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Code of Criminal Procedure, 1973

Section 359

Order to pay costs in non-cognizable cases

Quick Answer Reference: Section 359 CrPC

  • Provision: Section 359 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 359 of CrPC say?

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 pan, 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. 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 359, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 359 (India)
Court Pleading StandardSection 359 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/359

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 359 CrPC

What is Section 359 of CrPC?

Section 359 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Order to pay costs in non-cognizable cases". The section states: 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 ...

What is the punishment under Section 359 of CrPC?

Section 359 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 359 of CrPC bailable or non-bailable?

Whether Section 359 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 359 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)