Section 381 BNSS 2023 - Power to Order Costs
Section 381 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a Court power to make a just order regarding costs when it is dealing with an application for filing a complaint under Section 379 or an appeal under Section 380.
Text of Section 381 BNSS
381. Power to order costs. Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just.
Meaning of Section 381
Section 381 is a procedural provision. It does not create a separate criminal offence or prescribe a punishment. Instead, it authorises the Court to decide whether costs should be awarded in proceedings connected with a complaint under Section 379 BNSS or an appeal under Section 380 BNSS.
The expression "such order as to costs as may be just" indicates that the Court has discretion. The question of costs is therefore not automatic; the Court may consider the circumstances of the proceeding and make an order that it considers fair and appropriate.
How Sections 379, 380 and 381 Work Together
| Section 379 BNSS | Deals with the procedure where a Court considers it expedient in the interests of justice to make a complaint in relation to specified offences affecting the administration of justice. |
|---|---|
| Section 380 BNSS | Provides an appeal in specified circumstances against refusal to make a complaint or against the making of such a complaint under Section 379. |
| Section 381 BNSS | Allows the Court dealing with the Section 379 application or Section 380 appeal to make a just order regarding costs. |
When Can the Court Order Costs?
The power under Section 381 arises when the Court is dealing with either of the following:
1. An application seeking the filing of a complaint under Section 379 BNSS; or
2. An appeal under Section 380 BNSS relating to the making or refusal of such a complaint.
The section leaves the amount, direction and terms of any cost order to judicial discretion, subject to the requirement that the order must be just.
Nature and Purpose of the Provision
The provision enables the Court to deal with the financial consequences of proceedings concerning complaints for offences affecting the administration of justice. A costs order may be relevant where the Court considers it fair to compensate a party for expenses or to discourage unnecessary or unjustified proceedings, depending on the facts and the applicable judicial principles.
Corresponding Provision Under the Code of Criminal Procedure, 1973
Section 381 BNSS substantially corresponds to Section 342 of the Code of Criminal Procedure, 1973, which also dealt with the power to order costs in proceedings relating to complaints for offences affecting the administration of justice.
Related BNSS Provisions
For the surrounding procedure, see the following internal pages:
Section 382 - Procedure of Magistrate taking cognizance
Section 383 - Summary procedure for trial for giving false evidence
Section 384 - Procedure in certain cases of contempt
Section 385 - Procedure where Court considers that case should not be dealt with under Section 384
Frequently Asked Questions
What does Section 381 BNSS provide?
It empowers a Court dealing with a Section 379 complaint application or a Section 380 appeal to make such order regarding costs as the Court considers just.
Does Section 381 create an offence or punishment?
No. It is a procedural provision relating to costs.
Is an award of costs mandatory?
No. The wording gives the Court discretion to make an order regarding costs where it considers such an order just.
Which earlier CrPC provision corresponds to Section 381 BNSS?
The corresponding provision is Section 342 of the Code of Criminal Procedure, 1973.