Section 312 CrPC and Section 350 BNSS: Expenses of Complainants and Witnesses
Criminal courts may direct payment of reasonable attendance expenses to complainants and witnesses. This guide explains the statutory power, eligibility, discretion and the corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
What does Section 312 CrPC mean?
Section 312 of the Code of Criminal Procedure, 1973 authorises a criminal court, subject to State Government rules, to order the Government to meet the reasonable expenses of a complainant or witness attending an inquiry, trial or other proceeding. The court decides whether such payment is appropriate in the circumstances.
Original text of Section 312 CrPC
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 Code.
Section 350 BNSS: Present legal framework
Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Expenses of complainants and witnesses. It retains the court's discretionary power to order payment by the Government of reasonable expenses for attendance in criminal proceedings, subject to applicable State Government rules.
The BNSS replaced the CrPC as the principal central criminal procedure law from 1 July 2024, subject to its commencement and saving provisions. The older Section 312 remains useful when reading judgments and proceedings governed by the CrPC.
Conditions for payment of witness expenses
- Eligible attendee: A complainant or witness attending before a criminal court.
- Purpose of attendance: An inquiry, trial or other proceeding under the applicable criminal procedure law.
- Reasonableness: The expenses must be reasonable; the provision does not fix a nationwide amount.
- Court's discretion: The court may order payment if it thinks fit; reimbursement is not an unconditional entitlement under this section.
- State rules: The relevant State Government's rules can govern admissible amounts, procedure and supporting documents.
- Payment source: The statutory order concerns payment on the part of the Government.
Practical application
For example, where a witness must travel to court to give evidence, the court may consider an application for reasonable travel and attendance expenses under the applicable rules. Whether travel, subsistence or other expenses are admissible, and in what amount, depends on the relevant rules and judicial order.
A complainant attending a hearing may also request expenses where the provision and applicable rules permit. The court can assess the request against the purpose of attendance and the available record.
CrPC and BNSS provision at a glance
| Issue | Section 312 CrPC | Section 350 BNSS |
|---|---|---|
| Subject | Expenses of complainants and witnesses | Expenses of complainants and witnesses |
| Who may order payment? | Criminal Court | Criminal Court |
| Beneficiaries | Complainants and witnesses | Complainants and witnesses |
| Nature of payment | Reasonable expenses, subject to State rules and court discretion | Reasonable expenses, subject to State rules and court discretion |
| Legal framework | CrPC, 1973 | BNSS, 2023 |
Related procedural provisions
For the court's power to summon or recall a material witness, see Section 311 CrPC (corresponding Section 348 BNSS). For examination of an accused, see Section 313 CrPC. The provision on witness expenses should be read separately from rules governing summons, witness protection and victim compensation.
Official legal sources
Consult the India Code legislative database for the authoritative text of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure, 1973. Applicable State Government rules and current judicial orders should also be checked before claiming a particular amount.
Frequently asked questions
What does Section 312 CrPC provide?
It allows a criminal court, subject to State Government rules, to order the government to pay reasonable expenses of a complainant or witness attending a criminal proceeding.
Which BNSS section corresponds to Section 312 CrPC?
Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses expenses of complainants and witnesses.
Is payment of witness expenses mandatory?
No. The statute uses discretionary language: the court may order payment if it thinks fit, subject to the applicable State Government rules.
Who can receive expenses under this provision?
A complainant or witness attending an inquiry, trial or other proceeding before a criminal court may be covered.
Who pays the expenses if the court orders them?
The provision contemplates payment on the part of the Government, rather than automatic payment by the accused or the complainant.
This article provides general legal information, not advice for a specific case. The applicable statutory text, rules and court orders govern individual proceedings.