Section 298 BNSS: Savings (Formerly Section 265J CrPC)

Section 298 of Bharatiya Nagarik Suraksha Sanhita, 2023: Savings

Official Bare Act Text

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

The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.

Explanation — —For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under section 19.

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 298

Section 298 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a savings clause preserving the concurrent operation of the Juvenile Justice Act and Probation of Offenders Act.

Core Legal Standard: Section 298 provides that the provisions of Chapter XXI shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Sanhita.
Penal Consequences & Liability: Nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter, provided that nothing in this Chapter shall apply to any juvenile or child as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Section 298 ensures harmony between criminal procedure and specialized child welfare enactments, preserving the non-obstante protections of the Juvenile Justice Act.

Key Landmark Precedents:

State of Gujarat v. Natwar Harchandji Thakor (2005) 1 GLR 709: Affirmed that the special restorative and rehabilitative mechanisms of the Juvenile Justice Act supersede ordinary criminal code procedures, preserving juvenile protections.
Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Reaffirmed the inviolable statutory primacy of juvenile justice legislation over general criminal procedural codes.

Legal Commentary:

Section 298 ensures that juvenile offenders are never subjected to regular adult plea bargaining procedures. Juvenile proceedings remain strictly within the exclusive jurisdiction of Juvenile Justice Boards.