Section 89 of the Bharatiya Nyaya Sanhita (BNS), 2023
🔹 Section 89 – Power of the Court to Order Mediation or Conciliation
🔸 Text of Section 89, BNS 2023 (Paraphrased)
When it appears to the Court that there exists a possibility of settlement or compromise between parties in a civil or criminal case, the Court may, at any stage of the proceedings, refer the matter to mediation or conciliation.
The Court may appoint a mediator or conciliator or direct the parties to approach a recognized mediation center.
The settlement arrived at through mediation or conciliation, if agreed by the parties, shall be recorded and enforced as a decree of the Court.
If no settlement is reached, the case proceeds as usual.
✅ Detailed Explanation
1. When Can This Power Be Used?
The Court may use this power at any stage of the case — from initial filing through trial and even appeals.
Applicable to civil cases and criminal cases where compromise is permissible (e.g., compoundable offences).
2. What Is Mediation or Conciliation?
Mediation: A neutral third party (mediator) helps parties communicate and negotiate a voluntary settlement.
Conciliation: Similar to mediation but may involve the conciliator proposing terms for settlement.
3. Who Can Be Involved?
The Court may appoint:
A trained mediator or conciliator.
Direct parties to recognized mediation centers or institutions.
4. Legal Status of Settlement
If parties reach an agreement:
The settlement is recorded by the Court.
It has the force of a court decree.
It is binding and enforceable like any other judgment.
5. If No Settlement Occurs
The case proceeds in the usual manner.
No adverse inference or penalty for attempting mediation.
🔹 Purpose and Importance
To reduce litigation burden on courts.
Promote amicable resolution of disputes.
Save time and costs for parties.
Encourage harmonious settlements.
Increase access to justice through alternative dispute resolution (ADR).
📌 Summary Table
| Aspect | Detail |
|---|---|
| When used | Any stage of civil or compoundable criminal case |
| What happens | Referral to mediation or conciliation |
| Who mediates | Court-appointed mediator/conciliator or mediation center |
| Outcome of settlement | Recorded as decree, binding and enforceable |
| If no settlement | Case continues normally |
📌 Example Scenario
In a civil property dispute, before trial, the judge suggests mediation.
Parties agree to try mediation at a recognized center.
Through mediation, parties settle on division of property.
The settlement is recorded by the Court and becomes enforceable.
The case is disposed of without further trial.
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