Section 293 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 293 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure for disposing of a case following a satisfactory disposition under Section 292, focusing on victim compensation and sentencing options for the accused.(
Text of Section 293
Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner:
Awarding Compensation: The Court shall award compensation to the victim in accordance with the disposition under section 292.
Hearing on Punishment: The Court shall hear the parties on the quantum of punishment, considering the release of the accused on probation of good conduct or after admonition under section 401, or dealing with the accused under the provisions of the Probation of Offenders Act, 1958, or any other law for the time being in force.
Release on Probation: After hearing the parties, if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958, or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law.
Sentencing:
Minimum Punishment: If the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment.
First-Time Offender: Where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment.(jurisquest.com)
No Minimum Punishment: If the offence committed by the accused is not covered under the above clauses, the Court may sentence the accused to one-fourth of the punishment provided or extendable for such offence.(taxmanagementindia.com)
First-Time Offender (No Minimum Punishment): Where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable for such offence.(vlaoffice.com)
Explanation
Section 293 provides a framework for disposing of cases where a satisfactory resolution has been achieved under Section 292, emphasizing restorative justice and rehabilitation. The section allows for the award of compensation to the victim and offers the Court discretion in sentencing, including the possibility of probation and reduced sentences, particularly for first-time offenders.(apnilaw.com)
Significance
Restorative Justice: By focusing on victim compensation and rehabilitation of the offender, Section 293 aims to restore harmony and address the needs of both parties involved.
Discretionary Sentencing: The provisions allow the Court to tailor the punishment to the circumstances of the case, considering factors like the nature of the offence and the offender's history.
Support for First-Time Offenders: The reduced sentencing options for first-time offenders reflect a rehabilitative approach, encouraging reintegration into society.
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