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Code of Criminal Procedure

  • 13 May, 2024

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PROVISIONS REGARDING EXPENSES OF COMPLAINANTS AND WITNESSES (SECTION 312)

PROVISIONS REGARDING EXPENSES OF COMPLAINANTS AND WITNESSES (SECTION 312)

 

Section 312 of the Code of Criminal Procedure (Cr.PC) grants criminal courts the authority to order the government to pay reasonable expenses for complainants or witnesses attending court for inquiries, trials, or other proceedings.

Under this Section, a Magistrate has the discretion to order the State to pay expenses to witnesses for attending court, subject to rules made by the State government. However, if no such rules exist, the court may alternatively order the party concerned (usually the accused or the prosecution) to pay such expenses. This ensures that witnesses are not deterred from testifying due to financial constraints, and that the legal process can proceed fairly and smoothly.

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