Code:
(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 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.
Explanation:
This section empowers a Magistrate to order a complainant to pay costs to the accused in a non-cognizable case, if the Magistrate finds the case to be frivolous or vexatious. A non-cognizable case is an offense that the police cannot arrest a person for without a warrant.
The Magistrate can order the payment of costs to compensate the accused for the expenses incurred by them in defending the case.
Illustration:
Imagine a scenario where someone files a complaint against their neighbor alleging theft, which is a non-cognizable offense. If the Magistrate finds the complaint to be baseless and without merit, they can order the complainant to pay costs to the accused for the legal expenses they incurred.
Common Questions and Answers:
Q: What is considered frivolous or vexatious?
A: A case is considered frivolous or vexatious if it lacks any reasonable basis and is intended to harass or annoy the accused.
Q: Who decides whether a case is frivolous or vexatious?
A: The Magistrate hearing the case has the discretion to determine if the case is frivolous or vexatious.
Q: What are the factors considered by the Magistrate?
A: The Magistrate considers factors such as the evidence presented, the conduct of the complainant, and the nature of the allegations.
Q: Can the Magistrate order costs even if the accused is acquitted?
A: Yes, the Magistrate can still order costs even if the accused is acquitted, if they find the case was frivolous or vexatious.
Q: How much can the Magistrate order as costs?
A: The amount of costs ordered is at the discretion of the Magistrate and is determined based on the expenses incurred by the accused.
