Section 342 CrPC: Power to Order Costs and Section 381 BNSS

Section 342 of the Code of Criminal Procedure, 1973 empowered a court to make a just order concerning costs when dealing with a complaint application under Section 340 or an appeal under Section 341. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 381.

Section 342 CrPC: Statutory text

The provision is part of the CrPC chapter dealing with offences affecting the administration of justice. It concerns costs associated with the specified complaint and appeal proceedings, rather than a general power to impose costs in every criminal case.

Section 381 BNSS: Current corresponding provision

The operative power is substantially preserved. The cross-references have changed because the relevant complaint and appeal procedures are now found in Sections 379 and 380 of the BNSS.

Meaning and scope of the power to order costs

Costs are expenses that a court may direct a party to bear in connection with the relevant proceedings. The statute does not prescribe a fixed amount or an automatic award. Instead, it empowers the court to make the order it considers just in the circumstances.

• Complaint application: The court considers whether a complaint should be made regarding an offence covered by the relevant statutory procedure.
• Appeal: A competent superior court considers an appeal against a specified complaint-related decision.
• Judicial discretion: The court evaluates whether a costs order is justified and what amount is appropriate.
• Limited application: This provision does not itself determine guilt, award criminal punishment or create an unrestricted costs jurisdiction over all criminal litigation.

How the provision operates

1. An application concerning a court complaint is considered under Section 379 BNSS (formerly Section 340 CrPC), or an appeal is heard under Section 380 BNSS (formerly Section 341 CrPC).
2. The court considers the nature and circumstances of that proceeding, including any request for costs.
3. If it considers an order appropriate, the court may specify costs on terms it regards as just.
4. Any challenge or enforcement question must be assessed under the applicable procedural law and the terms of the order.

Illustrative application

Suppose a party applies for a court complaint alleging false evidence in judicial proceedings. After considering the applicable statutory requirements, the court declines to make the complaint. While deciding the application, the court may also consider whether a just costs order should be made. An award is discretionary, not an inevitable consequence of an unsuccessful application.

Frequently asked questions

What is the corresponding BNSS section for CrPC Section 342?

Section 381 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a court order costs in an appeal concerning a complaint?

Yes. Section 381 BNSS expressly covers appeals under Section 380; the former Section 342 CrPC covered appeals under Section 341.

Is there a fixed statutory amount of costs?

No fixed sum is stated in these sections. The governing standard is what the court considers just.

Does Section 381 BNSS apply to every criminal case?

No. Its wording specifically concerns applications for complaints under Section 379 and appeals under Section 380.

Official legislation and further reading

For the authoritative legislative text and current notifications, consult India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, the Bureau of Police Research and Development criminal laws portal, and the NCRB compendium of new criminal laws. The Code of Criminal Procedure guide provides additional background.

This article provides general legal information. The precise law applicable to pending proceedings, including any saving or transitional rule, should be checked against the relevant court record and current legislation.