On 10th July 2024, Kerala High Court laid down that an accused cannot be imposed a heavy cost for recalling witnesses which turns out to financially burdensome for the prosecution.
A Criminal Miscellaneous petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’ for short), challenging imposition of heavy cost, while allowing petitions filed by accused.
Factual matrix of the cases was: Special Judge, while allowing a petition filed under Section 311 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C’ for short) for recalling prosecution witnesses, imposed cost at the rate of Rs.20,000/-. The amount totalled at Rs 80,000/- for four witnesses which proved to be financially burdensome for the petitioners.
Justice Badharudeen observed that:
“Law does not permit imposition of such a heavy cost, which is a burden to the accused. No doubt, cost is liable to be imposed, in consideration of the ordeal of the witness/ess by recalling them, to take care of them and their expenses on account of recalling. An order of the court while granting a relief should be reasonable and fruitful.
If onerous and unaffordable cost is imposed, the same is akin to denial of the relief, ie., denial of justice. If courts grant reliefs by imposing conditions like “you can cut the flesh, without a drop of blood being spilled”, the same is nothing but outright denial of relief on the guise of allowing the same.” [Paragraph 6]
The order in question was modified and the Criminal Miscellaneous Petition was thereby disposed of.
Judgment Title & Citation: XXX v. State of Kerala CRL.MC NO. 5650 OF 2024
Legislations referred to: Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS]
Read the complete judgment/order.
