Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 298
Code: Section 298 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section establishes the supremacy of the provisions contained within Chapter of the BNSS. It clarifies that the provisions of this chapter will prevail over any conflicting provisions found elsewhere in the Sanhita. Furthermore, the interpretation of this chapter’s provisions will not be restricted by other sections of the Sanhita.
Illustration:
Suppose a particular section of the BNSS, outside Chapter , establishes a procedure for a specific offense. However, Chapter provides a different and more detailed procedure for the same offense. In this scenario, Section 298 ensures that the procedure outlined in Chapter will take precedence, regardless of the conflicting provision.
Explanation:
This section further defines the term “Public Prosecutor” for the purposes of Chapter . It clarifies that the term includes both the Public Prosecutor as defined in clause (t) of Section 2 and any Assistant Public Prosecutor appointed under Section 19.
Common Questions and Answers:
- Q: What is the purpose of Section 298?
- A: Section 298 ensures the clear and consistent application of the provisions within Chapter of the BNSS. It prevents any conflicting provisions in other sections from undermining the intent and scope of Chapter .
- Q: Does Section 298 create any new provisions?
- A: No, Section 298 does not introduce new provisions. It simply clarifies the relationship between Chapter and other sections of the BNSS, ensuring its provisions take priority.
- Q: How does the definition of “Public Prosecutor” affect the application of Chapter ?
- A: By defining “Public Prosecutor” to include Assistant Public Prosecutors, this section expands the scope of individuals responsible for handling cases under Chapter . It ensures that both Public Prosecutors and Assistant Public Prosecutors have the authority and responsibility to carry out the provisions of this chapter.
