Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 289
Code: Section 289 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
Section 289 of the BNSS deals with the applicability of the provisions of Chapter XX (relating to summary trial) to accused persons facing certain types of offenses. It outlines the conditions under which a case can be tried summarily.
Sub-section (1) states that this Chapter (Chapter XX) applies to an accused person if:
- (a) The police have forwarded a report under Section 193 alleging that the accused has committed an offense that is not punishable with death, life imprisonment, or imprisonment exceeding seven years.
- (b) A Magistrate has taken cognizance of an offense on complaint (not punishable with death, life imprisonment, or imprisonment exceeding seven years) and after examining the complainant and witnesses under Section 223, has issued process under Section 227.
However, the Chapter does not apply if the offense:
- Affects the socio-economic condition of the country.
- Has been committed against a woman or a child below the age of 14 years.
Sub-section (2) empowers the Central Government to determine, by notification, which offenses under the law for the time being in force shall be considered “offenses affecting the socio-economic condition of the country.”
Illustrations:
- Case 1: A person is accused of theft of a mobile phone. This offense is not punishable with death, life imprisonment, or imprisonment exceeding seven years. If the police forward a report under Section 193 or a Magistrate takes cognizance of the offense, the provisions of Chapter XX can be applied for summary trial.
- Case 2: A person is accused of cheating a bank of a significant amount of money. This offense could be considered as affecting the socio-economic condition of the country. Therefore, Chapter XX would not be applicable for a summary trial.
- Case 3: A person is accused of molesting a child below the age of 14 years. This offense is against a child and therefore Chapter XX would not be applicable for a summary trial.
Common Questions and Answers:
- Q: What is the purpose of Section 289?
- A: To determine the applicability of summary trial procedures in certain types of cases, while excluding offenses that are serious or have a significant impact on society.
- Q: Who decides which offenses affect the socio-economic condition of the country?
- A: The Central Government, through a notification.
- Q: What happens if Chapter XX does not apply?
- A: The case will be tried in the regular manner, with a full trial before a competent court.
