Court Fees Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 18 of Court Fees Act: Written examinations of complainants
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, is reduced to writing under the Code of Criminal Procedure, the complainant shall pay a fee of one rupee, unless the Court thinks fit to remit such payment.
Legal Commentary & Landmark Judgments: Section 18
Section 18 of the Court Fees Act, 1870 provides that when the written examination of the complainant is taken down by a criminal court under the procedural code, the complainant shall not be required to pay any fee for such examination.
Criminal Complainant Exemption: Applies to the examination of a complainant in criminal proceedings taken down in writing by a Magistrate under Section 200 CrPC / Section 223 BNSS.
No Fee Payable: The complainant shall not be required to pay any court fee on such examination or deposition.
Free Access to Criminal Justice: Protects citizens reporting offences from fiscal obstruction in initiating criminal investigations.
Key Landmark Precedents:
Associated Cement Co. Ltd. v. Keshvanand, (1998) 1 SCC 687: The Supreme Court noted that criminal justice administration must remain accessible and unburdened by fiscal impediments during complainant examination.
State of Maharashtra v. Mishrilal Tarachand Lodha, AIR 1964 SC 457: Highlighted the demarcation between civil court revenue and criminal process exemptions.
Courtroom Practice & Strategic Litigation Guidance:
If a court registry or criminal clerk demands process or stamp fees for recording the complainant's preliminary statement under Section 223 BNSS, resist the demand citing Section 18 of the Court Fees Act.
Legal Commentary & Landmark Judgments: Section 18
Section 18 of the Court Fees Act, 1870 provides that when the written examination of the complainant is taken down by a criminal court under the procedural code, the complainant shall not be required to pay any fee for such examination.
If a court registry or criminal clerk demands process or stamp fees for recording the complainant's preliminary statement under Section 223 BNSS, resist the demand citing Section 18 of the Court Fees Act.