Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 292
Code: Section 292
Explanation:
This section outlines the procedure to be followed by the Court after a meeting convened under Section 291 of the BNSS. Section 291 deals with the Court’s power to refer cases for mediation or other alternative dispute resolution (ADR) methods.
- Satisfactory Disposition: If the meeting under Section 291 results in a resolution or agreement between the parties, the Court is required to prepare a report of the disposition. This report must be signed by the presiding officer and all participants in the meeting.
- No Disposition: If the meeting does not result in a resolution, the Court will record this observation and proceed with the case as if the application for mediation had never been filed. Essentially, the case will revert back to the stage where the application under Section 290 (1) was filed.
Illustration:
Suppose two parties, A and B, are involved in a property dispute. The Court, under Section 291, refers the case to a mediation session. During the mediation, A and B reach an amicable agreement regarding the property division. The Court then prepares a report outlining the terms of the agreement, signed by the presiding officer and both parties.
Common Questions and Answers:
Q: What happens if the parties agree to a settlement during the meeting, but they later change their minds?
A: If the parties subsequently back out of the agreement, the Court will likely proceed with the case as if no settlement had been reached. However, the Court may consider the prior agreement as evidence in the case.
Q: Is the Court obligated to refer every case to mediation under Section 291?
A: No. The Court has discretion to decide whether a case is suitable for mediation. Factors like the nature of the dispute and the likelihood of a successful settlement are considered.
