Code: Section 289 BNSS
289.
(1) This Chapter shall apply in respect of an accused against whom—
(a) the report has been forwarded by the officer in charge of the police station under Section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or
(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under Section 223, issued the process under Section 227,
but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.
(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.
Explanation of Section 289 BNSS
Scope of Application
Section 289 of the BNSS deals with the specific circumstances under which a chapter of the code applies in criminal cases. It outlines that the provisions apply in cases where:
- A police officer has forwarded a report alleging an offense, except for serious offenses (death penalty, life imprisonment, or imprisonment for more than seven years).
- A Magistrate has taken cognizance of an offense based on a complaint, but again excluding severe offenses.
However, the provisions will not apply in cases where the offense significantly affects the socio-economic condition of the country or when the offense is committed against women or children under the age of fourteen.
The Central Government is authorized to notify and determine which offenses will be classified as affecting the socio-economic condition of the country.
Illustration
Example 1: Application of Chapter to Minor Offenses
A person is accused of a non-severe offense, and the police file a report under Section 193 alleging the crime. As long as the offense does not involve the death penalty or life imprisonment, this chapter will apply to the case.
Example 2: Non-application in Socio-economic Offenses
Suppose an individual is charged with an offense that severely impacts the country’s economy, such as large-scale corruption. Even though the offense does not carry the death penalty or life imprisonment, this chapter will not apply as it affects the socio-economic condition.
Common Questions and Answers on Section 289 BNSS
1. When does Section 289 apply?
- Answer: Section 289 applies to cases where the accused is facing minor offenses, and a police report or a complaint has been filed, excluding cases involving severe offenses or those that impact the socio-economic condition or involve vulnerable victims like women or children.
2. Does Section 289 cover all offenses?
- Answer: No. It specifically excludes offenses that are punishable by death, life imprisonment, or imprisonment for more than seven years, and those that affect the socio-economic condition of the country or involve women and children under fourteen years of age.
3. Who determines which offenses affect the socio-economic condition?
- Answer: The Central Government determines and notifies which offenses are classified as affecting the socio-economic condition of the country.
Conclusion
Section 289 of the BNSS specifies the application of certain provisions of the criminal law to specific offenses and situations. The provisions apply mainly to less severe crimes unless the offense has significant social consequences or involves vulnerable individuals, in which case the chapter does not apply. This ensures that the criminal justice process can be tailored to the severity and context of the crime.
