Introduction to Section 400 BNSS
Section 400 BNSS introduces an important legal provision to help complainants in non-cognizable cases recover their legal costs. It allows the court to order the convicted accused to pay the reasonable prosecution expenses of the complainant. This ensures fairness, especially when the complainant has suffered financially to seek justice. It is a citizen-centric provision that promotes responsible legal action.
What is BNSS Section 400 ?
BNSS Section 400 deals specifically with cost recovery in non-cognizable criminal cases. When a court convicts the accused, it can order them to pay either full or part of the prosecution costs. If the accused fails to pay, the court can direct simple imprisonment for up to one month. The section also applies to orders passed by higher courts such as Appellate Courts and High Courts. It covers reasonable costs like process fees, lawyer fees, and witness charges.
BNSS Section of 400 in Simple Points
1. Purpose of BNSS 400
BNSS Section 400 is designed to protect the rights of complainants in non-cognizable criminal cases. When a person files a genuine complaint and the accused is found guilty, the complainant often ends up spending a lot of money on legal procedures. This section allows the court to compensate the complainant by recovering legal costs from the convicted person. It encourages people to report such crimes without fear of financial loss. The court may award reasonable costs based on actual expenses. This ensures access to justice is affordable. It builds trust in the justice system.
2. Who Can Be Ordered to Pay?
Under BNSS 400, if the accused is convicted in a non-cognizable case, the court can direct him to reimburse costs to the complainant. The provision only applies after a successful conviction. This order is based on the principle that the wrongdoer should not only be punished but also be made to bear the burden of the legal process caused by his own actions. The order serves as both a penalty and a relief. It applies to all non-cognizable offences that come to court through a complaint.
3. What Costs Are Included?
The court may include process fees, witness expenses, and advocate’s fees as part of the recoverable costs. Only reasonable and actual expenses will be considered—meaning costs must be fair and proven. The law avoids unfair or exaggerated claims. The aim is to compensate genuine efforts and not to enrich the complainant. This structured approach helps maintain the integrity and balance of the compensation process. It also ensures no side is unfairly affected financially.
4. Penalty for Non-Payment
If the convicted person fails to pay the cost ordered by the court, he can be jailed for up to 30 days in simple imprisonment. This clause gives teeth to the order, making it enforceable. The law ensures that cost orders are not ignored or taken lightly. However, this penalty is non-compoundable, which means it is not automatically waived. The person may be released earlier if he pays the amount. This provision acts as a strong motivation to follow court directions seriously.
5. Use by Appellate or Higher Courts
Even Appellate Courts, High Courts, and Revisional Courts can pass orders under BNSS 2400. This ensures the benefit is available not only at the trial stage but also during appeals or revisions. Suppose a complainant fights for years and finally gets justice in appeal—the court can still direct the convicted person to repay legal costs. This gives the law continuity and power at all levels. It also supports long-term complainants who pursue justice with patience and effort.
400 BNSS Overview
BNSS 400 empowers the court to order the recovery of prosecution costs from the convicted person in a non-cognizable offence. These costs may include advocate fees, witness costs, and court process charges. In case the payment is not made, the court may impose simple imprisonment up to 30 days. Even Appellate or Revisional Courts can pass such orders. It strengthens the rights of the complainant and discourages legal misuse by the guilty.
BNSS Section 400 – Explained in 10 Detailed Key Points
1. Purpose of BNSS Section 400
BNSS Section 400 is made to protect complainants in non-cognizable cases by helping them recover their prosecution costs. When a person files a case about a non-cognizable offence and the accused is found guilty, the court may order the guilty person to pay costs to the complainant. These costs can include expenses for hiring a lawyer, paying witnesses, or process fees. This ensures that the complainant is not left financially burdened for pursuing justice. It promotes fairness in the justice system. The law also discourages unnecessary delay and misuse by the guilty side.
2. Court’s Discretion in Cost Award
The court is not bound to order costs in every case, but it has the discretion to decide whether or not to do so. This ensures that the order is fair and based on the specific facts of each case. If the accused is convicted and the judge feels that the complainant genuinely suffered financial loss during prosecution, only then will the order for cost payment be issued. This provision adds flexibility and balance to the criminal justice process. It prevents automatic or harsh cost orders and encourages genuine complaints.
3. Cost Coverage Details
Under Section 400, the costs awarded to the complainant may include reasonable process-fees, witness expenses, and advocate’s fees. The court will review what amount is fair and directly linked to the prosecution. This helps the complainant recover part or full legal costs. It is especially helpful for those who file genuine complaints but struggle financially to fight the case. This clause ensures that justice is not limited to the rich but also supports the common man seeking justice in non-cognizable offences.
4. Penalty for Default in Payment
If the convicted person does not pay the costs as ordered by the court, simple imprisonment of up to 30 days may be imposed. This makes the order legally enforceable, not just a suggestion. It also serves as a warning to those who think they can ignore the court’s financial directions. This clause adds seriousness and responsibility to the process. It ensures that compensation orders are respected and executed, helping build public confidence in the justice system.
5. Application to Non-Cognizable Offences
This section applies only to non-cognizable offences, where the police cannot arrest the accused without the permission of a Magistrate. These cases usually involve less serious crimes like defamation, cheating (in some forms), or public nuisance. Even though these are considered less serious than cognizable crimes, the complainant still suffers expenses during trial. BNSS Section 400 helps balance the process by allowing them to recover justified legal costs if they win the case.
6. Role of Appellate and Revisional Courts
Not only trial courts, but even Appellate Courts, High Courts, or Courts of Session can pass an order under Section 400. This means if the case is taken to appeal or revision, the higher court can still order the accused to pay the complainant’s legal costs. This keeps the provision active at all stages of the legal process, ensuring justice is delivered even during reviews or appeals. It helps the complainant not lose money if the case continues for years in higher courts.
7. Encouraging Honest Legal Action
By allowing the recovery of legal expenses, BNSS Section 400 encourages genuine complainants to come forward and fight for their rights. Many people hesitate to file non-cognizable cases because of the high legal costs. But knowing that these costs may be reimbursed if they win helps them gather the courage to proceed. It also discourages false or fake counter-cases by guilty persons, who know they might have to pay legal costs if convicted.
8. Preventing Misuse of Legal System
This section plays a role in maintaining accountability. It ensures that a person who is convicted not only faces punishment but also takes financial responsibility for the burden caused to the complainant. Without such a provision, guilty people could escape with just a small fine, while the complainant bears all the costs. It adds a layer of deterrence and reminds the convicted person of the real impact of their actions, both legal and financial.
9. Reasonable Cost Determination by Court
Only those expenses which are reasonable and relevant will be allowed under this section. The court carefully examines what expenses the complainant actually incurred and were essential for the trial. The law avoids giving power for unfair or excessive compensation claims. This ensures that the provision is used fairly and does not encourage people to file complaints just to earn money. It keeps the integrity of justice intact.
10. Social Importance of Section 400
BNSS Section 400 is a pro-complainant provision aimed at promoting access to justice. In a country like India where many people hesitate to approach the courts due to high costs, this section provides financial relief and moral support. It aligns with the idea of a welfare state where the justice system should support the innocent and the victimized. Overall, this section helps make the system more just, fair, and accessible for all.
Example 1:
A person files a complaint of criminal defamation (a non-cognizable offence). After trial, the accused is convicted. The court sees that the complainant spent ₹5,000 on lawyer fees and ₹2,000 on witness travel. The judge orders the accused to pay ₹7,000. Failure to pay may result in 30 days of simple imprisonment.
Example 2:
In a case of public nuisance, the complainant spends ₹3,000 on court processes and ₹2,000 on witnesses. The accused is convicted. The Appellate Court, while hearing the case in revision, also orders him to pay the full ₹5,000 to the complainant as per BNSS 400.
BNSS Section 400 Short Information
| Key Point | Description |
|---|---|
| Cost Recovery from Convict | If a person is found guilty in a non-cognizable offence, the court can make them pay the complainant’s case expenses. |
| Covers Legal & Witness Costs | The costs may include lawyer fees, witness travel, and court process charges. |
| Jail for Not Paying | If the convict does not pay the ordered amount, the court may give simple jail up to 30 days. |
| Applies Only to Non-Cognizable Cases | This section is used only when the offence is non-cognizable, like defamation or nuisance cases. |
| Higher Courts Can Also Order Costs | Appellate and Revisional Courts can also order the guilty person to pay prosecution costs. |
Why Is BNSS 400 Needed ?
BNSS Section 400 is needed to support complainants financially in non-cognizable offence cases. In such cases, the burden of fighting a legal case—including advocate charges, summoning witnesses, and court processing fees—falls on the person filing the complaint. Without such a law, many innocent people avoid reporting or fighting such cases because of the costs involved. BNSS 400 brings relief and confidence by ensuring that the complainant can be compensated if the accused is convicted. It also discourages false defence tactics by the accused to delay justice and increase complainant expenses. The section ultimately aims to make justice more accessible and fair for all citizens, especially the financially weaker sections.
BNSS Section 400 FAQs
BNSS 400
Conclusion
BNSS Section 400 helps protect genuine complainants by allowing them to recover the money they spent during the case if the accused is convicted. It makes the guilty person financially responsible, discourages misuse of the legal system, and supports fair access to justice. If the convict refuses to pay, the law ensures strict action, including simple imprisonment. In simple words — BNSS 400 makes sure the complainant doesn’t suffer financially when the accused is proven guilty.
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