Section 291 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Guidelines For Mutually Satisfactory Disposition.

Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 291

Code: Section 291 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)

Explanation: This section outlines the procedure for courts to follow
when working out a mutually satisfactory disposition of a case under Section
290(4)(a) of the BNSS. This refers to situations where the court considers it
appropriate to resolve a case through means other than a traditional trial,
such as mediation or restorative justice.

Procedure:

• Case Instituted on Police Report:
  • The court must issue notice to:
    • The Public Prosecutor
    • The investigating police officer
    • The accused
    • The victim
  • All parties must participate in a meeting to discuss a satisfactory
    disposition.
  • The court must ensure that the entire process is voluntary.
  • The accused may participate with their lawyer if desired.
• Case Instituted Otherwise than on Police Report:
  • The court must issue notice to the accused and the victim.
  • Both parties must participate in a meeting to discuss a satisfactory
    disposition.
  • The court must ensure that the process is voluntary.
  • Both the victim and accused may participate with their lawyers if
    desired.

Illustration: Imagine a minor dispute between two neighbors over a
property boundary. Instead of a lengthy trial, the court could use Section
291 to facilitate a meeting between the neighbors, perhaps with a mediator
present, to try to resolve the issue amicably.

Common Questions and Answers:

• Q: What is a “satisfactory disposition”?
  
  A: It can be anything agreed upon by the parties, including
  apologies, compensation, community service, or other forms of
  resolution.
• Q: Can the court impose a disposition on the parties if they don’t agree?
  
  A: No, the process outlined in Section 291 is strictly voluntary. If
  the parties cannot reach a mutually satisfactory outcome, the case will
  proceed through the normal legal process.
• Q: Who decides if a case is suitable for a satisfactory disposition?
  
  A: The court has the discretion to determine if a case meets the
  requirements for this type of resolution.