Section 298 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 298: Savings
Text of the Section:
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.
🧭 Purpose and Context
Section 298 of the BNSS, 2023, serves as a "savings clause" within the legislation. It ensures that the provisions of the specific Chapter it pertains to take precedence over any conflicting provisions in other parts of the Sanhita. This means that if there is any inconsistency between the rules in this Chapter and those in other Chapters, the rules in this Chapter will prevail.
Additionally, the section clarifies the definition of "Public Prosecutor" for the purposes of this Chapter, aligning it with the definition provided in Section 2(v) of the BNSS and explicitly including Assistant Public Prosecutors appointed under Section 19.
⚖️ Comparison with the Code of Criminal Procedure (CrPC)
Section 298 of the BNSS, 2023, corresponds to Section 265K of the Code of Criminal Procedure (CrPC), 1973. Both sections establish the overriding effect of the provisions within their respective Chapters, ensuring that specific rules are not constrained by general provisions elsewhere in the legislation
🧭 Significance
Ensures Consistency: By establishing the supremacy of the provisions within the specific Chapter, this section ensures that the intended procedures and rules are consistently applied, without being undermined by conflicting provisions elsewhere in the Sanhita.
Clarifies Definitions: The explicit definition of "Public Prosecutor" within this context removes any ambiguity, ensuring that all parties involved have a clear understanding of the roles and responsibilities of the Public Prosecutor and Assistant Public Prosecutors in the proceedings
Facilitates Legal Procedures: By providing clarity and precedence, Section 298 aids in the smooth functioning of legal procedures, reducing potential legal challenges based on conflicting provisions.
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