Section 350 – Expenses of Complainants and Witnesses

Introduction

Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the payment of expenses incurred by complainants and witnesses in criminal proceedings.

The provision enables the Court to direct the Government to pay reasonable expenses incurred by a complainant or a witness for attending the Court or for participating in the proceedings.

The purpose is to ensure that a person is not unfairly burdened financially merely because they are required to participate in the administration of criminal justice.

Section 350 substantially corresponds to Section 312 of the Code of Criminal Procedure, 1973.

Meaning of Section 350

A complainant or witness may have to incur expenses when attending a criminal proceeding. These may include reasonable expenses connected with:

• travelling to the Court;
• attending the proceeding; and
• other necessary expenses associated with participation in the case.

Section 350 allows the Court to make appropriate arrangements for payment of such expenses in accordance with the rules prescribed by the State Government.

Power of the Court

The Court may direct the Government to pay the reasonable expenses of:

• a complainant; or
• a witness

who attends the Court for the purposes of an inquiry, trial or other proceeding under the BNSS.

The payment is subject to the rules made by the State Government regarding the payment of expenses to complainants and witnesses.

Purpose of the Provision

The provision recognises that complainants and witnesses play an important role in criminal proceedings.

A witness may be required to travel from another place, remain present before the Court and spend time in connection with the case.

Similarly, a complainant may have to attend repeated proceedings.

Section 350 seeks to reduce the financial burden associated with such participation.

Expenses Covered

The exact amount and nature of expenses are governed by the applicable rules of the State Government.

Generally, expenses may relate to matters such as:

• reasonable travelling expenses;
• necessary attendance expenses; and
• other expenses recognised under the applicable rules.

The section does not create an unrestricted right to claim any amount spent by a complainant or witness. The payment is subject to the applicable governmental rules.

Procedure Under Section 350

The provision can be understood in the following manner:

1. A complainant or witness is required to attend a criminal proceeding.
2. The person incurs reasonable expenses in connection with such attendance.
3. The Court considers the entitlement to expenses under the applicable rules.
4. The Court may direct the Government to make payment.
5. The amount is paid in accordance with the rules prescribed by the State Government.

Importance of the Provision

Section 350 is important because witnesses and complainants are essential to the functioning of the criminal justice system.

If individuals were required to bear all expenses personally whenever they were summoned or required to attend Court, it could create practical difficulties and discourage participation.

The provision therefore seeks to ensure that legitimate financial expenses do not become an unreasonable burden.

Example

Suppose a witness living in another district is summoned to appear before a criminal Court.

The witness has to travel to the Court and incur reasonable travelling and other permitted expenses.

The Court may direct payment of the witness’s expenses in accordance with the rules prescribed by the State Government.

Similarly, where a complainant is required to attend the proceedings and incurs expenses recognised under the applicable rules, those expenses may be dealt with under Section 350.

Role of State Government Rules

Section 350 operates subject to rules made by the State Government.

These rules determine matters such as:

• the nature of expenses that may be paid;
• the amount payable;
• the procedure for claiming expenses; and
• the manner in which payment is to be made.

Therefore, the actual entitlement and amount cannot be determined solely by reading Section 350 without considering the applicable rules.

Object and Purpose

The main objectives of Section 350 are:

• to compensate complainants and witnesses for reasonable expenses;
• to reduce the financial burden of attending criminal proceedings;
• to facilitate the attendance of witnesses before the Court;
• to support effective participation in criminal proceedings; and
• to ensure that financial hardship does not unnecessarily obstruct the administration of criminal justice.

Important Features

Complainants and Witnesses

The provision applies to both complainants and witnesses.

Reasonable Expenses

The expenses must fall within the scope of the applicable rules and be considered reasonable.

Government Payment

The provision permits the Court to direct the Government to make the payment.

State Rules

The payment is governed by rules prescribed by the State Government.

Criminal Proceedings

The provision applies in connection with inquiries, trials and other proceedings under the BNSS.

Difference Between Expenses and Compensation

The expenses contemplated under Section 350 should be distinguished from compensation awarded to a victim or complainant.

Expenses are amounts intended to meet the reasonable costs associated with attending or participating in proceedings.

Compensation is a separate legal remedy that may be awarded under provisions dealing specifically with compensation.

Therefore, payment of expenses under Section 350 does not by itself amount to compensation for the harm caused by the offence.

BNSS and CrPC

Section 350 BNSS substantially corresponds to Section 312 of the Code of Criminal Procedure, 1973.

The basic principle has been retained: the Court may make provision for the payment of reasonable expenses of complainants and witnesses in accordance with the rules made by the Government.

Relationship with Witness Participation

Section 350 complements the provisions of the BNSS relating to the attendance and examination of witnesses.

A criminal trial often depends upon witnesses appearing before the Court and giving evidence. Providing for their reasonable expenses helps ensure that the procedural requirement of attendance does not impose an unfair financial burden.

Topic at a Glance

• Section: 350, BNSS, 2023
• Subject: Expenses of complainants and witnesses
• Persons covered: Complainants and witnesses
• Purpose: Payment of reasonable expenses connected with attendance
• Authority: Court
• Payment: Government
• Basis: Rules prescribed by the State Government
• Nature: Procedural provision
• Corresponding CrPC provision: Section 312, CrPC

Quick Revision

• Section 350 BNSS deals with the expenses of complainants and witnesses.
• The Court may make provision for payment of reasonable expenses.
• The provision applies to persons attending an inquiry, trial or other proceeding.
• Payment is made in accordance with rules prescribed by the State Government.
• The provision is intended to prevent financial hardship from discouraging attendance and participation.
• The exact amount and nature of expenses depend upon the applicable governmental rules.
• Expenses under Section 350 are different from compensation awarded to victims.
• Section 350 substantially corresponds to Section 312 of the CrPC.

ALSO READ: Section 349 – Power of Magistrate to order person to give specimen signatures or handwriting, etc.

Conclusion

Section 350 BNSS recognises the practical financial difficulties faced by complainants and witnesses who are required to participate in criminal proceedings. By providing for the payment of reasonable expenses in accordance with State Government rules, the provision supports the attendance of witnesses and complainants and contributes to the effective administration of criminal justice.