Section 18 of the Court Fees Act 1870 - Written Examinations of Complainants
Section 18 of the Court Fees Act, 1870 deals with the court fee connected with the first or only written examination of certain complainants. The provision is part of the chapter concerning fees in other courts and public offices.
Text and meaning of Section 18
Section 18 applies where the first or only examination of a person complaining of wrongful confinement, wrongful restraint, or another offence of the class described in the provision is reduced to writing, and the complainant has not already presented a petition on which a fee has been levied under the Act. The central statutory text prescribes a fee of eight annas, unless the Court considers it appropriate to remit the payment.
What Section 18 covers
The provision is concerned with a specific written examination of a complainant rather than with a general filing fee for every criminal complaint. Its operation depends on the nature of the complaint, whether a fee has already been levied on a petition, and whether the examination is reduced to writing under the applicable criminal procedure.
| Element | Explanation |
|---|---|
| Person covered | A complainant falling within the classes described in Section 18. |
| Stage covered | The first or only examination of the complainant when reduced to writing. |
| Earlier fee | The section refers to a complainant who has not already presented a petition on which a fee was levied under the Act. |
| Fee | The central text states eight annas, subject to applicable State amendments. |
| Remission | The Court has statutory discretion to remit the payment. |
Section 18 and the BNSS 2023
The original wording of Section 18 uses a historical reference to the Code of Criminal Procedure. From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 is the principal new criminal procedure law, subject to its savings and transitional provisions. Section 223 BNSS is titled "Examination of complainant" and provides for examination on oath of the complainant and witnesses present, with the substance of the examination reduced to writing and signed as prescribed.
Accordingly, for a current proceeding, Section 18 of the Court Fees Act should not be read in isolation. The applicable State court-fee law or amendment, the BNSS or saved CrPC procedure, and any relevant court-fee rules should also be checked.
Odisha State amendment
The uploaded page records the former "Orissa" amendment to Section 18 under Orissa Act 5 of 1939, substituting "one rupee" for "eight annas." It also records the insertion of Section 18-A by Orissa Act 55 of 1975. The State is now officially known as Odisha; historical enactments may retain the name "Orissa" in their titles and citations.
Section 18-A - exemption to certain women
As reproduced in the source material, Section 18-A provides a court-fee exemption for specified suits and petitions filed by a woman whose annual income does not exceed the statutory amount stated in that amendment. It covers the categories described there, including specified maintenance, family-property and divorce proceedings, and authorises the Court to inquire into the plaintiff's or petitioner's income.
Official legal resources
For authoritative verification, see the Court Fees Act, 1870 on India Code. For current criminal procedure, consult the India Code portal and search for the Bharatiya Nagarik Suraksha Sanhita, 2023, including Section 223 on examination of complainants.
Frequently asked questions
What is Section 18 of the Court Fees Act?
It is a provision dealing with the fee on the first or only written examination of specified complainants where the conditions stated in the section are satisfied.
Can the Court waive the fee under Section 18?
Yes. The central text expressly allows the Court to remit the payment.
Is the amount under Section 18 the same throughout India?
Not necessarily. State amendments can alter the amount or operation of court-fee provisions. The applicable State law must therefore be checked.
What is the current procedural provision for examination of a complainant?
For proceedings governed by the BNSS, Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with examination of the complainant. Transitional and saved proceedings may require consideration of the earlier Code of Criminal Procedure, 1973.