By Astha Bhumish Shah 

The Kerala High Court reduced heavy costs of Rs.80,000 imposed in a POCSO case for recalling witnesses while observing that onerous and unaffordable costs are akin to denial of the relief. In this case, the Court modified the costs that were imposed on two of the accused by the Special Court under the POCSO Act. The Special Judge, while allowing a petition filed by the accused under Section 311 of the CrPC to recall witnesses, had also imposed costs at the rate of Rs. 20,000 each. This order had been challenged under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for imposition of heavy costs. It was observed by the High Court that the law does not permit imposition of a costs which would become a burden to the accused. It must be reasonable and fruitful while granting such reliefs while taking into consideration all the circumstances of the case. The Court found it ‘rather shocking’ and observed that if the accused did not have sufficient money to pay the Rs. 80,000, then even though re-examination of prosecution witnesses was necessary to deliver a just order, the accused would not have been able to so to defend their case and prove their innocence. It thus reduced the costs in the interest of justice and held that if onerous and unaffordable costs are imposed, the same is akin to denial of the relief, i.e., 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. (xxx & Anr. v. State of Kerala – CRL.MC NO. 5650 OF 2024) 

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