Section 400 BNSS: Order to pay costs in non-cognizable cases
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 400 BNSS at a Glance
Section 400 BNSS deals with order to pay costs in non-cognizable cases. It replaced Section 359 CrPC on 1 July 2024.
Section 400 BNSS 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.
Source: Section 400, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 400 BNSS in Simple Words
Section 400 BNSS applies when a complaint of a non-cognizable offence is made to a Court. 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.
When Section 400 BNSS Applies
- 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 Under Section 400 BNSS
- 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”
Example of Section 400 BNSS
When Section 400 BNSS Does Not Apply
- Section 400 BNSS speaks of costs to be paid to the complainant where the Court convicts the accused on a complaint of a non-cognizable offence. It does not deal with compensation to persons groundlessly arrested, which is the subject of Section 399 BNSS.
- Section 400 BNSS speaks of an order to pay the cost incurred by the complainant in the prosecution. It does not deal with an order to pay compensation, which is the subject of Section 395 BNSS.
Section 400 BNSS in the CrPC (Previous Law)
Section 400 BNSS replaced Section 359 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 400 BNSS
When may a Court order the accused to pay costs under Section 400 BNSS?▼
Whenever any complaint of a non-cognizable offence is made to a Court and 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.
What may the costs include under Section 400 BNSS?▼
The costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable. The Court may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days.
Which Courts may make an order under Section 400 BNSS?▼
The Court to which the complaint is made may make the order. Under Section 400(2) BNSS, an order may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
What changed from Section 359 CrPC to Section 400 BNSS from 1 July 2024?▼
Section 400 BNSS has the same heading as Section 359 CrPC and the same text, except as follows. Section 400(1) BNSS reads advocate's fees where Section 359(1) CrPC read pleader's fees.
Section 400 BNSS: Sub-sections Explained
Section 400(1) BNSS: Order to pay costs in non-cognizable cases
▶
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.
Section 400(2) BNSS: Order to pay costs in non-cognizable cases
▶
Bare Act Text
(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.
Have questions about Section 400 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·