Section 186 in Criminal Court Rules of the High Court of Judicature at Patna
186.
Under Section 35 of the Court-Fees Act, 1870 (VII of 1870), as amended by Act XXXVIII of 1920 and in supersession of all previous notifications under that Section, it is hereby notified that, in exercise of the power to reduce or remit, in Bihar and Orissa, all or any of the fees mentioned in the First and Second Schedules to the said Act, the Government of Bihar and Orissa have been pleased to make the reductions and remissions hereinafter set forth, namely [Notification of the Government of Bihar and Orissa, no. 2576/L.A. 25, dated the 5th December 1921]:-* * * * ** * * * *(4)to remit the fees chargeable on-(a)copies of village settlement records furnished to land holders and cultivators during the currency or at the termination of settlement operations;(b)list of fields extracted from village settlement records for the purpose of being filed with petitions of plaint in Settlement Courts;Provided that nothing in this clause shall apply to copies of judicial proceedings, or to copies of village settlement records (other than lists of fields) extracted as aforesaid, which may be filed in any Court or office;* * * * *(6)to remit the fees chargeable on security bonds for the keeping of the peace by, or good behaviour of, persons other than the executant's;(7)to remit the fees chargeable under articles 6, 7 and 9 of the First Schedule on copies furnished by Civil or Criminal Courts or Revenue Courts or offices for the private use of persons applying for them:Provided that nothing in this clause shall apply to copies when filed, exhibited or recorded in any Court of Justice or received by any Public officer;(8)to remit the fees chargeable under paragraph 4 of clause (a) and paragraph 2 of clause (b), of article 1 of the Second Schedule, on applications for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 25 in amount;Provided that the application is made within three months of the date on which the deposit first became payable to the party making the application;* * * * *(13)to remit the fees chargeable on the following documents, namely(a)copy of a charge framed under Section 210 of the [Code of Criminal Procedure, 1898 (V of 1898)] [Now Code of Criminal Procedure, 1973 (No. 2 of 1974).], or of a translation thereof, when the copy is given to an accused person;(b)copy of the evidence of supplementary witnesses after commitment, when the copy is given under Section 219 of the said [Code to an accused person;(c)copy or translation of a judgement in a case other than a summons-case, and copy of the heads of the Judge's charge to the Jury, when the copy or translation is given under Section 371 of the said Code to an accused person;(d)copy or translation of the judgement in a summons-case when the accused person to whom the copy or translation is given under Section 371 of the said Code is in Jail;(e)copy of an order of maintenance, when the copy is given under Section 490 of the said Code to the person in whose favour the order is made or to his guardian, if any or to the person to whom the allowance is to be paid;(f)copy furnished to any person affected by a judgement or order passed by a Criminal Court, of the Judge's charge to the Jury or of any order, deposition, or other part of the record, when the copy is not a copy which may be granted under any of the preceding sub-clauses without the payment of a fee, but is a copy which, on its being applied for under Section 548 of the said Code, the Judge or Magistrate, for some special reason to be recorded by him on the copy, thinks fit to furnish without such payment;(g)copies of all documents furnished under the orders of any Court or Magistrate to any Government Advocate or Pleader or other person specially empowered in that behalf for the purpose of conducting any trial or investigation on the part of the Government before any Criminal Court;(h)copies of all documents which any such Advocate, Pleader or other person is required to take in connection with any such trial or investigation, for the use of any Court or Magistrate, or may consider necessary for the purpose of advising the Government in connection with any criminal proceedings;(i)copies of judgement or depositions required by officers of the Police Department in the course of their duties;* * * * *(15)to remit the fee chargeable on an application presented by any person for the return of a document filed by him in any Court or public office;* * * * *(18)to direct that no court-fee shall be charged on an application for the repayment of a fine or of any portion of a fine the refund of which has been ordered by competent authority;(19)to remit the fees chargeable on applications for copies of documents detailed in clauses 4 and 13 supra:* * * * *(23)(a)to remit the fees payable under Schedule II upon applications for the grant or renewal of licences or duplicates under the Indian Arms Rules, 1924, in respect of which a fee is payable under those rules; and(b)to reduce to ten paise all fees exceeding ten paise payable under the said Schedule upon other applications relating to licences or duplicates granted or renewed under the said rules;(24)to remit the fees chargeable on applications for the grant of licences of the nature mentioned in items 8 and 9 of Schedule II appended to the Indian Explosives Rules, 1914, to possess gunpowder other explosives or detonators required bona fide for blasting purposes;[The Indian Explosives Rules, 1914 have been superseded by the Explosives Rules, 1940.]* * * * *(28)to remit the fees chargeable on applications for the grant of licences issued in accordance with the provisions of any rule made under section 9 of the Indian Petroleum Act. 1899 (VIII of 1899), for the possession of dangerous petroleum for use on motor vehicles and for its transport thereon for the purpose of use therein;[The Indian Petroleum Act, 1899, has been superseded by Act XXX of 1944]* * * * *(41)to remit the fees chargeable on copies of documents furnished by a District Magistrate to a pleader appointed by the Court to defend a pauper accused of murder;* * * * *(45)to remit the fees chargeable on applications made to a Magistrate under the Indian Motor Vehicles Act, 1914 (VIII of 1914), for the registration of a motor vehicle and for a licence to drive it.[The Indian Motor Vehicles Act, 1914, has been superseded by Act IV of [1939.] [Now Motor Vehicles Act, 1988.](46)To remit the fees chargeable on copies of judgements or relevant extracts therefrom furnished to the Registrar of the Council of Medical Registration, Bihar, by courts exercising criminal jurisdiction in cases in which a registered medical practitioner is convicted of a non-bailable offence or in which the Court pronouncing the judgement considers that the professional conduct of a registered medical practitioner has been such that it is desirable to bring it to the notice of the Council. [Government of Bihar and Orissa Judicial Department Notification no. 1445 J. R., dated the 23rd July 1931][Note - In rule 186 for the Sections of the [Code of Criminal Procedure, 1898.] [Inserted by C S. No. 65.] the corresponding Sections of the Code of Criminal Procedure, 1973, shall be read. The rule shall be followed subject to the relevant provisions of the latter Code]C. Searching and Copying Fees
