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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Meera Shah drafts a bail application and wants to include a prayer for compensatory costs against the complainant for a false defence, relying on Section 35A of the Code of Civil Procedure, 1908. What is the correct view?

Section 35A cannot be relied on in a bail application. The Code of Civil Procedure, 1908 does not apply to matters of criminal jurisdiction under Section 112(2), so a prayer for compensatory costs for false or vexatious claims is misconceived in criminal proceedings.

  1. ASection 35A can be invoked since bail is a proceeding before a court
  2. BSection 35A can be invoked only if the complainant is a public servant
  3. CSection 35A cannot be relied on, as the Code does not apply to matters of criminal jurisdictionCorrect
  4. DSection 35A can be invoked only in the High Court

Explanation

Section 35A deals with compensatory costs for false or vexatious claims or defences in suits or other proceedings under the Code. Section 112(2) states that nothing in the Code applies to criminal matters. A bail application is a criminal matter, so the prayer is misconceived. Option A ignores this exclusion.

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