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.
Bharatiya Nagarik Suraksha Sanhita
Section 291
Guidelines for mutually satisfactory disposition
⚡ Quick Answer Reference: Section 291 BNSS
- Provision: Section 291 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PLEA BARGAINING
- Jurisdiction: India
- Summary: This section outlines the procedure for the Court to follow in working out a mutually satisfactory disposition of a case, ensuring voluntary participation by all parties.
What does Section 291 of BNSS say?
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What does Section 291 of BNSS mean?
Plain English Explanation
This section outlines the procedure for the Court to follow in working out a mutually satisfactory disposition of a case, ensuring voluntary participation by all parties.
Practical Interpretation
In practice, this section requires the Court to issue notices to relevant parties, including the Public Prosecutor, police officer, accused, and victim, to participate in a meeting to reach a satisfactory disposition, with the option for parties to be represented by their advocates.
Core Legal Purpose
The core purpose of this section is to provide a framework for the Court to facilitate a voluntary and mutually satisfactory resolution of cases, promoting efficiency and fairness in the judicial process.
- •The Court must issue notice to all relevant parties, including the Public Prosecutor, police officer, accused, and victim, to participate in the meeting.
- •The entire process of working out a satisfactory disposition must be completed voluntarily by the parties participating in the meeting.
- •The key legal test is whether the parties are participating voluntarily in the process.
- •A key exception is that the accused or victim may participate in the meeting with their advocate, if they so desire.
Practical Example of Section 291 BNSS
For instance, in a case where Rajesh is accused of assaulting Priya, the Court may issue notices to Rajesh, Priya, the Public Prosecutor, and the police officer who investigated the case, to participate in a meeting to work out a satisfactory disposition. If Rajesh and Priya agree to participate voluntarily, with Rajesh represented by his advocate, Amit, the Court can facilitate a discussion to reach a mutually satisfactory resolution, such as a compromise or settlement, ensuring that the process is fair and efficient.
Frequently Asked Questions about Section 291 BNSS
Q: What is the punishment or consequence under Section 291 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to all parties involved in a case, including private individuals and public entities, such as the Public Prosecutor and police officers.
Q: Is an offence under this section bailable or cognizable?
This section is not related to the classification of offences as bailable or cognizable, as it is a procedural provision.
Common Questions about Section 291 BNSS
What is Section 291 of BNSS?
Section 291 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Guidelines for mutually satisfactory disposition". In plain terms: This section outlines the procedure for the Court to follow in working out a mutually satisfactory disposition of a case, ensuring voluntary participation by all parties.
What is the punishment under Section 291 of BNSS?
Section 291 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 291 of BNSS bailable or non-bailable?
Whether Section 291 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 291 of BNSS?
The essential elements of Section 291 of BNSS are: The Court must issue notice to all relevant parties, including the Public Prosecutor, police officer, accused, and victim, to participate in the meeting.; The entire process of working out a satisfactory disposition must be completed voluntarily by the parties participating in the meeting.; The key legal test is whether the parties are participating voluntarily in the process..
Landmark Judgments under Section 291 BNSS
Sections commonly cited alongside Section 291
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