Introduction to Section 350 BNSS
Section 350 BNSS is a citizen-friendly provision under the Bharatiya Nagarik Suraksha Sanhita, 2023. It deals with the payment of reasonable expenses to complainants and witnesses who appear before the court. This ensures that individuals who support the justice process are not burdened financially. It shows the law’s commitment to fairness, accessibility, and equal justice.
What is BNSS Section 350 ?
BNSS Section 350 states that if a complainant or witness attends a court inquiry, trial, or other proceeding, the Criminal Court may order the Government to bear their reasonable expenses. This is applicable only when the court finds it fit and as per the rules made by the respective State Government. It helps promote participation and reduce hardship for those involved in justice delivery.
BNSS Section of 350 in Simple Points
1. Legal Authority to Pay Expenses
BNSS Section 350 gives criminal courts the power to compensate witnesses and complainants for reasonable costs they bear while attending court. These costs may include travel fare, food, and lodging. The court uses its discretion to decide if payment is needed. The money is paid by the State Government. This encourages people to support legal proceedings without financial stress. The rule promotes justice by valuing public involvement. It is especially helpful for poor or far-traveling individuals.
2. Subject to State Government Rules
The power under BNSS 350 is not unlimited. It must follow rules made by the respective State Government. These rules decide the limits, amount, and process of payment. Each state can frame its own guidelines under this section. The court cannot act beyond those rules. This ensures uniformity and proper use of public funds. It helps balance justice with financial discipline.
3. Purpose is Public Welfare
The main goal of BNSS 350 is to support public participation in the justice system. Many people avoid courts because they lose wages or spend on travel. This law encourages them to appear in court without fear of expenses. It removes economic obstacles for honest witnesses and victims. This leads to better investigation and trials. Thus, it strengthens justice for all.
4. Court’s Discretion Matters
The application of BNSS Section 350 depends entirely on the court’s judgment. It may or may not allow expenses based on facts of the case. The judge considers the financial background of the person, distance traveled, and other hardships. The decision is fair and case-specific. This ensures that genuine people are helped. The court must act justly and reasonably under this section.
5. Covers All Criminal Proceedings
This section applies to all types of criminal proceedings, including inquiry, trial, or any other legal stage. Whether the person is a complainant or a witness, they can get help. However, the court must be convinced that expenses are necessary. This wide coverage makes BNSS 350 a powerful support tool. It keeps justice affordable and inclusive. It respects the efforts of ordinary people helping the legal system.
350 BNSS Overview
BNSS 350 allows criminal courts, under the rules of the State Government, to reimburse the reasonable expenses of any complainant or witness attending court proceedings. These expenses may include travel, food, accommodation, or wage loss. The court has full discretion, and the aim is to remove financial barriers that might discourage public participation in legal cases.
BNSS Section 350: Explained with 10 Key Points
1. Empowering Courts to Support Witnesses
BNSS Section 350 empowers criminal courts to direct payment of reasonable expenses to complainants and witnesses. This is a key recognition of the inconvenience and costs they may face for attending court proceedings. The court may order such payment on behalf of the State Government, ensuring no undue financial pressure is placed on citizens who help in the delivery of justice.
2. Subject to State Government Rules
This section clearly mentions that the court’s power is subject to the rules framed by the State Government. These rules may include the type of expenses, the maximum limit, and the process for claiming the same. It ensures that the system remains transparent and standardized across cases while allowing flexibility as per local governance.
3. Applicable at All Stages of Proceedings
The provision applies to any inquiry, trial, or other proceedings under the Sanhita. This broad coverage ensures that at every stage—whether it is during investigation, pre-trial hearing, or final trial—the attending complainants and witnesses are eligible for reimbursement. It shows that justice isn’t only about the accused or the court but about everyone involved.
4. Promoting Willingness to Participate
Many people hesitate to appear in court because of travel costs, food, stay, or loss of daily wages. BNSS 350 helps address this issue by making their expenses eligible for payment. This encourages ordinary citizens to come forward without hesitation. The justice system can function more smoothly when people know they won’t suffer financially for doing the right thing.
5. Role of Judicial Discretion
The court is not bound to order such payments in every case. The section uses the phrase “if it thinks fit,” giving judges the discretion to assess each situation. This ensures that the power is not misused and is only applied when genuinely required. Courts evaluate the background, financial hardship, and necessity of presence before granting such aid.
6. Coverage of “Reasonable Expenses”
The section mentions only “reasonable expenses,” which means the reimbursement isn’t unlimited. This includes necessary travel costs, food, accommodation if needed, or wage compensation. It balances support with accountability. Courts must ensure that claims are fair and genuine and within the scope defined by the State Government.
7. Supporting Victim-Centric Justice
Victims often feel sidelined in criminal trials, especially when they can’t afford multiple visits to court. BNSS 350 ensures that victims and complainants are given support, thereby bringing a victim-centric focus to justice. Financial aid, though basic, goes a long way in empowering them to stay involved in the process until justice is served.
8. Bridging the Urban-Rural Gap
In India, a large number of witnesses come from rural or economically backward areas. BNSS Section 350 helps bridge the urban-rural gap in justice delivery. A poor farmer, a daily-wage worker, or a marginalized individual will now not hesitate to appear before the court because of travel or stay costs. This strengthens inclusivity in justice.
9. Enhancing Fairness in the Legal Process
The provision strengthens procedural fairness by treating all parties—victims, complainants, and witnesses—with dignity. It acknowledges that participation in court proceedings should not lead to undue hardship. When people feel protected and respected by the law, their confidence in the judicial system increases, and so does justice delivery.
10. Encouraging Ethical Public Participation
BNSS 350 promotes a sense of ethical duty among citizens by making sure they don’t suffer when they cooperate with law enforcement or courts. Witnesses play a crucial role in convicting the guilty and acquitting the innocent. This legal provision helps preserve their role and encourages public cooperation, which is the backbone of any functioning judiciary.
Example 1:
Ravi, a daily wage worker, was called as a witness in a theft case. Due to court attendance, he lost a day’s income and incurred travel costs. The court, under BNSS 350, ordered the State Government to cover his expenses so that his legal duty would not cause him hardship.
Example 2:
A woman complainant from a remote village had to attend multiple hearings in a fraud case. She had to spend money on travel and stay. Recognizing her situation, the court used its power under BNSS Section 350 to compensate her from government funds.
BNSS Section 350 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 350 |
| Main Rule | Courts may order payment of reasonable expenses to witnesses and complainants attending proceedings. |
| Who Pays | Expenses are paid by the State Government as per notified rules. |
| Court’s Discretion | The judge decides if the payment is necessary based on hardship, travel, or financial condition. |
| Coverage | Applies to all stages of criminal inquiry, trial, or related proceedings. |
| Purpose | Encourages witnesses and complainants to participate without financial burden. |
Why is BNSS 350 Needed?
BNSS Section 350 is necessary because many ordinary people avoid going to court due to high travel costs, food, accommodation, and daily wage loss. Without support, they might not testify, which weakens the case. This section ensures that no person is financially punished for helping the justice system. It promotes fairness by giving the poor and working class an equal chance to be heard. It also motivates truthful witnesses to come forward, helping the court deliver justice. This rule balances financial equality and judicial cooperation.
BNSS Section 350 FAQs
BNSS 350
Conclusion
BNSS Section 350 helps witnesses and complainants by reimbursing their reasonable expenses such as travel, food, or lodging. The court uses its judgment to decide who needs support, and the State Government pays the amount as per its rules. This ensures that no one avoids court due to financial difficulty, strengthening fair and inclusive justice.
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