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 (v) of section 2 and includes an Assistant Public Prosecutor appointed under section 19.
Bharatiya Nagarik Suraksha Sanhita
Section 298
Savings
Englishहिंदी
⚡ Quick Answer Reference: Section 298 BNSS
- Provision: Section 298 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PLEA BARGAINING
- Jurisdiction: India
- Summary: This section ensures that the provisions of this chapter take priority over any other inconsistent provisions in the act, and it defines what a Public Prosecutor is for this chapter.
Statutory Content
What does Section 298 of BNSS say?
Indian StandardSection 298, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 298 (India)
Court Pleading StandardSection 298 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/298
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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 298 of BNSS mean?
Plain English Explanation
This section ensures that the provisions of this chapter take priority over any other inconsistent provisions in the act, and it defines what a Public Prosecutor is for this chapter.
Practical Interpretation
In practice, this section means that if there's a conflict between this chapter and any other part of the act, this chapter's provisions will prevail, providing clarity for legal proceedings.
Core Legal Purpose
The core purpose is to establish the supremacy of this chapter's provisions and to clarify the role of the Public Prosecutor within its context, ensuring consistency and coherence in legal applications.
Key Legal Elements
- •The provisions of this chapter must be prioritized over any other inconsistent provisions.
- •The definition of Public Prosecutor includes an Assistant Public Prosecutor appointed under section 19.
- •The chapter's provisions should not be constrained by other provisions in the act.
- •The explanation specifically references clause (v) of section 2 for the definition of Public Prosecutor.
Practical Example
Practical Example of Section 298 BNSS
For instance, if Rajesh, a Public Prosecutor, is handling a case that involves conflicting provisions from this chapter and another part of the act, this section ensures that the provisions of this chapter will take precedence, guiding Rajesh's legal strategy and ensuring that the case is prosecuted according to the intent of this chapter.
Common Questions (FAQ)
Frequently Asked Questions about Section 298 BNSS
Q: What is the punishment or consequence under Section 298 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 the interpretation and application of the act's provisions, particularly concerning the role of the Public Prosecutor, which is a public entity function.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in a manner that would classify them as bailable or cognizable; it is focused on procedural and definitional aspects.
People Also Ask (PAA)
Common Questions about Section 298 BNSS
What is Section 298 of BNSS?
Section 298 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Savings". In plain terms: This section ensures that the provisions of this chapter take priority over any other inconsistent provisions in the act, and it defines what a Public Prosecutor is for this chapter.
What is the punishment under Section 298 of BNSS?
Section 298 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 298 of BNSS bailable or non-bailable?
Whether Section 298 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 298 of BNSS?
The essential elements of Section 298 of BNSS are: The provisions of this chapter must be prioritized over any other inconsistent provisions.; The definition of Public Prosecutor includes an Assistant Public Prosecutor appointed under section 19.; The chapter's provisions should not be constrained by other provisions in the act..
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