Expenses of complainants and witnesses
Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 Sanhit The Act came into force on 01 Jul 2024.
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 Sanhita.
Section 350, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 312 Expenses of complaints and witnesses Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shailendra Dwivedi vs State of U.p.
Decided under Code of Criminal Procedure 312, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While Section 312 CrPC does not mandate government bearing of witness expenses, courts have discretionary power to direct such payment based on facts and circumstances. In cases involving indigent accused persons who have been incarcerated for extended periods, and where trial court orders conditioning witness expenses on the accused impede fair trial and expeditious justice, High Court can invoke Section 482 CrPC to quash such orders and direct government to bear witness expenses to ensure procedural fairness and speedy trial.
On this section: Provides discretionary power to courts to order government payment of reasonable expenses of complainants and witnesses. Court held it is not mandatory but discretionary based on facts and circumstances of each case.
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Krishnaiah vs State Rep. by
Decided under Code of Criminal Procedure 312, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A trial court cannot impose exorbitant or unreasonable conditions on witness recall that economically disable an accused from exercising his constitutionally guaranteed right to cross-examine prosecution witnesses and defend himself effectively. The phrase 'reasonable expenses' in Sections 243(3) and 312 CrPC must be interpreted as a limiting principle, and witness batta must be restricted to actual travelling costs (appropriate class based on officer rank) and subsistence allowance (Rs.600/- per day for necessary days). Any condition that puts economic fetters on the right to cross-examination violates Articles 14, 21, and 22 of the Constitution and the principle of fair trial established in Maneka Gandhi. The imposition of costs to legal services authorities as a condition for witness recall is not justified and restricts the right of cross-examination.
On this section: Cited by analogy to Section 243(3), as it also employs the phrase 'reasonable expenses' when dealing with recall of complainant and other witnesses, and is subject to rules made by State Government.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 350
What have the courts held on Section 350 of the Bharatiya Nagarik Suraksha Sanhita?
Shailendra Dwivedi vs State of U.p. (15 Feb 2018) is the leading judgment on this section among those set out below, though it was decided under CRPC 312, which this section replaced -- the court never mentioned this Act: Provides discretionary power to courts to order government payment of reasonable expenses of complainants and witnesses. Court held it is not mandatory but discretionary based on facts and circumstances of each case. Another 1 judgment on this section is set out below. They run from 2016 to 2018.
How do I find court cases under Section 350 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 350, section 350 BNSS, section 350 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 350 2 in hindi and bns 350 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Shailendra Dwivedi vs State of U.p. (15 Feb 2018).
What should I read with Section 350 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 312 (Expenses of complaints and witnesses), so the judgments decided under that provision are the case law on this one.
When did Section 350 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 350 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 350, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.