Section 293 of BNSS : Section 293: Disposal of case.
BNSS
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Explanation using Example
Example 1:
Rajesh, a first-time offender, is accused of theft under Section 379 of the Indian Penal Code, which carries a minimum punishment of 1 year imprisonment. Rajesh and the prosecution reach a satisfactory disposition under Section 292 of the Bharatiya Nagarik Suraksha Sanhita 2023. The Court, under Section 293, decides to dispose of the case as follows:
- (a) The Court awards compensation to the victim for the stolen goods and hears both parties on the quantum of punishment.
- (b) The Court considers releasing Rajesh on probation under the Probation of Offenders Act, 1958, but decides against it.
- (c) Since the minimum punishment for theft is 1 year, the Court sentences Rajesh to half of the minimum punishment, which is 6 months, because he is a first-time offender.
Example 2:
Meena, a first-time offender, is accused of causing grievous hurt under Section 325 of the Indian Penal Code, which carries a minimum punishment of 3 years imprisonment. Meena and the prosecution reach a satisfactory disposition under Section 292 of the Bharatiya Nagarik Suraksha Sanhita 2023. The Court, under Section 293, decides to dispose of the case as follows:
- (a) The Court awards compensation to the victim for medical expenses and hears both parties on the quantum of punishment.
- (b) The Court considers releasing Meena on probation under the Probation of Offenders Act, 1958, but decides against it.
- (c) Since the minimum punishment for causing grievous hurt is 3 years, the Court sentences Meena to one-fourth of the minimum punishment, which is 9 months, because she is a first-time offender.