Order to pay costs in non-cognizable cases.
What this section does
In non-cognizable offence cases tried on complaint, if the accused is convicted, the Court may order the accused to pay the complainant's prosecution costs in whole or in part, including process fees, witness expenses and reasonable advocate's fees, in addition to the penalty imposed. Default of payment may result in simple imprisonment for up to thirty days, and such orders may also be made by Appellate Courts or the High Court or Court of Session in revision.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Appellate Court · High Court · Court of Session · Accused · Complainant
- Time limit
- Default imprisonment not exceeding 30 days if costs not paid
Derived from CrPC s.359.
Read the official text
For the binding statutory text of BNSS Section 400, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 400 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.