Section 350 BNSS: Expenses of Complainants and Witnesses
Section 350 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Criminal Court, subject to State Government rules, to order the Government to pay reasonable expenses to a complainant or witness who attends an inquiry, trial or other proceeding before the Court.
Text of Section 350 BNSS
350. 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 Sanhita.
Meaning and Scope of Section 350
Section 350 is a procedural provision intended to reduce the financial burden on complainants and witnesses who are required to attend criminal court proceedings. The provision does not create an automatic payment in every case. It gives the Criminal Court discretion to order payment of reasonable expenses, and that discretion operates subject to rules made by the relevant State Government.
- Who may receive expenses: a complainant or witness attending before a Criminal Court.
- Proceedings covered: an inquiry, trial or other proceeding under the BNSS.
- Who bears the payment: the Government, when the Court makes an order under the section.
- Amount: only reasonable expenses are contemplated.
- Court discretion: the words "may, if it thinks fit" show that payment is not automatic merely because a person has attended Court.
- State rules apply: the Court's power is expressly subject to rules made by the State Government.
Practical Effect
Where a complainant or witness incurs expense in attending a criminal proceeding, the Court may consider whether reasonable expenses should be paid by the Government. The applicable amount, procedure, supporting documents and mode of payment can depend on the rules or administrative framework in force in the concerned State or Union Territory.
Important: Section 350 itself does not prescribe a fixed daily allowance, travel rate or universal reimbursement amount. Any such entitlement should be checked against the applicable State Government rules, court rules or current administrative directions.
Section 350 at a Glance
| Provision | Section 350, Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Subject | Expenses of complainants and witnesses |
| Competent authority | Any Criminal Court |
| Nature of power | Discretionary, subject to State Government rules |
| Persons covered | Complainant or witness attending the proceeding |
| Proceedings covered | Inquiry, trial or other proceeding before the Court under the BNSS |
| Payment | Reasonable expenses, payable by the Government when ordered by the Court |
Official Sources
For the authoritative statutory text and commencement notification, refer to the Government of India sources below.