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Section 31: Sections 31 [Repealed by the Repealing and Amending Act, 1891]

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 30 All 36 Sections Schedules I & II Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 of the Court Fees Act, 1870 was a historical section providing for the refund of fees paid on applications to Criminal Courts, which was repealed by the Repealing and Amending Act, 1891.

  • Historical Criminal Refund Provision: Originally provided for refund of process-fees in certain criminal complaints upon conviction.
  • Repeal by Act 12 of 1891: Formally repealed by the Repealing and Amending Act, 1891 (12 of 1891).
  • Supersession by CrPC & BNSS: Replaced by compensatory and cost provisions in the procedural codes (Section 359 CrPC / Section 400 BNSS).
Key Landmark Precedents:
  • Harisingh v. Sukhbir Singh, (1988) 4 SCC 551: The Supreme Court noted that recovery of costs and fees by criminal complainants is governed comprehensively by procedural codes.
  • State of Bombay v. Supreme General Films Exchange Ltd., AIR 1960 SC 980: Discussed the legislative consolidation of court fee statutes.
Courtroom Practice & Strategic Litigation Guidance:

Section 31 is repealed; when seeking refund or reimbursement of expenses in criminal complaints, apply under Section 400 of the BNSS, 2023 rather than the Court Fees Act.

Section 30 All 36 Sections Schedules I & II Section 32