Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 400

Order to pay costs in non-cognizable cases

In one line

BNSS Section 400 deals with order to pay costs in non-cognizable cases and replaces CrPC 359.

Bare act text — BNSS 400

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.

What changed from the CrPC

  • CrPC 359 → BNSS 400: "pleader" is replaced by "advocate".

Frequently asked

What was BNSS Section 400 in the CrPC?

BNSS Section 400 (Order to pay costs in non-cognizable cases) replaces Section 359 of the Code of Criminal Procedure, 1973. CrPC 359 is now BNSS 400.

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