Section 289 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 289 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the applicability of Chapter XXIII, which pertains to plea bargaining, in criminal proceedings.
📜 Text of Section 289
289. Application of Chapter
Scope of Application: This Chapter applies to an accused against whom:
(a) A report has been forwarded by the officer in charge of the police station under Section 193, alleging that an offense appears to have been committed by the accused, other than an offense punishable by death, life imprisonment, or imprisonment exceeding seven years; or
(b) A Magistrate has taken cognizance of an offense on complaint, other than an offense punishable by death, life imprisonment, or imprisonment exceeding seven years, and after examining the complainant and witnesses under Section 223, issued process under Section 227.(
Determination of Offenses Affecting Socio-Economic Condition: For the purposes of sub-section (1), the Central Government shall, by notification, determine the offenses under the law for the time being in force which shall be considered as offenses affecting the socio-economic condition of the country.
⚖️ Legal Context
Section 289 of the BNSS, 2023 specifies the conditions under which the provisions related to plea bargaining are applicable. It ensures that such provisions are not applied to serious offenses or those that have significant social implications, thereby maintaining the integrity of the legal process.
🧭 Practical Implications
Eligibility for Plea Bargaining: Accused individuals facing lesser offenses, as defined under this section, may be eligible to engage in plea bargaining, potentially leading to reduced sentences.
Exclusions: Offenses that are severe or have a substantial impact on society, or those involving vulnerable individuals like women and children, are excluded from the scope of plea bargaining under this section.
Government Notification: The Central Government plays a crucial role in identifying and notifying offenses that affect the socio-economic condition of the country, thereby guiding the application of plea bargaining provisions.
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