Bharatiya Nagarik Suraksha Sanhita

Section 400

Order to pay costs in non-cognizable cases

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⚡ Quick Answer Reference: Section 400 BNSS

Provision: Section 400 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: THE JUDGMENT
Jurisdiction: India
Summary: If someone is found guilty of a non-cognizable offence, the court can order them to pay some or all of the costs incurred by the person who made the complaint. This can include expenses like process fees, witness fees, and lawyer fees. If the guilty person doesn't pay, they might have to go to jail for up to 30 days.

Statutory Content

What does Section 400 of BNSS say?

(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.

Indian StandardSection 400, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 400 (India)

Court Pleading StandardSection 400 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 400 of BNSS mean?

Plain English Explanation

If someone is found guilty of a non-cognizable offence, the court can order them to pay some or all of the costs incurred by the person who made the complaint. This can include expenses like process fees, witness fees, and lawyer fees. If the guilty person doesn't pay, they might have to go to jail for up to 30 days.

Practical Interpretation

In practice, this section means that the court has the power to make the guilty person pay for the costs of the case, which can be a significant burden. This is meant to deter people from making false complaints and to ensure that the complainant is not left with a large bill.

Core Legal Purpose

The core purpose of this section is to provide a mechanism for the court to hold the guilty person accountable for the costs of the case, while also protecting the complainant from financial burden.

Key Legal Elements

•The complaint must be for a non-cognizable offence.
•The court must convict the accused.
•The court must consider the costs incurred by the complainant to be reasonable.
•The accused must be given the opportunity to pay the costs before being imprisoned.

Practical Example

Practical Example of Section 400 BNSS

Rajesh files a complaint against Amit for a non-cognizable offence. After a trial, the court convicts Amit and orders him to pay the costs incurred by Rajesh, including process fees, witness fees, and lawyer fees. Amit fails to pay the costs, and the court sentences him to 30 days of simple imprisonment.

Common Questions (FAQ)

Frequently Asked Questions about Section 400 BNSS

Q: What is the punishment or consequence under Section 400 of BNSS?

The court can order the guilty person to pay the costs incurred by the complainant, and in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days.

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

This section applies to private individuals who are accused of a non-cognizable offence.

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

This section deals with non-cognizable offences, which means that the police do not have the power to arrest the accused without a warrant.

Common Questions about Section 400 BNSS

What is Section 400 of BNSS?

Section 400 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order to pay costs in non-cognizable cases". In plain terms: If someone is found guilty of a non-cognizable offence, the court can order them to pay some or all of the costs incurred by the person who made the complaint. This can include expenses like process fees, witness fees, and lawyer fees. If the guilty person doesn't pay, they might have to go to jail for up to 30 days.

What is the punishment under Section 400 of BNSS?

Section 400 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 400 of BNSS bailable or non-bailable?

Whether Section 400 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 400 of BNSS?

The essential elements of Section 400 of BNSS are: The complaint must be for a non-cognizable offence.; The court must convict the accused.; The court must consider the costs incurred by the complainant to be reasonable..

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