BNSS Section 381
Code: 381
Explanation: This section empowers any court handling a complaint filed under Section 379 (relating to theft) or an appeal under Section 380 (relating to appeals against orders made under Section 379) to determine the costs associated with the proceedings.
Illustration: Suppose a person files a complaint alleging theft under Section 379. After hearing both sides, the court finds the complaint to be frivolous and dismisses it. In this case, the court can exercise its power under Section 381 and order the complainant to pay the costs incurred by the accused party in defending the case. This includes legal fees, witness expenses, and other related costs.
Common Questions and Answers:
- Q: Who has the power to decide on costs under Section 381?
A: Any court dealing with a complaint under Section 379 or an appeal under Section 380 has the power to decide on costs. - Q: What factors does the court consider while determining costs?
A: The court will consider factors such as the conduct of the parties, the complexity of the case, and the need for fairness in deciding the costs. - Q: Can the court order the accused to pay costs to the complainant?
A: Yes, the court can order the accused to pay costs to the complainant if it finds the accused’s actions frivolous or if the complainant has incurred significant costs in pursuing the case.
