Enacted during British colonial rule, the Court Fees Act, 1870 established a uniform system of court fees across India to generate revenue for the administration of justice while regulating access to courts. This fiscal legislation continues to govern court fee payments in contemporary India with periodic state-level amendments.
Key Provisions:
Fee Structure (Sections 6-19):
Specifies ad valorem and fixed fees for different legal proceedings
Distinguishes between suits, appeals, and other petitions
Valuation of Suits (Sections 7-17):
Provides methodology for calculating fees based on claim value
Includes special provisions for specific cases (e.g., injunction suits)
Fee Payment & Verification (Sections 28-32):
Mandates stamp papers or e-stamping for fee payment
Requires verification of document valuation
Exemptions (Section 19):
Grants relief to indigent persons (pauper litigants)
Provides special exemptions for government cases
The Act serves dual purposes: maintaining judicial infrastructure through revenue generation while ensuring equitable access to justice. Various states have amended schedules to adjust fee amounts, but the core framework remains unchanged since 1870.