Section 298 BNSS: Savings

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 298 BNSS at a Glance

Section 298 BNSS deals with savings. It replaced Section 265J CrPC on 1 July 2024.

Section 298 BNSS Bare Act Text

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.

Source: Section 298, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 298 BNSS in Simple Words

Section 298 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Savings.

The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of the Sanhita, and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.

The Explanation says that for the purposes of this Chapter, the expression Public Prosecutor has the meaning assigned to it under Section 2(v) BNSS and includes an Assistant Public Prosecutor appointed under Section 19 BNSS.

When Section 298 BNSS Applies

  • The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of the Sanhita.
  • Nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.
  • For the purposes of this Chapter, the expression Public Prosecutor has the meaning assigned to it under Section 2(v) BNSS.
  • The expression Public Prosecutor includes an Assistant Public Prosecutor appointed under Section 19 BNSS.

Example of Section 298 BNSS

In a case under this Chapter, Arjun is an Assistant Public Prosecutor appointed under Section 19 BNSS. Under the Explanation to Section 298 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the expression Public Prosecutor, for the purposes of this Chapter, includes Arjun as an Assistant Public Prosecutor appointed under Section 19 BNSS.

When Section 298 BNSS Does Not Apply

  • Section 298 BNSS speaks of the meaning of Public Prosecutor for the purposes of this Chapter. It does not deal with the appointment of a Public Prosecutor, which is the subject of Section 18 BNSS.
  • Section 298 BNSS speaks of other provisions of the Sanhita that are inconsistent with this Chapter. It does not deal with the provisions of any other law.

Section 298 BNSS in the CrPC (Previous Law)

Section 298 BNSS replaces Section 265J CrPC from the old criminal code.

Section 298 BNSS has the same heading and the same text as Section 265J CrPC, except that Section 298 BNSS reads this Sanhita where Section 265J CrPC read this Code, refers to Section 2(v) BNSS where Section 265J CrPC referred to Section 2(u) CrPC, and refers to Section 19 BNSS where Section 265J CrPC referred to Section 25 CrPC.

View CrPC Section 265J โ†’

FAQs on Section 298 BNSS

What does Section 298 BNSS say about inconsistent provisions of the Sanhita?โ–ผ

The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of the Sanhita.

What does Section 298 BNSS say about the meaning of the provisions of this Chapter?โ–ผ

Nothing in such other provisions of the Sanhita shall be construed to constrain the meaning of any provision of this Chapter.

What does the Explanation to Section 298 BNSS say about Public Prosecutor?โ–ผ

For the purposes of this Chapter, the expression Public Prosecutor has the meaning assigned to it under Section 2(v) BNSS and includes an Assistant Public Prosecutor appointed under Section 19 BNSS.

What changed from Section 265J CrPC to Section 298 BNSS from 1 July 2024?โ–ผ

From 1 July 2024, Section 298 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 265J of the Code of Criminal Procedure, 1973. Section 298 BNSS has the same heading and the same text as Section 265J CrPC, except that Section 298 BNSS reads this Sanhita where Section 265J CrPC read this Code, refers to Section 2(v) BNSS where Section 265J CrPC referred to Section 2(u) CrPC, and refers to Section 19 BNSS where Section 265J CrPC referred to Section 25 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 22 Oct 2026 ยท