359
359
Order to pay costs in non-cognizable cases
Code of Criminal Procedure, 1973
Chapter XXVII The Judgment
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsNon Cognizable OffenseCourt CostsLegal ExpensesFinancial Responsibility
🗣️ Simple Explanation
What does this law say?
Section 359 of the CrPC allows a court to make an accused person pay the costs of a case. This happens when the accused is found guilty of a non-cognizable offense.
Why does this law exist?
It helps the person who filed the complaint recover their expenses. It makes the guilty person responsible for the costs.
Real-life impact
If you file a complaint and win a non-cognizable case, the court can make the accused pay your costs. This includes fees for witnesses and lawyers.
What happens if you break this law?
If you are found guilty of a non-cognizable offense, you may have to pay the complainant's costs. If you don't pay, you could face simple imprisonment.
⚖️ Punishment
Simple imprisonment up to 30 days, if costs are not paid.
💡 Real Life Example
Priya filed a complaint against Amit for a non-cognizable offense. The court found Amit guilty. Amit had to pay Priya's court costs. Rahul filed a case and won. The court ordered the accused to pay for the lawyer. The accused had to pay the costs.
🛡️ KNOW YOUR RIGHTS
- •File a complaint if you are a victim.
- •Keep records of your expenses.
- •Ask the court to order the accused to pay costs.
- •Seek legal advice if needed.
- •Understand the court's order.
❓ FREQUENTLY ASKED QUESTIONS
Section 359 of the CrPC allows a court to order an accused person to pay the costs of a non-cognizable case. This includes expenses like process fees, witness fees, and lawyer fees. The court decides what is reasonable.
If the accused doesn't pay the costs, the court can order them to serve simple imprisonment. The imprisonment period cannot exceed thirty days. This is a way to ensure the costs are paid.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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