Power to order costs
Section 381 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 381, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 342 Power to order costs Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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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Inspector of Customs, Akhnoor J & K vs Yash Pal
Decided under Code of Criminal Procedure 342, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While the examination of an accused under Section 313 CrPC is mandatory in warrant cases and should generally be conducted personally, procedural flexibility may be introduced in special exigencies where personal attendance causes genuine hardship involving substantial expense or physical incapacity, provided the court has satisfied itself as to the genuineness of the hardship. However, when omission to put incriminating materials to an accused has in fact occurred at trial, the trial court must ordinarily eschew such materials from its consideration unless the accused is afforded opportunity to explain them, either during trial or by appellate-stage explanation. In this case, because the foundation of the prosecution case (voluntary confessions to Customs authorities) was not put to the accused at all, their acquittal could not be set aside.
On this section: The predecessor provision in the old Criminal Procedure Code. The court traced the historical development and purpose of this examination requirement and its evolution to the current Section 313.
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Subash Chander vs State
Decided under Code of Criminal Procedure 342, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is charged under Sections 376/511 IPC (rape and attempt to commit rape) and evidence establishes commission of lesser offence under Section 354 IPC (outraging modesty) of same nature, the trial court is competent to record conviction under Section 354 IPC even without formal charge under that section, as Section 236 CrPC permits conviction for offence not charged if it is of same nature as charged offence and proved on evidence. Additionally, delay of one day in lodging FIR in cases involving sexual assault of young women is justified when victim's family was away and matter was under panchayat consideration, and such delay cannot be termed inordinate or fatal to prosecution case.
On this section: Statement of accused - Appellant's statement recorded after closure of prosecution evidence
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 381
What have the courts held on Section 381 of the Bharatiya Nagarik Suraksha Sanhita?
Inspector of Customs, Akhnoor J & K vs Yash Pal (06 Mar 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 342, which this section replaced -- the court never mentioned this Act: The predecessor provision in the old Criminal Procedure Code. The court traced the historical development and purpose of this examination requirement and its evolution to the current Section 313. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2023.
How do I find court cases under Section 381 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 381, section 381 BNSS, section 381 of the Bharatiya Nagarik Suraksha Sanhita. 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 Inspector of Customs, Akhnoor J & K vs Yash Pal (06 Mar 2009).
What should I read with Section 381 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 379 (Procedure in cases mentioned in section 215), section 380 (Appeal), so none of them can safely be read on its own. It carries forward CrPC 342 (Power to order costs), so the judgments decided under that provision are the case law on this one.
When did Section 381 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 381 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 381, 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 15 Oct 2026. This page is not a substitute for legal advice.