Section 312 CrPC: Expenses of complainants and witnesses

Code of Criminal Procedure, 1973

Section 312 CrPC at a Glance

Section 312 CrPC deals with expenses of complainants and witnesses. From 1 July 2024 it is replaced by Section 350 BNSS.

Now BNSS

Section 350 →

What Section 312 CrPC Says

312. 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 Code.

Source: Section 312, Code of Criminal Procedure, 1973

Section 312 CrPC in Simple Words

Section 312 of the Code of Criminal Procedure, 1973 provides that, 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 the Code.

When Section 312 CrPC Applies

  • Section 312 CrPC is 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.
  • The complainant or witness is one attending for the purposes of any inquiry, trial or other proceeding before such Court under the Code.

Example of Section 312 CrPC

Geeta is a complainant attending a trial before a Criminal Court under the Code. Subject to any rules made by the State Government, the Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of Geeta.

When Section 312 CrPC Does Not Apply

  • Section 312 CrPC speaks of the reasonable expenses of a complainant or witness attending a proceeding. It does not deal with compensation for accusation without reasonable cause, the subject of Section 250 CrPC.
  • Section 312 CrPC speaks of payment of expenses to a complainant or witness. It does not deal with the power to summon a material witness, or examine a person present, the subject of Section 311 CrPC.

Section 312 CrPC Under BNSS 350: What Changed

Section 312 CrPC is now covered under Section 350 BNSS.

Section 350 BNSS has the same heading as Section 312 CrPC, Expenses of complainants and witnesses. The text is the same, except that Section 350 BNSS refers to a proceeding under the Sanhita where Section 312 CrPC referred to a proceeding under the Code.

View detailed comparison (CrPC 312 vs BNSS 350) →

FAQs on Section 312 CrPC

Who may order payment of expenses under Section 312 CrPC?▼

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 the Code.

Which expenses may be paid under Section 312 CrPC?▼

The reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court. Payment is ordered on the part of the Government.

How do rules made by the State Government relate to Section 312 CrPC?▼

Section 312 CrPC begins with the words subject to any rules made by the State Government. The text of the section does not set out those rules.

Where is Section 312 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 312 CrPC has no sub-sections, and maps as a whole to Section 350 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·