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Bharatiya Nagarik Suraksha Sanhita

Section 381

Power to order costs

Quick Answer Reference: Section 381 BNSS

  • Provision: Section 381 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
  • Jurisdiction: India
  • Summary: This section allows a court to decide on costs when dealing with certain applications or appeals.
Statutory Content

What does Section 381 of BNSS say?

Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just.

Indian StandardSection 381, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 381 (India)
Court Pleading StandardSection 381 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/381

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 381 of BNSS mean?

Plain English Explanation

This section allows a court to decide on costs when dealing with certain applications or appeals.

Practical Interpretation

In practice, this means courts have the discretion to order costs in specific cases, ensuring fairness in legal proceedings.

Core Legal Purpose

The core purpose is to provide courts with the authority to make cost orders, promoting efficient and just legal processes.

Key Legal Elements
  • The court must be dealing with an application under section 379 or an appeal under section 380.
  • The court has the power to make orders as to costs.
  • The order must be just.
  • There are no explicit exceptions mentioned in this section.
Practical Example

Practical Example of Section 381 BNSS

Rajesh files a complaint under section 379. The court, after considering the application, decides to order costs. This means Rajesh may be required to pay costs if the court deems it just, or he might be reimbursed if the court rules in his favor.

Common Questions (FAQ)

Frequently Asked Questions about Section 381 BNSS

Q: What is the punishment or consequence under Section 381 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to any court dealing with specified applications or appeals, without distinction between private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision regarding cost orders.

People Also Ask (PAA)

Common Questions about Section 381 BNSS

What is Section 381 of BNSS?

Section 381 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to order costs". In plain terms: This section allows a court to decide on costs when dealing with certain applications or appeals.

What is the punishment under Section 381 of BNSS?

Section 381 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 381 of BNSS bailable or non-bailable?

Whether Section 381 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 381 of BNSS?

The essential elements of Section 381 of BNSS are: The court must be dealing with an application under section 379 or an appeal under section 380.; The court has the power to make orders as to costs.; The order must be just..

Landmark Case Laws

Landmark Judgments under Section 381 BNSS

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

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