Section 300 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 300 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 specifically addresses the non-application of the provisions within Chapter 23, which pertains to plea bargaining, to juveniles and children. This is in alignment with the Juvenile Justice (Care and Protection of Children) Act, 2015, which governs the legal proceedings involving individuals under the age of 18
🧾 Section 300: Non-Application of Chapter
Section 300 states:
"Nothing in this Chapter shall apply to any juvenile or child as defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015."
This provision ensures that the procedures and provisions related to plea bargaining outlined in Chapter 23 of the BNSS do not apply to juveniles or children. Instead, their cases are governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, which focuses on rehabilitation and care rather than punitive measures.(
⚖️ Legal Context
This section mirrors the approach taken in the Code of Criminal Procedure (CrPC), 1973, where similar provisions exist to exclude juveniles from certain procedural laws, ensuring that their legal treatment is in line with their age and capacity.
🔍 Practical Implications
For Juveniles and Children: This ensures that they are not subjected to plea bargaining processes that are designed for adults, aligning with the rehabilitative focus of juvenile justice.
For Legal Practitioners: It is crucial to recognize that cases involving juveniles or children are to be handled under the Juvenile Justice Act, and not under the provisions of the BNSS related to plea bargaining.
For the Judiciary: Courts must ensure that the legal proceedings involving juveniles and children adhere to the specific provisions of the Juvenile Justice Act, prioritizing their rehabilitation and protection.
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