Section 291 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 291 — Guidelines for Mutually Satisfactory Disposition
1. What This Section Is About
Section 291 of the BNSS (2023) lays down the procedure a court must follow when parties in a criminal case want to work out a “mutually satisfactory disposition” under the plea‑bargaining provisions of the law.
A “mutually satisfactory disposition” is a negotiated settlement between the accused and the victim with the court’s supervision, meant to resolve the case by agreement rather than full trial. This is an important part of the plea‑bargaining chapter (Chapter 23) in the BNSS.
2. When Section 291 Applies
This section applies only after an accused has applied for plea bargaining under Section 290 of the BNSS. Once such an application is made, Section 291 tells the court how to initiate and conduct the proceedings to work out a satisfactory settlement between the parties.
3. The Procedure Under Section 291
Section 291 provides different steps depending on how the case began:
(a) Cases Started on a Police Report
When the case was initiated by a police report:
The court must issue notices to:
The Public Prosecutor
The police officer who investigated the case
The accused
The victim
The court then convenes a meeting with these participants to discuss and attempt to work out a settlement.
During this process, the court must ensure that the agreement is reached voluntarily by all parties — no one should be coerced or pressured.
The accused may bring their lawyer/advocate to the meeting if they wish.
(b) Cases Started Otherwise Than on a Police Report
When the case was filed by a private complaint or in some way other than a police report:
The court issues notices to:
The accused
The victim
Those two parties are then brought together in a meeting to work out a settlement.
Again, throughout this process, the court must ensure that the settlement is reached voluntarily.
Either the accused or the victim may choose to have an advocate present at the meeting.
4. Key Principles Embedded in Section 291
Voluntariness
A core requirement is that both sides must agree freely. The court must actively ensure that no party is forced into a settlement.
Judicial Oversight
The court supervises the negotiation — it is not a private negotiation between the accused and victim alone. The judge ensures fairness, voluntariness, and transparency.
Right to Representation
Both accused and victim can participate with legal counsel if they choose, which helps protect their legal interests.
5. Why Section 291 Matters
Section 291 is significant because it:
Formalizes the plea‑bargaining process, ensuring that settlements are carried out in a structured way.
Protects the rights of both accused and victim, especially in ensuring that consent to any arrangement is voluntary.
Bridges the gap between formal trial proceedings and negotiated resolutions, offering an alternative path that can save time and reduce judicial backlog while still safeguarding justice.
6. Simple Practical Example
Imagine a case where the police filed a theft complaint:
The accused files a plea‑bargaining application under Section 290.
Under Section 291, the court calls a meeting with the prosecutor, police investigator, victim, and accused.
At the meeting:
The accused offers to pay compensation.
The victim agrees if the accused also agrees to certain conditions.
The court makes sure this agreement is voluntary and fair.
If both sides agree, the process moves toward recording the settlement and finalizing the case.
In a private dispute (not started by police), the court would only call the accused and victim for such a meeting, but otherwise follow the same steps.
7. Summary of Section 291
| Aspect | What Section 291 Requires |
|---|---|
| Purpose | To guide how courts conduct plea‑bargaining meetings |
| Who is involved | Prosecutor, investigating officer, accused, victim (for police cases); accused and victim (for private complaints) |
| Core duty of court | Ensure settlement is voluntary |
| Right to counsel | Both sides can bring their lawyers |
| Outcome | Work toward a mutually satisfactory disposition |
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