CrPC Section 260
π Section 260 CrPC: Power to order payment of money for expenses incurred in defense
Text of Section 260 CrPC (Paraphrased):
When an accused person is convicted in any trial (except for certain minor offences), the court may, at its discretion, order that the accused pay to the state or any person any sum of money that was necessarily incurred in defending the accused, if such sum has been paid or is payable by the state or that person.
π§ What Does This Mean?
Sometimes, during the investigation or trial of an accused person, the government or a third party (like a private individual who was wrongfully dragged into the case) may have incurred expenses for the defense of the accused.
These expenses could be:
Payment to legal counsel
Expenses related to bail or sureties
Other costs directly connected to defending the accused
Section 260 gives the court the authority to recover such costs from the accused if they are eventually convicted.
βοΈ Key Points:
Applicability:
Only applies when the accused is convicted.
Does not apply to every offence β for example, petty offences might be exempt.
Discretion of the Court:
The court may order repayment but is not bound to do so. Itβs discretionary.
Who can recover costs?
The state or any person who has paid or is liable to pay the defense expenses.
Nature of expenses:
Must be expenses necessarily incurred in defending the accused.
Cannot be arbitrary or unrelated expenses.
Purpose:
To prevent the accused from unjustly benefiting from the expenses borne by others during their defense.
To provide a way to recover costs related to legal defense once guilt is established.
π§Ύ Example Scenario:
Suppose the state provides a lawyer for a poor accused during trial and incurs legal expenses. After conviction, the court may order the accused to repay those expenses to the state under Section 260 CrPC.
π Relation to Other Sections:
This is related to Sections 265 and 265A CrPC which deal with reimbursement of costs for legal aid or defense.
Section 260 helps the state or third parties recover their costs after conviction, protecting public or private funds.
π§ββοΈ Summary:
Section 260 empowers courts to make the convicted accused pay back the money spent by the state or any other person in defending the accused.
It is a way to ensure fairness and accountability regarding expenses in criminal trials.
It is not mandatory but at the courtβs discretion, keeping the interest of justice in mind.
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