Code
381. Any Court dealing with an application made to it for filing a complaint under Section 379 BNSS or an appeal under Section 380 BNSS shall have power to make such order as to costs as may be just.
Explanation of Section 381 BNSS
Section 381 BNSS grants courts the authority to determine and award costs when handling applications for complaints under Section 379 BNSS (theft) and appeals under Section 380 BNSS (theft in a dwelling house). This provision ensures that the parties involved bear reasonable costs depending on the circumstances of the case.
Key Provisions:
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Application for Complaints Under Section 379 BNSS
- If a party files a complaint regarding theft under Section 379 BNSS, the Court has the discretion to impose costs based on the merits of the case.
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Appeals Under Section 380 BNSS
- In cases where an appeal is made regarding Section 380 BNSS (theft in a dwelling house), the Court can determine whether costs should be awarded to either party.
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Court’s Discretion in Awarding Costs
- The Court has full authority to decide what is “just” in terms of awarding or denying costs.
Illustration
Example 1: Costs Awarded Against a False Complaint
A person falsely accuses his neighbor of theft and files a complaint under Section 379 BNSS. After investigation, the Court finds the complaint baseless and orders the complainant to bear the legal costs incurred by the accused.
Example 2: Appeal in a Theft Case
A shopkeeper files an appeal under Section 380 BNSS against an acquittal in a theft case. If the Court finds the appeal frivolous, it may order the appellant to pay costs.
Common Questions and Answers on Section 381 BNSS
1. Why does the Court have the power to award costs under Section 381 BNSS?
This ensures fairness and discourages frivolous complaints and appeals by making parties responsible for unnecessary legal expenses.
2. Can a Magistrate refuse to award costs?
Yes, awarding costs is at the discretion of the Court. If it finds no reason to impose costs, it may choose not to do so.
3. Who is required to pay costs in a false complaint?
If a complaint is found to be false or malicious, the complainant may be ordered to bear the costs.
4. What happens if a justified appeal is made under Section 380 BNSS?
If an appeal is made in good faith and supported by evidence, the Court may decide not to impose any costs.
5. Is there a fixed amount for costs under Section 381 BNSS?
No, the amount of costs is determined by the Court based on the case’s circumstances.
Conclusion
Section 381 BNSS ensures that legal proceedings related to theft complaints and appeals are fair and free from abuse. By giving courts the power to award costs, this provision discourages unnecessary litigation and protects parties from unwarranted legal expenses.
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