Code – Section 350 BNSS
350. Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial, or other proceeding before such Court under this Sanhita.
Explanation of Section 350 BNSS
Purpose of Section 350
This section provides relief to complainants and witnesses by allowing the Court to order reimbursement of their reasonable expenses when attending legal proceedings. The provision ensures that individuals who participate in the justice system are not financially burdened.
Key Provisions
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Discretion of the Court
- The Criminal Court has the discretion to decide whether expenses should be paid.
- The order for payment is not automatic; it depends on the Court’s assessment of fairness.
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State Government Rules Apply
- The payment of expenses is subject to rules framed by the State Government.
- Different states may have different provisions regarding the amount and procedure.
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Scope of Payment
- Includes expenses for complainants and witnesses.
- Covers appearances in inquiries, trials, or other proceedings before the Court.
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Government Bears the Cost
- If the Court orders payment, the expenses are covered by the Government, not the accused or any private party.
Illustrations
Example 1: Witness Compensation for Travel Expenses
A witness travels from another city to testify in a criminal trial. The Court, considering the financial burden, orders the Government to reimburse the witness for travel and lodging expenses.
Example 2: Payment to a Complainant in a Criminal Case
A complainant in a fraud case is required to attend multiple hearings. Since the complainant has incurred significant travel costs, the Court orders reasonable reimbursement from the Government.
Example 3: Denial of Expense Reimbursement
A witness requests reimbursement, but the Court finds that the expenses were neither substantial nor necessary. The request is denied based on judicial discretion.
Common Questions and Answers on Section 350 BNSS
1. Who decides whether expenses will be paid?
The decision rests with the Criminal Court, which assesses whether reimbursement is appropriate.
2. What expenses are covered?
The provision covers reasonable expenses, including travel, accommodation, and other necessary costs incurred for attending the Court.
3. Is payment automatic for all witnesses and complainants?
No, payment is discretionary and depends on the Court’s order.
4. Who bears the cost of the expenses?
The State Government is responsible for covering the cost if the Court orders reimbursement.
5. Are there fixed rules on how much can be reimbursed?
Yes, the State Government establishes rules specifying reimbursement amounts and procedures. These rules vary by state.
Conclusion
Section 350 BNSS ensures that complainants and witnesses do not face financial hardship when participating in criminal trials. By allowing Courts to order Government-funded reimbursements, this provision promotes fairness and accessibility in the justice system.
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