Section 96: Expenses of Witnesses in Election Petitions

Section 96 of the Representation of the People Act, 1951 governs reimbursement of reasonable expenses incurred by a person attending the High Court to give evidence in an election petition. The provision also explains how those expenses are treated for the purpose of litigation costs.

Section 96 - Expenses of witnesses

The reasonable expenses incurred by any person in attending to give evidence may be allowed by the High Court to such person and shall, unless the High Court otherwise directs, be deemed to be part of the costs.

Meaning and scope of Section 96

The section enables the High Court trying an election petition to allow reasonable expenses incurred by a person who attends to give evidence. The use of the word may means that the allowance of expenses is subject to the Court's discretion, rather than being an automatic entitlement to every amount claimed.

Reasonableness depends on the circumstances and proof of the expenditure. Depending on the case, expenses associated with travel, necessary accommodation and attendance may be relevant. The Act does not prescribe a fixed amount or automatic rate under Section 96.

Are witness expenses included in the costs of the petition?

Ordinarily, yes. When the High Court allows reasonable witness expenses, they are deemed to form part of the costs of the election petition unless the High Court directs otherwise. The ultimate allocation of costs is governed by the applicable statutory provisions and the Court's orders; this provision does not by itself determine which litigant must ultimately pay.

Practical considerations for claiming witness expenses

• Identify the person who attended the High Court to give evidence in the election petition.
• Provide an account of the expenses actually incurred and, where available, supporting documents.
• Explain why the expenditure was reasonably necessary for attending and giving evidence.
• Request the High Court to allow those expenses and specify any proposed direction regarding costs.

Important distinction: Section 96 concerns expenses of witnesses, not compensation for the merits of the election dispute. Section 95 separately deals with answers to incriminating questions and certificates of indemnity. The Representation of the People Act, 1951 should be read as a whole for the procedure and costs of election petitions.

Official legal resources

Consult the Representation of the People Act, 1951 (India Code), the Election Commission of India and the Supreme Court of India for statutory material and related official resources.