Guidelines for Mutually satisfactory disposition
AI Assist
Summary
When the court is arranging a mutually satisfactory disposition in a criminal case, it must follow a set procedure to call the relevant parties together. If the case began on a police report, the court must notify the Public Prosecutor, the investigating police officer, the accused and the victim; otherwise it must notify the accused and the victim. The court must ensure any agreement is reached voluntarily, and either party may attend the meeting with their advocate if they wish.
Example
Rohan files an FIR alleging assault by Arjun. The court issues notice to the Public Prosecutor, the investigating officer, Arjun and Rohan to attend a meeting to try to settle the case. The court ensures any agreement is voluntary and allows Arjun to attend with his advocate.
Bare Act
Enacted textIn working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:-
- (a) in a case 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 the meeting to work out a satisfactory disposition of the case:
Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:
Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case;
(b) in a case instituted otherwise than on 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:
Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:
Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case.
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