CrPC 359 to BNSS 400: Order to pay costs in non-cognizable cases
Section 359 CrPC (1973) replaced by Section 400 BNSS (2023)
CrPC 359 to BNSS 400 at a Glance
Section 359 CrPC (Order to pay costs in non-cognizable cases) is now Section 400 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 359 to BNSS 400?
Section 400 BNSS has the same heading and the same text as Section 359 CrPC, except that Section 400(1) BNSS reads advocate's fees where Section 359(1) CrPC read pleader's fees.
CrPC 359 vs BNSS 400: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 359 | 400 |
| Heading | Order to pay costs in non-cognizable cases | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 359 and BNSS 400: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 359, CrPC 1973
359. Order to pay costs in non-cognizable cases.—(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.
BNSS 2023 (in force)
Section 400, BNSS 2023
400. Order to pay costs in non-cognizable cases.—(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.
When It Applies: CrPC 359 vs BNSS 400
Under CrPC 359
- If the Court convicts the accused, the Court may, in addition to the penalty imposed upon the accused, order the accused to pay to the complainant, in whole or in part, the cost incurred by the complainant in the prosecution, under Section 359(1) CrPC.
- The Court may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days, under Section 359(1) CrPC.
- The costs may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Court may consider reasonable, under Section 359(1) CrPC.
- An order under Section 359 CrPC may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision, under Section 359(2) CrPC.
Under BNSS 400
- If the Court convicts the accused, the Court may, in addition to the penalty imposed upon the accused, order the accused to pay to the complainant, in whole or in part, the cost incurred by the complainant in the prosecution, under Section 400(1) BNSS.
- The Court may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days, under Section 400(1) BNSS.
- The costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable, under Section 400(1) BNSS.
- An order under Section 400 BNSS may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision, under Section 400(2) BNSS.
Time Limits: CrPC 359 to BNSS 400
Under CrPC 359
- The accused shall suffer simple imprisonment in default of payment for a period not exceeding thirty days.Act text: “the accused shall suffer simple imprisonment for a period not exceeding thirty days”
Under BNSS 400
- The accused shall suffer simple imprisonment in default of payment for a period not exceeding thirty days.Act text: “the accused shall suffer simple imprisonment for a period not exceeding thirty days”
What CrPC 359 to BNSS 400 Means in Practice
Section 359(1) CrPC and Section 359(2) CrPC map to Section 400(1) BNSS and Section 400(2) BNSS. Both provide that the Court may order a convicted accused to pay to the complainant the cost incurred by the complainant in the prosecution of a non-cognizable offence.
FAQs: CrPC 359 to BNSS 400
Where is Section 359 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 359(1) CrPC is found in Section 400(1) BNSS and Section 359(2) CrPC in Section 400(2) BNSS.
Is the text of Section 400 BNSS the same as Section 359 CrPC?▼
Section 400 BNSS has the same heading as Section 359 CrPC. The text is the same, except that Section 400(1) BNSS reads advocate's fees where Section 359(1) CrPC read pleader's fees.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·