Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 289: Application of Chapter
(1) This Chapter shall apply in respect of an accused against whom—
- (a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or
- (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227,
but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.
(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.
Brefe Detail
This section outlines the application of a specific chapter to criminal cases in India. It applies to cases where the accused is charged with offences that are not punishable by death, life imprisonment, or imprisonment for over seven years. However, the section does not cover offences that significantly impact the socio-economic condition of the country, or those committed against women or children under the age of 14 years. Additionally, the Central Government is tasked with identifying and notifying which offences affect the socio-economic conditions of the country.
Question & Answers
Q1: Which cases does Section 289 apply to?
A1: Section 289 applies to cases where the accused is alleged to have committed an offence that is not punishable by death, life imprisonment, or imprisonment for a term exceeding seven years.
Q2: Does Section 289 apply to offences affecting the socio-economic condition of the country?
A2: No, Section 289 does not apply to offences that affect the socio-economic condition of the country.
Q3: What is the role of the Central Government under Section 289?
A3: The Central Government is responsible for notifying which offences under the law affect the socio-economic condition of the country.
Q4: Does Section 289 cover cases where the offence is committed against a woman or child under 14 years?
A4: No, the section does not apply to offences committed against a woman or a child below the age of fourteen years.
Example
Example 1: An accused is charged with theft, and the theft involves a property valued at ₹20,000. Since this offence is not punishable by death, life imprisonment, or imprisonment exceeding seven years, Section 289 would apply, provided the offence does not impact the socio-economic condition of the country or involve a woman or child under 14 years.
Example 2: A case of sexual harassment is reported against an accused. Since sexual harassment involves a woman and is a sensitive offence, Section 289 would not apply to this case.
Summary
Section 289 establishes the scope of applicability of a particular chapter of the Bharatiya Nagarik Suraksha Sanhita, 2023. It applies to cases where the alleged offence is not punishable by severe penalties such as death or life imprisonment and provides conditions that exclude offences impacting socio-economic conditions or those committed against vulnerable groups like women or children. The Central Government has the authority to notify the offences affecting the socio-economic condition of the country.
