Section 291 BNSS: Guidelines for mutually satisfactory disposition (Formerly Section 265C CrPC)

Section 291 of Bharatiya Nagarik Suraksha Sanhita, 2023: Guidelines for mutually satisfactory disposition

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 291

Section 291 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides statutory guidelines for working out a mutually satisfactory disposition between the parties.

Core Legal Standard: Section 291 outlines the collaborative negotiation process: in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the investigating officer, the accused, and the victim to participate in a meeting to work out a mutually satisfactory disposition, which may include victim compensation and other legal expenses.
Operational Mechanism: In a complaint case, the notice is issued to the complainant and the accused.

The process is facilitated by the Court, ensuring that the victim is an active, consenting participant in the restorative outcome.

Key Landmark Precedents:

State of Gujarat v. Natwar Harchandji Thakor (2005) 1 GLR 709: The Court affirmed that active victim participation and fair compensation are mandatory pillars of the statutory plea bargaining architecture under Indian law.
Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: Highlighted that restorative criminal mechanisms must balance victim rehabilitation with societal deterrence.

Legal Commentary:

Section 291 places the victim at the center of the settlement. Unlike traditional civil settlements, the investigating officer and prosecutor participate, and adequate financial restitution for bodily, economic, or emotional injury is negotiated under judicial supervision.