Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 350: Expenses of Complainants and Witnesses
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.
Brief Detail
Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses the expenses of complainants and witnesses in criminal proceedings. Key points include:
- Criminal Courts have the discretion to order the payment of reasonable expenses.
- This payment is to be made by the Government.
- It applies to any complainant or witness attending inquiries, trials, or other proceedings under the Sanhita.
- The provision is subject to any rules established by the State Government.
Question & Answers
What does Section 350 allow Criminal Courts to do?
It allows Criminal Courts to order the payment of reasonable expenses for complainants and witnesses.
Who is responsible for paying these expenses?
The payment is made by the Government.
To whom does this provision apply?
It applies to any complainant or witness attending inquiries, trials, or other proceedings.
Are there any conditions for this payment?
Yes, the provision is subject to any rules made by the State Government.
Can a court choose not to order payment of expenses?
Yes, the court has the discretion to decide if it thinks fit to order such payments.
Example
- Scenario: A witness travels to attend a trial related to a serious offense.
- Outcome: The court may order the Government to reimburse the travel expenses of the witness if deemed reasonable.
- Scenario: A complainant needs to attend multiple hearings related to their case.
- Outcome: The court can order payment for the reasonable expenses incurred by the complainant for attending these hearings.
Summary
Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that complainants and witnesses are not burdened by the costs of attending criminal proceedings. It empowers Criminal Courts to order the Government to cover reasonable expenses, subject to State Government rules, thereby facilitating participation in the judicial process.
