Expenses of complaints and witnesses
Section 312 of the Code of Criminal Procedure, 1973 deals with expenses of complaints 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 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 Code. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of 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 Code.
Section 312, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 350 Expenses of complainants 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 The repealed enactment still governs what happened while it was in force.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.
-
Shailendra Dwivedi vs State of U.p.
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.
-
Krishnaiah vs State Rep. by
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 312
What have the courts held on Section 312 of the Code of Criminal Procedure?
Shailendra Dwivedi vs State of U.p. (15 Feb 2018) is the leading judgment on this section among those set out below: 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 312 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: CRPC 312, section 312 CRPC, section 312 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. 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 312 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 350 (Expenses of complainants and witnesses), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 312 of the Code of Criminal Procedure come into force?
Section 312 of the Code of Criminal Procedure, cited as CRPC 312, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.