Section 291 BNSS: Guidelines for Mutually Satisfactory Disposition
Section 291 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure the Court must follow while the parties work out a mutually satisfactory disposition under clause (a) of sub-section (4) of Section 290. The provision forms part of the BNSS framework on plea bargaining and emphasizes notice to the required participants and voluntariness throughout the process.
What Section 291 BNSS provides
Section 291 applies after the Court is satisfied under Section 290(4)(a) that the plea bargaining application has been filed voluntarily and provides time to work out a mutually satisfactory disposition. The procedure differs depending on whether the case was instituted on a police report or otherwise than on a police report.
Text of Section 291 BNSS
291. 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.
Procedure under Section 291
- Police-report cases: the Court issues notice to the Public Prosecutor, investigating police officer, accused and victim to participate in the meeting.
- Cases otherwise than on a police report: the Court issues notice to the accused and the victim.
- Voluntary process: the Court must ensure throughout the process that the mutually satisfactory disposition is reached voluntarily by the participating parties.
- Legal representation: the provision permits participation with an advocate in the circumstances stated in clauses (a) and (b).
Meaning of mutually satisfactory disposition
In the context of plea bargaining under Section 290, a mutually satisfactory disposition is the agreed resolution worked out through the court-supervised process. Section 290(4)(a) states that the disposition may include compensation and other expenses to be given by the accused to the victim. Section 291 then prescribes who must be involved in the meeting and requires the Court to safeguard voluntariness.
Relationship with Sections 290 and 292
Section 290 deals with the application for plea bargaining and the Court's initial examination of whether it has been filed voluntarily. Once the Court proceeds under Section 290(4)(a), Section 291 governs the meeting for working out the disposition. If a satisfactory disposition is reached, Section 292 requires the Court to prepare a report signed by the presiding officer and the persons who participated in the meeting. If no disposition is worked out, the Court records that fact and proceeds in accordance with the Sanhita from the stage specified in Section 292.
Key legal effect of Section 291
Official sources
For the authoritative text and commencement information, refer to the official India Code and Ministry of Home Affairs resources.