Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 285
Code: Section 285 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section lays down the procedure and maximum punishment for trials under Chapter 24 of the BNSS, which deals with offenses related to public nuisance.
- Sub-section (1): This subsection states that the procedure followed in summons-case trials under the BNSS will be applicable to trials under Chapter 24, with some exceptions. A summons-case is a trial where the accused is summoned to appear in court.
- Sub-section (2): This subsection sets the maximum punishment for offenses under Chapter 24. It states that no imprisonment exceeding three months can be imposed on conviction for such offenses.
Illustration: Suppose someone throws garbage in a public place, causing a nuisance to the public. This would be an offense under Chapter 24 of the BNSS. If the person is found guilty, they can be punished with a fine or imprisonment not exceeding three months.
Common Questions and Answers:
- Q: What is the difference between a summons-case and a warrant-case?
A: A summons-case is a trial where the accused is summoned to appear in court. A warrant-case is a trial where the accused is arrested and brought before the court. - Q: Can a person be punished with both fine and imprisonment for an offense under Chapter 24?
A: Yes, the court can impose both fine and imprisonment, but the imprisonment cannot exceed three months. - Q: What are some examples of offenses under Chapter 24?
A: Some examples of offenses under Chapter 24 include:- Creating a public nuisance by throwing garbage in a public place
- Playing loud music in a public place at unreasonable hours
- Obstructing a public road
- Disturbing public peace
