Section 359 CrPC: Order to pay costs in non-cognizable cases

Code of Criminal Procedure, 1973

Section 359 CrPC at a Glance

Section 359 CrPC deals with order to pay costs in non-cognizable cases. From 1 July 2024 it is replaced by Section 400 BNSS.

Now BNSS

Section 400 →

What Section 359 CrPC Says

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.

Source: Section 359, Code of Criminal Procedure, 1973

Section 359 CrPC in Simple Words

Section 359 CrPC 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 359 CrPC 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 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.

Time Limits Under Section 359 CrPC

  • 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 359 CrPC

A complaint of a non-cognizable offence is made to a Court by Kavita against Rohan. The Court convicts Rohan. In addition to the penalty imposed upon Rohan, the Court may order Rohan to pay to Kavita, in whole or in part, the cost incurred by Kavita in the prosecution, including process-fees, witnesses and pleader's fees which the Court may consider reasonable.

When Section 359 CrPC Does Not Apply

  • Section 359 CrPC 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 358 CrPC.
  • Section 359 CrPC 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 357 CrPC.

Section 359 CrPC Under BNSS 400: What Changed

Section 359 CrPC is now covered under Section 400 BNSS.

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.

View detailed comparison (CrPC 359 vs BNSS 400) →

FAQs on Section 359 CrPC

When may a Court order the accused to pay costs under Section 359 CrPC?▼

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 359 CrPC?▼

The costs may include any expenses incurred in respect of process-fees, witnesses and pleader'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 359 CrPC?▼

The Court to which the complaint is made may make the order. Under Section 359(2) CrPC, 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.

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.

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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: 26 Oct 2026 ·