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BNSS Section 291,292,293,294,285,296,297,298,299,300 Bharatiya Nagarik Suraksha Sanhita

Section 291 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Guidelines for mutually satisfactory disposition.


In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:—


(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case:


Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:


Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case;


(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:


Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting


Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case.


Section 292 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Report of mutually satisfactory disposition to be submitted before Court.


Where in a meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed

by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Sanhita from the stage the application under sub-section (1) of section 290 has been filed in such case.


Section 293 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Disposal of case.


Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner, namely:—


(a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;


(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law;


(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused,

it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past,

it may sentence the accused to one-fourth of such minimum punishment;


(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then,

it may sentence the accused to one-fourth of the punishment provided or extendable,

as the case may be, for such offence and where the accused is a first-time offender

and has not been convicted of any offence in the past, it may sentence the accused to 30 one-sixth of the punishment provided or extendable, as the case may be, for such offence.


Section 294 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Judgment of Court.


The Court shall deliver its judgment in terms of section 293 in the open Court and the same shall be signed by the presiding officer of the Court.


Section 295 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Finality of judgement.


The judgment delivered by the Court under this section shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226

and 227 of the Constitution) shall lie in any Court against such judgment.


Section 296 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Power of Court in plea bargaining.


A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating

to the disposal of a case in such Court under this Sanhita.


Section 297 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Period of detention undergone by accused to be set off against sentence of imprisonment.


The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita.


Section 298 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Savings.


The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.


Explanation: For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning assigned to it under clause (t) of section 2 and includes an Assistant Public Prosecutor appointed under section 19.


Section 299 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Statements of accused not to be used.


Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter.


Section 300 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Non-application of Chapter.


Nothing in this Chapter shall apply to any juvenile or child as defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.



Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS):


Section 30 to Section 40 of BNSS (Provisions relating to Arrest starting from Section 35):




Section 144-163 (Section 144,145,146 and 147 relate maintenance proceedings):



Section 173-Section 187 (including section 173 relating to FIR):



Section 188 to Section 209 (including section 193 relating to chargesheet/police report):



Section 210 to Section 222 (including provisions relating to cognizance):



Section 473 to Section 492) (Including Section 480, Section 481, Section 482, Section 483, Section 484, Section 485 that is, provisions relating to bail):



BNSS Section 291,292,293,294,285,296,297,298,299,300 Bharatiya Nagarik Suraksha Sanhita




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