Subject to the instructions hereinafter contained the Criminal Courts are authorized to pay the expenses-(a)of complainants and witnesses, whether for the prosecution or the defence-(i)in cases prosecuted, instituted or carried on by, or under the orders of, or with the sanction of Government or any Judge, Magistrate or other public officer acting as such.(ii)in cases in which the presiding officer considers such payments to be directly in furtherance of the public interest, and(iii)in all non-bailable cases;(b)of witness summoned or recalled by the presiding officer of his own motion under Section 540 of the Code of Criminal Procedure (hereinafter called "the Code") :Provided that no payment shall be made to any witness on the part of Government where the expenses for the attendance of such witness have been deposited in Court under Section 216,244 or 257 of the Code.Explanation. - Cases instituted by police officers or other persons authorized by a municipal committee under the Central Provinces and Berar Municipalities Act, 1922 (II of 1922), or rules or bylaws made thereunder are not cases falling under clause (a) (i) of this rule.
