognizable prosecutions (such as criminal defamation, simple cheating, or nuisance), submit an itemized bill of costs (court fees, witness transit, counsel fees) at the sentencing stage under Section 400.