KOCHI: Amid heated debate and confusion surrounding the newly enforced Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Kerala High Court has given its first ruling under the Sanhita. The BNSS, along with the Bharatiya Nyaya Sanhita and Bharatiya Sakshya Sanhita, came into effect on July 1, 2024. The landmark ruling by the High Court involved a Criminal Miscellaneous Case filed under Section 528 of the BNSS, challenging the heavy costs imposed by a Pocso Special Court. The High Court heard the case and reduced the costs imposed on the accused.
While modifying the special court’s order, Justice A Badharudeen said: “If courts grant reliefs by imposing conditions like ‘you can cut the flesh, without a drop of blood being spilt’, the same is nothing but outright denial of relief under the guise of allowing the same.”
The court issued the order on a petition filed by two accused persons challenging a special court order imposing a cost of Rs 20,000 each. They moved the special court seeking to recall the examination of four witnesses. While allowing the plea, the special court imposed heavy costs. The petitioners argued that the cost ordered by the learned Special Judge is onerous and thereby the benefit of the order is given a go-by. Therefore, the impugned order would require interference.
The single judge said that if the accused did not have sufficient money to pay Rs 80,000 as cost, though recalling four witnesses was found necessary by the Special Judge, the accused could not re-examine the witnesses to defend their case and prove their innocence. The law does not permit the imposition of such a heavy cost, which is a burden on the accused. No doubt, cost is liable to be imposed, in consideration of the ordeal of the witness by recalling them, to take care of them and their expenses on account of recalling. The court reduced the cost to Rs 3,000 each. The court also directed the Special Court to fix a date for the appearance of four witnesses without much delay.