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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXIX: The Judgment

Section 400 BNSS: Order to pay costs in non-cognizable cases

Corresponding CrPC
Section 359 CrPC

Bare Act 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 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 advocate’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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

When a complaint of a non-cognizable offence is made to a Court and the Court convicts the accused, it may in addition to the penalty order him to pay the complainant the costs of the prosecution, in whole or in part. It may further order simple imprisonment in default of payment, subject to the limit stated in the section.

Chapter XXIX: The Judgment

  1. 392 Judgment
  2. 393 Language and contents of judgment
  3. 394 Order for notifying address of previously convicted offender
  4. 395 Order to pay compensation
  5. 396 Victim compensation scheme
  6. 397 Treatment of victims
  7. 398 Witness protection scheme
  8. 399 Compensation to persons groundlessly arrested
  9. 400 Order to pay costs in non-cognizable cases
  10. 401 Order to release on probation of good conduct or after admonition
  11. 402 Special reasons to be recorded in certain cases
  12. 403 Court not to alter judgment
  13. 404 Copy of judgment to be given to accused and other persons
  14. 405 Judgment when to be translated
  15. 406 Court of Session to send copy of finding and sentence to District Magistrate