Code: Section 293 BNSS
293.
Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner, namely:—
(a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;
(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law;
(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment;
(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable for such offence and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence.
Explanation of Section 293 BNSS
Section 293 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) details the process for the Court to dispose of a case once a satisfactory resolution has been achieved under Section 292. The section outlines the various ways the Court can approach sentencing, focusing on the flexibility to impose reduced sentences, release the accused on probation, or apply relevant laws, such as the Probation of Offenders Act, 1958. The Court must take into consideration whether the accused is a first-time offender, and whether the nature of the offense justifies a reduction in punishment.
Illustration
Example 1: Compensation to the Victim
In a case where a theft occurred, the Court, after considering the satisfactory disposition under Section 292, awards compensation to the victim and hears the parties regarding the appropriate punishment for the accused.
Example 2: Probation or Admonition
The Court, upon hearing the parties, believes that the accused should benefit from the provisions of the Probation of Offenders Act, 1958 and thus releases the accused on probation, considering the nature of the offense and the offender’s background.
Example 3: Reduced Sentence for a First-Time Offender
A first-time offender convicted of a crime that carries a minimum punishment of 2 years imprisonment. The Court, upon hearing the parties, sentences the accused to one-fourth of the minimum punishment (6 months) due to their clean criminal record.
Common Questions and Answers on Section 293 BNSS
1. What is the first step for the Court when disposing of a case under Section 293?
- Answer: The Court must award compensation to the victim as outlined in Section 292 and then hear the parties regarding the quantum of punishment for the accused.
2. How does the Court determine whether to release the accused on probation or under other laws?
- Answer: The Court will hear the parties and consider if the provisions of Section 401, the Probation of Offenders Act, 1958, or any other relevant law apply to the case.
3. What happens if the accused is a first-time offender?
- Answer: If the accused is a first-time offender and has not been convicted of any prior offense, the Court may reduce the punishment further, as outlined in Section 293(c) and (d).
4. How does the Court handle cases with minimum punishment requirements?
- Answer: The Court may sentence the accused to half of the minimum punishment under the law or, for first-time offenders, one-fourth of the minimum punishment.
5. Can the Court reduce the punishment even further than what is prescribed under the law?
- Answer: Yes, the Court may reduce the sentence to one-fourth or even one-sixth of the punishment depending on factors like prior offenses and whether the accused is a first-time offender.
Conclusion
Section 293 of the BNSS provides the Court with the flexibility to impose a range of punishments, taking into account factors such as the nature of the offense, the offender’s history, and the provisions of related laws, like the Probation of Offenders Act, 1958. This ensures that punishments are not only just and fair but also tailored to the circumstances of each case.
