Bharatiya Nagarik Suraksha Sanhita, 2023
Section 298
Savings
The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter. Explanation.—For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under section 19.
Why this exists
A 'savings' or overriding clause like this prevents confusion or conflicting readings between the plea-bargaining chapter and the rest of the criminal procedure law, ensuring plea bargaining works as a distinct, self-contained process. Clarifying that Assistant Public Prosecutors are included ensures smaller courts, which are often staffed by Assistant Public Prosecutors rather than full Public Prosecutors, can still fully participate in plea-bargaining proceedings.