CrPC Section 359: Order to Pay Costs in Non-Cognizable Cases

1. State the Code:

Section 359 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to order payment of costs in non-cognizable cases.

2. 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.

3. 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.

4. 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.