Section 291 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
**Section 291 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** establishes guidelines for facilitating a mutually satisfactory resolution between the accused and the victim in criminal cases. This process is akin to plea bargaining and is designed to promote restorative justice.([legalserviceindia.com][1])
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### 📜 Text of Section 291
**Section 291: Guidelines for Mutually Satisfactory Disposition**([indiankanoon.org][2])
In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure:([lawfyi.io][3])
1. **In Cases 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 a meeting to work out a satisfactory disposition of the case.
* Throughout this process, the Court must ensure that the entire process is completed voluntarily by all parties participating in the meeting.
* The accused may participate in such a meeting with their advocate, if any, engaged in the case.([lawfyi.io][3])
2. **In Cases Instituted Otherwise Than on a 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.
* The Court must ensure that the entire process is completed voluntarily by all parties participating in the meeting.
* The victim or the accused may participate in such a meeting with their advocate, if any, engaged in the case.([prashantkanha.com][4])
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### ⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 291 of the BNSS is analogous to **Section 265C of the Cr.P.C.**, which similarly outlines the procedure for working out a mutually satisfactory disposition in criminal cases. Both provisions emphasize voluntary participation and the involvement of legal representatives.([lawfyi.io][3])
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### 🧭 Practical Implications
* **Encouraging Restorative Justice**: By facilitating dialogue between the accused and the victim, Section 291 promotes restorative justice, aiming to repair harm and restore relationships.
* **Ensuring Voluntary Participation**: The requirement for voluntary participation ensures that any resolution reached is genuine and not coerced.
* **Legal Representation**: Allowing the presence of legal representatives ensures that both parties are adequately informed and their rights are protected during the process.
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