Section 298 BNSS - Savings in Plea Bargaining
Section 298 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the savings provision in Chapter XXIII on plea bargaining. It gives the provisions of that Chapter overriding effect over inconsistent provisions elsewhere in the BNSS.
Statutory text of Section 298 BNSS
298. Savings. 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.
Meaning and effect of Section 298
The opening words create a non-obstante rule for Chapter XXIII. In practical terms, if another provision of the BNSS is inconsistent with a provision governing plea bargaining in Chapter XXIII, the plea-bargaining provision is to operate for matters covered by that Chapter.
The second part of Section 298 reinforces that result by stating that provisions elsewhere in the Sanhita should not be interpreted so as to restrict the meaning of a provision in Chapter XXIII. The overriding effect is therefore tied to the plea-bargaining Chapter; Section 298 is not a general override of laws outside that context.
Meaning of "Public Prosecutor" for this Chapter
The Explanation links the expression "Public Prosecutor" to clause (v) of Section 2 BNSS. Section 2(v) defines a Public Prosecutor as a person appointed under Section 18 and includes a person acting under the directions of a Public Prosecutor.
For Chapter XXIII, Section 298 additionally includes an Assistant Public Prosecutor appointed under Section 19 BNSS. This inclusion is relevant wherever the plea-bargaining provisions require participation of, or reference to, the Public Prosecutor.
Why Section 298 matters in plea bargaining
- It gives Chapter XXIII priority over inconsistent provisions within the BNSS for matters governed by plea bargaining.
- It prevents other BNSS provisions from being read in a way that narrows the intended operation of Chapter XXIII.
- It expressly brings Assistant Public Prosecutors appointed under Section 19 within the expression "Public Prosecutor" for this Chapter.
- It should be read with the surrounding provisions dealing with the plea-bargaining process, court powers, sentencing consequences and protection of statements made in the plea-bargaining application.
Related BNSS provisions
Section 298 forms part of the statutory sequence on plea bargaining. The immediately preceding provision, Section 297, deals with setting off the period of detention undergone by an accused against the sentence imposed under the Chapter. The next provision, Section 299, restricts the use of statements or facts stated by an accused in an application for plea bargaining for purposes outside the Chapter.
Corresponding provision under the Code of Criminal Procedure, 1973
Section 298 BNSS substantially corresponds to Section 265J of the Code of Criminal Procedure, 1973, which was the savings provision in the earlier plea-bargaining chapter. For proceedings affected by the transition from the CrPC to the BNSS, the applicable law should be identified with reference to the commencement and savings provisions governing the particular proceeding.