Code:
In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:—
(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case:
Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:
Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case;
(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:
Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:
Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case.
Explanation:
This section outlines the procedure for courts to follow when working out a mutually satisfactory disposition of a case under Section 290(4)(a) of the BNSS. This refers to situations where the court considers it appropriate to resolve a case through means other than a traditional trial,
such as mediation or restorative justice.
Procedure:
- Case Instituted on Police Report:
- The court must issue notice to:
- The Public Prosecutor
- The investigating police officer
- The accused
- The victim
- All parties must participate in a meeting to discuss a satisfactory
disposition. - The court must ensure that the entire process is voluntary.
- The accused may participate with their lawyer if desired.
- The court must issue notice to:
- Case Instituted Otherwise than on Police Report:
- The court must issue notice to the accused and the victim.
- Both parties must participate in a meeting to discuss a satisfactory
disposition. - The court must ensure that the process is voluntary.
- Both the victim and accused may participate with their lawyers if
desired.
Illustration:
Imagine a minor dispute between two neighbors over a
property boundary. Instead of a lengthy trial, the court could use Section
291 to facilitate a meeting between the neighbors, perhaps with a mediator
present, to try to resolve the issue amicably.
Common Questions and Answers:
- Q: What is a “satisfactory disposition”?
A: It can be anything agreed upon by the parties, including
apologies, compensation, community service, or other forms of
resolution. - Q: Can the court impose a disposition on the parties if they don’t agree?
A: No, the process outlined in Section 291 is strictly voluntary. If
the parties cannot reach a mutually satisfactory outcome, the case will
proceed through the normal legal process. - Q: Who decides if a case is suitable for a satisfactory disposition?
A: The court has the discretion to determine if a case meets the
requirements for this type of resolution.
