Section 260: Procedure in cases instituted under subsection (2) of section 222
Section 260 of the Bharatiya Nagarik Suraksha Sanhita, 2023, prescribes the process of trial for matters filed under sub-section (2) of Section 222 relating to particular offenses. The provision ensures a formal process for trials in order to maintain the procedure and ensure fair dealing with those specific cases.
A Court of Session, on taking cognizance of an offence under sub-section (2) of Section 222, shall try the case in accordance with the procedure prescribed for warrant cases not founded on a police report. This is in line with the normal judicial practice of dealing with serious offenses so that such cases are dealt with in accordance with due process and in line with established criminal law practices.
The complainant or the person against whom the alleged offense is said to have been committed shall testify as a prosecution witness, except when for valid reasons the Court exempts such person
from giving evidence.
-The version of the complainant shall, therefore, be formally part of the record in the case.
The trial may be conducted in camera-that is, behind closed doors-either on a party's application or by the Court's prerogative. However, the use of in-camera proceedings has proved handy where the business concerning private issues or personal information demands privacy. For instance, it would help to maintain the privacy of the parties involved and protect the sensitive details from public exposure.
During the discharge or acquittal of the accused by the Court, deciding that no reasonable ground existed for the complaint presented, the Court can issue a notice to the complainant asking him to show cause as to why he should not be directed to pay compensation against the accused. The amount payable by way of compensation might be five thousand rupees. Such a provision acts as a deterrent in scenarios in which persons make frivolous or malicious complaints and protects them from false legal proceedings.
Section 260, as outlined below, aims to provide for a fair, open, and privacy respecting trial in which the privacy and reputations of all parties are not abused. Major features of this section include the following:
-Compulsion of testimony of the complainant and the provision for awarding compensation for false accusations is one of the means through which accountability and fairness in the judicial process are ensured by Section 260.
-This provision for in-camera trials will ensure sensitive information is dealt with accordingly, as it serves the purpose of maintaining public transparency while safeguarding privacy especially in cases involving vulnerable persons or confidential matters.
