eCourtsIndia
IndiaCode Laws
Section359
Code of Criminal Procedure, 1973

Order to pay costs in non-cognizable cases

Repealed Act 2 of 1974 As on 19 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 1 provision

This is a second copy of a Central Act. India Code files it on Tripura's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 359 of Code of Criminal Procedure, 1973 deals with order to pay costs in non-cognizable cases. 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

(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. 1. Ins. by Act 5 of 2009, s. 28 (w.e.f. 31-12-2009). 2. Ins. by Act 13 of 2013, s. 23 (w.e.f. 3-2-2013). 3. Subs. by Act 22 of 2018, s. 18, for "section 326A or section 376D of the Indian Penal Code (45 of 1860)" (w.e.f. 21-4-2018). 4 Subs. by s. 19, ibid., for "376A, 376B, 376C, 376D" (w.e.f.21-4-2018). 5. Subs. by Act 25 of 2005, s. 30, for "one hundred rupees" (w.e.f. 23-6-2006).

(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.

Section 359, Code of Criminal Procedure, 1973 (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. Indian Penal Code s. 376D Intercourse by any member of the management or staff of a hospital with any woman in that hospital

Referred to by 1

  1. s. 431 Money ordered to be paid recoverable as a fine

Questions about Section 359

What does Section 359 of the Code of Criminal Procedure deal with?

Section 359 of the Code of Criminal Procedure is headed "Order to pay costs in non-cognizable cases". 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

How do I find court cases under Section 359 of the Code of Criminal Procedure?

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: Code Criminal Procedure 1973 359, section 359 Code Criminal Procedure 1973, section 359 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 359 of the Code of Criminal Procedure, and has it changed?

Its own text turns on Indian Penal Code 376D (Intercourse by any member of the management or staff of a hospital with any woman in that hospital), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When was the Code of Criminal Procedure enacted?

Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.