What Is BNSS Section 260?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 260: Procedure in Cases Instituted Under Subsection (1) of Section 223

(1) A Court of Session taking cognizance of an offence under sub-section (1) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate: Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.

(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.

(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.

(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.

(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.

(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.

(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.

(8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

Brief Detail

This section outlines the procedure for trials of certain offenses in the Bharatiya Nagarik Suraksha Sanhita, 2023. It establishes that:

• Trials are to be conducted by a Court of Session following specific procedures.
• Victims may be required to testify as prosecution witnesses.
• Trials can be held in camera upon request.
• If accused are acquitted without reasonable cause for accusation, the complainant may be ordered to pay compensation.
• Compensation amounts are capped at five thousand rupees and must be paid as per legal guidelines.
• The order for compensation does not exempt the complainant from civil or criminal liability.
• Complainants can appeal compensation orders to the High Court.
• Compensation payments are withheld pending appeal decisions.

Question & Answers

What procedure must a Court of Session follow when taking cognizance of an offence under sub-section (1) of section 222?

A Court of Session shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate.

Can trials be held in public?

No, every trial under this section shall be held in camera if either party requests it or if the Court deems it appropriate.

What happens if the Court discharges or acquits the accused?

If the Court believes there was no reasonable cause for the accusation, it may direct the complainant to show cause why they should not pay compensation to the accused.

What is the maximum amount of compensation that can be awarded?

The compensation shall not exceed five thousand rupees.

Can a person who has been ordered to pay compensation appeal the decision?

Yes, the person may appeal to the High Court regarding the payment of compensation.

When can the compensation be paid to the accused?

Compensation shall not be paid before the appeal period has elapsed or, if an appeal is presented, before the appeal has been decided.

Example

• Example 1: A person is accused of theft but is acquitted after trial. The Court finds there was no reasonable cause for the accusation and orders the complainant to pay compensation of 3,000 rupees to the acquitted person.
• Example 2: During a trial held in camera, the accused is found innocent, and the Court orders the complainant to explain why they should not pay compensation.
• Example 3: If a complainant is directed to pay compensation and they disagree, they can appeal the Court's order to the High Court.

Summary

Section 260 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details the procedures for handling certain criminal trials in a Court of Session. It emphasizes the rights of accused individuals in cases of wrongful accusation, the process for awarding compensation, and the ability for the complainant to appeal compensation orders. The section aims to ensure justice while also safeguarding the rights of individuals accused of offenses.