(1) This Chapter shall apply in respect of an accused against whom— (a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child. (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.
Bharatiya Nagarik Suraksha Sanhita
Section 289
Application of Chapter
⚡ Quick Answer Reference: Section 289 BNSS
- Provision: Section 289 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PLEA BARGAINING
- Jurisdiction: India
- Summary: This section applies to accused individuals when a police report or a Magistrate's complaint alleges an offence with a punishment of less than 7 years imprisonment, except for offences affecting the country's socio-economic condition, women, or children.
What does Section 289 of BNSS say?
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What does Section 289 of BNSS mean?
Plain English Explanation
This section applies to accused individuals when a police report or a Magistrate's complaint alleges an offence with a punishment of less than 7 years imprisonment, except for offences affecting the country's socio-economic condition, women, or children.
Practical Interpretation
In practice, this section guides when this chapter's provisions are applicable, focusing on the nature and severity of the alleged offence, ensuring specific serious crimes are handled differently.
Core Legal Purpose
The core purpose is to delineate the scope of this chapter's application, distinguishing between less severe crimes and those with significant socio-economic impacts or victimizing vulnerable groups.
- •A report forwarded by the police station under section 193 alleging an offence with a punishment of less than 7 years.
- •A Magistrate taking cognizance of an offence on complaint with similar punishment criteria.
- •The key legal test is the nature and punishment of the alleged offence.
- •Exceptions include offences affecting the socio-economic condition of the country, or those committed against women or children.
Practical Example of Section 289 BNSS
Rajesh is accused of theft with a potential imprisonment term of 5 years. Since this offence does not exceed 7 years imprisonment and does not affect the socio-economic condition of the country, nor is it committed against a woman or child, this section applies. The chapter's provisions will guide the legal process for Rajesh's case.
Frequently Asked Questions about Section 289 BNSS
Q: What is the punishment or consequence under Section 289 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It determines the applicability of the chapter based on the offence's nature and punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to accused individuals, which can include both private individuals and public entities, depending on who is alleged to have committed the offence.
Q: Is an offence under this section bailable or cognizable?
The bailability or cognizability of an offence is not directly addressed in this section. Those determinations depend on the specific offence and other legal provisions.
Common Questions about Section 289 BNSS
What is Section 289 of BNSS?
Section 289 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Application of Chapter". In plain terms: This section applies to accused individuals when a police report or a Magistrate's complaint alleges an offence with a punishment of less than 7 years imprisonment, except for offences affecting the country's socio-economic condition, women, or children.
What is the punishment under Section 289 of BNSS?
Section 289 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 289 of BNSS bailable or non-bailable?
Whether Section 289 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 289 of BNSS?
The essential elements of Section 289 of BNSS are: A report forwarded by the police station under section 193 alleging an offence with a punishment of less than 7 years.; A Magistrate taking cognizance of an offence on complaint with similar punishment criteria.; The key legal test is the nature and punishment of the alleged offence..
Landmark Judgments under Section 289 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 289
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