Order to pay costs in non-cognizable cases
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Summary
When a Court convicts a person for a non-cognizable offence, it may order the accused to pay the complainant the costs of prosecution, either in whole or in part. If the accused does not pay, the Court may order simple imprisonment for up to thirty days in default. Costs can include process-fees, witness expenses and reasonable advocate's fees. Appellate Court, High Court and Sessions Court may make the same order on appeal or revision.
Example
Priya files a complaint of a non-cognizable offence against Rohan. If the Court convicts Rohan, it may order him to reimburse Priya for process-fees, witness expenses and reasonable advocate's fees. If Rohan does not pay, the Court can order up to thirty days simple imprisonment in default.
Bare Act
Enacted text(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.
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