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Bharatiya Nagarik Suraksha Sanhita

Section 293

Disposal of case

Quick Answer Reference: Section 293 BNSS

  • Provision: Section 293 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PLEA BARGAINING
  • Jurisdiction: India
  • Summary: If a case is settled under Section 292, the court will decide on compensation for the victim and the punishment for the accused. The court will consider releasing the accused on probation or reducing the punishment if the accused is a first-time offender.
Statutory Content

What does Section 293 of BNSS say?

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 (20 of 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 (20 of 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 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 one-sixth of the punishment provided or extendable, for such offence.

Indian StandardSection 293, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 293 (India)
Court Pleading StandardSection 293 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/293

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose

What does Section 293 of BNSS mean?

Plain English Explanation

If a case is settled under Section 292, the court will decide on compensation for the victim and the punishment for the accused. The court will consider releasing the accused on probation or reducing the punishment if the accused is a first-time offender.

Practical Interpretation

In practice, this section means that the court will follow a structured approach to disposing of the case, taking into account the settlement reached under Section 292. The court will consider the quantum of punishment, the accused's eligibility for probation, and the minimum punishment required by law.

Core Legal Purpose

The core purpose of this section is to provide a fair and structured approach to disposing of cases where a settlement has been reached under Section 292. This section aims to balance the need for punishment with the need for rehabilitation and restorative justice.

Key Legal Elements
  • A satisfactory disposition of the case has been worked out under Section 292.
  • The court shall award compensation to the victim in accordance with the disposition under Section 292.
  • The court shall hear the parties on the quantum of punishment, releasing the accused on probation of good conduct or after admonition.
  • The court shall follow the procedure specified in the succeeding clauses for imposing the punishment on the accused.
Practical Example

Practical Example of Section 293 BNSS

Rajesh, a first-time offender, is accused of causing harm to Priya. Under Section 292, Rajesh and Priya reach a settlement, where Rajesh agrees to pay compensation to Priya. The court, under Section 293, awards the compensation to Priya and considers releasing Rajesh on probation. Since Rajesh is a first-time offender, the court may sentence him to one-fourth of the minimum punishment required by law.

Common Questions (FAQ)

Frequently Asked Questions about Section 293 BNSS

Q: What is the punishment or consequence under Section 293 of BNSS?

Under Section 293, the court may sentence the accused to half of the minimum punishment required by law, or one-fourth of the minimum punishment if the accused is a first-time offender. The court may also release the accused on probation or reduce the punishment if the accused is eligible.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a general provision for disposing of cases where a settlement has been reached under Section 292.

Q: Is an offence under this section bailable or cognizable?

This section does not classify the offence as bailable or cognizable, as it is a procedural provision for disposing of cases. However, the underlying offence may be bailable or cognizable depending on the specific circumstances.

People Also Ask (PAA)

Common Questions about Section 293 BNSS

What is Section 293 of BNSS?

Section 293 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Disposal of case". In plain terms: If a case is settled under Section 292, the court will decide on compensation for the victim and the punishment for the accused. The court will consider releasing the accused on probation or reducing the punishment if the accused is a first-time offender.

What is the punishment under Section 293 of BNSS?

Section 293 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 293 of BNSS bailable or non-bailable?

Whether Section 293 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 293 of BNSS?

The essential elements of Section 293 of BNSS are: A satisfactory disposition of the case has been worked out under Section 292.; The court shall award compensation to the victim in accordance with the disposition under Section 292.; The court shall hear the parties on the quantum of punishment, releasing the accused on probation of good conduct or after admonition..

Landmark Case Laws

Landmark Judgments under Section 293 BNSS

2014 8 SCC 273

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India