Criminal Procedure Act, 1977 (Act No. 51 of 1977)
Chapter 1 : Prosecuting Authority
16. Costs of accused in private prosecution
|(1)||Where in a private prosecution, other than a prosecution contemplated in section 8, the charge against the accused is dismissed or the accused is acquitted or a decision in favour of the accused is given on appeal, the court dismissing the charge or acquitting the accused or deciding in favour of the accused on appeal, may order the private prosecutor to pay to such accused the whole or any part of the costs and expenses incurred in connection with the prosecution or, as the case may be, the appeal.|
|(2)||Where the court is of the opinion that a private prosecution was unfounded and vexatious, it shall award to the accused at his request such costs and expenses incurred in connection with the prosecution, as it may deem fit.|
[Section 16 substituted by section 40 of Act No. 129 of 1993]
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