Introduction
When someone goes to court to file a case or make a legal request, they are usually required to pay a fee. This fee helps support the functioning of the court system and is known as a court fee. To regulate how much needs to be paid and in what situations, the Court-Fees Act, 1870 was introduced.
This Act was brought into force on 1st April 1870 to create a fair and uniform system for collecting fees in courts across India. Before this Act, different courts charged different rates, and this caused confusion and even discouraged people from filing genuine cases. The Act helped simplify things by clearly laying down the amount of fee to be paid for various types of court documents and proceedings.
The main goal of the Court-Fees Act is to ensure that court services are properly funded without placing an unfair burden on those seeking justice. It also helps avoid misuse of the legal system by making people think carefully before filing unnecessary cases, since there is a cost involved.
Over the years, the Act has been amended several times to keep up with changing circumstances. It includes provisions for civil and criminal matters, appeals, exemptions in certain cases, and rules about refunds and valuations.
In simple terms, the Court-Fees Act is like a price list for using court services, ensuring that the system runs efficiently while being fair to the public.
Historical Background and Enactment
Before the British took control of India, the government saw justice as its duty to the people and did not charge any fees for resolving disputes. During the Mughal era and earlier times, civil justice was completely free—no fees were required to file a case or seek legal help. This changed when the British introduced regulations that imposed court fees which was later confirmed in the case Secretary to Govt. of Madras v. P.R. Sriramulu[1]
The first law on court fees in India was the Madras Regulation III of 1782, which was later updated with new rules. Similar regulations were introduced in Bengal (Bengal Regulation XXXVIII of 1795) and Bombay (Bombay Regulation VIII of 1802). Over time, these separate regional laws were combined into a single law for all of British India—the Court Fees Act of 1860 (Act XXXVI of 1860). This was later replaced by the Court Fees Act, 1870 (Act VII of 1870), which is still in force today, though it has been amended several times since then.[2]
This shift from free justice to a fee-based system marked a major change in India’s legal history, introducing the concept that courts could charge for their services—a practice that continues in modern times.
Objectives and Scope of the Court Fees Act
The main objective of the Court Fees Act, 1870 is to regulate the fees that must be paid for filing documents in courts and certain public offices. These fees help in generating revenue for the government and ensure that the cost of using judicial services is shared by those who benefit from them. The Act aims to standardize the system of court fees across different types of courts and proceedings, making it more fair and less burdensome for litigants. It also ensures transparency in the judicial process by prescribing clear guidelines on how fees are calculated and collected.[3]
It also tries to prevent confusion between court-related stamp duties and regular revenue stamps by creating a separate classification called “court-fees.”
The Act applies to all courts in India (except in the regions formerly known as Part B states before 1956) and governs fees for a wide range of judicial documents. This includes plaints, written statements, appeals, petitions, and applications in civil and criminal courts. It also covers fees for services like the serving of summons and the execution of court processes.
Additionally, the Act lays down specific methods to calculate fees based on the value of the subject matter involved in a case—whether it’s money, property, or other reliefs. It even provides guidelines for refunds, corrections in undervaluation, and how to handle situations where the wrong amount of fee was initially paid.[4]
Over time, the Act has been amended and updated, but its core purpose remains—to create a fair, efficient, and standardized system for the collection of court fees in India’s legal system.
Calculation of Court Fees
Court fees are usually calculated in two main ways:
- Ad valorem basis: This means the fee is based on the value of the subject matter of the case. For example, if someone is suing for a sum of money, the fee is calculated based on the amount claimed.[5]
- Fixed fee: In some cases, especially where the value of the subject matter can’t be easily determined (like declarations or injunctions), a fixed fee is charged as mentioned in the schedules attached to the Act.[6]
The Act provides specific rules on how to calculate fees for different types of suits. For example:
- In money suits, the fee is based on the total amount claimed.
- In maintenance cases, it’s calculated as ten times the annual amount claimed.
- For movable property with a known market value, the fee is based on that value.
- In suits for land or property, the fee depends on factors like whether the land pays revenue to the government, if it’s permanently settled, or its market value.
- In mortgage or foreclosure suits, the fee is based on the principal amount secured by the mortgage.
If there is a disagreement on how much fee should be paid, the court itself will decide. In High Courts, the matter may be referred to a “taxing officer.” If it’s a question of general importance, it can even be referred to the Chief Justice.[7]
The law also allows for corrections in following circumstances:
- If a person pays more than required, they can apply for a refund within a specified time.
- If a person pays less than required, the court can ask them to pay the difference. If they don’t, the suit can be stopped or dismissed.
- In cases where the value of property is not correctly estimated, the court may appoint someone to investigate and report the correct value.
Exemptions and Waivers under the Act
The Court-Fees Act, 1870, recognizes that in certain cases, individuals or documents should not be burdened with the obligation to pay court fees. This is either to ensure justice is accessible or because the nature of the document or proceeding doesn’t warrant such a fee. Therefore, the Act provides a list of specific exemptions and waivers.[8]
Some of the key exemptions include:
- Military Personnel: Powers of attorney executed by members of the armed forces who are not in civil employment are exempt from court fees. This ensures that those serving the nation are not burdened unnecessarily during legal processes.
- Prisoners and Persons in Restraint: Petitions or complaints made by prisoners or people in custody are exempt from fee payment. This ensures that everyone has a chance to access justice, even from within detention.[9]
- Government-related Petitions: Applications submitted to officers related to land settlement, irrigation, or revenue assessment before the final settlement is confirmed are exempt. These are usually in the nature of routine government processes.
- Petitions by Public Servants and Village Officers: Complaints or applications made by public servants, municipal officers, or village officials—especially in cases of criminal matters—are not chargeable with fees.
- Applications for Compensation: Any petition seeking compensation for land acquisition under the law is not subject to court fee charges. This makes it easier for citizens to claim fair compensation when the government acquires land.[10]
- Certain Appeals and Documents: Appeals related to municipal taxes or village assessments, first-time applications for witness summonses, bail bonds in criminal cases, and written statements requested by the court after the first hearing are also exempt.
In addition to these exemptions, the Act allows refunds of court fees in certain situations:
- If an appeal is allowed after a previous rejection of the plaint.
- When a case is referred to alternative dispute resolution (ADR) under Section 89 of the Code of Civil Procedure.
- If the court reviews and reverses its decision based on a mistake in law or fact.
- When too much court fee was paid on an overestimated value of property during probate applications.
Criticism and Challenges
While court fees serve an economic purpose, they also raise serious concerns about fairness and justice. These fees often clash with the fundamental rights guaranteed under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.
In the case of P.M. Ashwathanarayana Setty v. State of Karnataka (1989)[11], the Supreme Court acknowledged that while ad valorem (value-based) court fees are legally valid, they can have deep emotional and social consequences. Justice Venkatachaliah, referencing a fictional legal scenario by A.P. Herbert, made an important point: if the government must charge for justice, the fee should be fixed and reasonable—just like postage stamps, which cost the same no matter how far a letter travels.[12]
The court stressed that justice should never be treated as a commodity and that a person’s ability to pay should not decide whether they get access to courts. It warned against turning court fees into just another way for the government to make money, especially when it risks denying people their basic rights. The judgment serves as a reminder that while fees may be necessary, they should never become a barrier to justice.[13]
Natural rights are basic rights that every person has simply by being human. Historically, people believed that access to justice was one of these natural rights, so the government did not need to take extra steps to provide it. Instead, the government’s role was only to protect these rights from being violated.[14]
However, over time, this view changed. Today, it is widely accepted that the government must take active steps to ensure people can actually exercise their rights, including access to justice.
One major barrier to justice is court fees, which are required under the Court Fees Act, 1870. These fees create problems because:
- They turn justice into a paid service, making it harder for poor people to afford.
- There are no good alternatives for those who cannot pay.
- They ignore the fact that providing justice is a core duty of the government, not just a way to make money.[15]
Conclusion
The Court-Fees Act, 1870 was made to help courts work smoothly by collecting fees for their services. It sets clear rules about how much fee must be paid in different types of cases and when certain people or documents don’t need to pay. While this system helps the government earn revenue and discourages false cases, it also creates problems for poor people who cannot afford to pay.
Over time, the law has tried to balance fairness and cost, but many still feel that justice should not depend on someone’s ability to pay. Courts have also said that court fees should be reasonable and should never stop someone from seeking justice.
In the end, court fees are important for running the legal system, but they should not become a barrier for those who truly need help. Justice must be accessible to all, rich or poor, and the system should always aim to support that goal.
[1] (1996) 1 SCC 345, para 6.
[2] Legislative History of Court Fee in India, Law Commission of India Reports https://www.advocatekhoj.com/library/lawreports/revisionofcourtfees/18.php?Title=Revision%20of%20Court%20Fees%20Structure&STitle=Legislative%20History%20of%20Court%20Fee%20in%20India.
[3] Supra
[4] The Court-Fees Act, 1870, (Feb. 29, 2008), https://www.indiacode.nic.in/bitstream/123456789/9181/1/the_court-fees_act1870.pdf.
[5] The Court-Fees Act, 1870, (Feb. 29, 2008), https://www.indiacode.nic.in/bitstream/123456789/9181/1/the_court-fees_act1870.pdf.
[6] (Mar. 7, 2019), https://cdnbbsr.s3waas.gov.in/s3ec02504c296f8eb5fd521e744da4e837/uploads/2023/05/2023052233-1.pdf.
[7] supra
[8] Akshaya Aji, Court Fees in India: A Balancing Act Between Fiscal Necessity and Access to Justice, Ljrfvoice.Com (Apr. 14, 2025), https://ljrfvoice.com/court-fees-in-india-a-balancing-act-between-fiscal-necessity-and-access-to-justice/.
[9] The Court-Fees Act, 1870, (Feb. 29, 2008), https://www.indiacode.nic.in/bitstream/123456789/9181/1/the_court-fees_act1870.pdf.
[10] The Court-Fees Act, 1870, (Feb. 29, 2008), https://www.indiacode.nic.in/bitstream/123456789/9181/1/the_court-fees_act1870.pdf.
[11] 1989 Supp (1) SCC 696
[12] Akshaya Aji, Court Fees in India: A Balancing Act Between Fiscal Necessity and Access to Justice, Ljrfvoice.Com (Apr. 14, 2025), https://ljrfvoice.com/court-fees-in-india-a-balancing-act-between-fiscal-necessity-and-access-to-justice/.
[13] supra
[14] Court Fees and Access to Justice: A Re-Examination, The Journal of Indian Law and Society (Feb. 10, 2021), https://jilsblognujs.wordpress.com/2021/02/10/court-fees-and-access-to-justice-a-re-examination/.
[15] supra
