Code of Criminal Procedure, 1973 · Section 359

CrPC 359 in BNSS: Section 400

Section 359 of the Code of Criminal Procedure, 1973 corresponds to Section 400 of the Bharatiya Nagarik Suraksha Sanhita, 2023. CrPC 359 deals with order to pay costs in non-cognizable cases. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, replacing the CrPC. Both texts are set out below, side by side, with the changed words marked.

Code of Criminal Procedure

CrPC 359 is now BNSS 400.

Order to pay costs in non-cognizable cases

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. XXVII
s. 359
Order to pay costs in non-cognizable cases
(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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXIX
s. 400
Order to pay costs in non-cognizable cases.
(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.
Text from India Code

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