Bharatiya Nagarik Suraksha Sanhita, 2023
Section 400
Order to pay costs in non-cognizable cases
(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable.
(2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
Why this exists
In non-cognizable offences, it is usually the private complainant, not the police, who bears the burden and expense of bringing the case to court. This section allows the court, once a conviction is secured, to shift some of that financial burden back onto the guilty party, recognising that the complainant should not have to fully fund the pursuit of justice out of their own pocket.