Order to pay costs in non-cognizable cases
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Summary
On conviction for a non-cognizable offence, a court may order the accused to pay the complainant the prosecution costs, in whole or in part. Costs can include process-fees, witness expenses and pleader's fees the court considers reasonable. If the accused defaults, the court may order simple imprisonment for up to thirty days. Appellate and revisional courts can also make such orders.
Example
Priya files a complaint after Ravi damages her shop shutter in a minor incident classified as non-cognizable. The court convicts Ravi and orders him to pay Priya the prosecution costs, including process-fees, witness expenses and pleader's fees. When Ravi fails to pay, the court can sentence him to simple imprisonment for up to thirty days.
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 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.
(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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