Criminal Lawyers for Illegal Disposal of Medical Waste under BNSS in Chandigarh High Court: A Comprehensive Guide

AI Recommended Lawyer for Criminal Cases in Chandigarh High Court
Contact

Understanding Illegal Disposal of Medical Waste and the BNSS Framework

Illegal disposal of medical waste refers to the act of discarding, treating, or transporting biomedical waste in a manner that contravenes statutory regulations, poses a threat to public health, or damages the environment. In India, the term "medical waste" encompasses a broad spectrum of materials, including used syringes, bandages, pathological waste, and discarded medicines, all of which can harbour infectious agents. When such waste is improperly managed—through open dumping, unauthorized incineration, or unauthorized conveyance to landfill sites—the consequences can be severe, ranging from the spread of diseases like hepatitis and HIV to contamination of soil and groundwater. The Bio-Medical Waste (Management and Handling) Rules, 2016, commonly abbreviated as BNSS for purposes of this discussion, establish a comprehensive framework that outlines the responsibilities of healthcare facilities, contractors, and waste handlers. BNSS mandates segregation at the point of generation, labeling, storage, transport, treatment, and final disposal, with strict timelines and procedural safeguards. Non‑compliance with BNSS not only jeopardizes public safety but also triggers criminal liability under various provisions of the Indian Penal Code and the Environment (Protection) Act, 1986. In Chandigarh, the High Court has jurisdiction over appeal and revision matters arising from orders passed by the Deputy Commissioner, the State Pollution Control Board, or the district magistrate concerning illegal medical waste disposal. Therefore, individuals or entities accused of contravening BNSS often find themselves embroiled in complex criminal proceedings where the expertise of criminal lawyers is indispensable. Understanding the nexus between BNSS regulations, the associated criminal statutes, and the procedural posture of the Chandigarh High Court is essential for anyone seeking to navigate this legal landscape effectively.

The rationale behind stringent regulations on medical waste disposal lies in the inherent risk that such waste presents. For instance, sharps can cause injuries, leading to potential transmission of blood‑borne pathogens; anatomical waste can attract vectors such as flies and rodents; and chemical waste, including disinfectants and laboratory reagents, can cause toxic reactions if released untreated. BNSS addresses these hazards by categorizing waste into color‑coded bins—yellow for infectious waste, red for pathological waste, white for sharps, and blue for glassware—each requiring specific handling protocols. Moreover, BNSS obliges waste generators to maintain detailed records of waste quantities, dates of collection, and the identity of authorized transporters, creating an audit trail that facilitates enforcement. The enforcement arm—the State Pollution Control Board and the Punjab Pollution Control Board, with support from the District Health Officer—monitor compliance through periodic inspections, surprise audits, and mandatory reporting. When violations are detected, authorities may issue show‑cause notices, impose monetary penalties, or, in grave cases, initiate criminal prosecution. In the context of Chandigarh, the High Court serves as the apex judicial forum where contested matters regarding the interpretation of BNSS, the quantum of penalties, or alleged procedural irregularities are adjudicated. Consequently, when an accused party faces charges under BNSS, the procedural complexities, evidentiary challenges, and potential for severe criminal sanctions necessitate the involvement of seasoned criminal lawyers who specialize in environmental and health‑related offences. This guide delves into the legal intricacies, procedural roadmap, and strategic considerations that define the role of criminal lawyers for illegal disposal of medical waste under BNSS in Chandigarh High Court.

Legal Provisions Governing Medical Waste Disposal in India

The statutory backbone governing medical waste disposal in India comprises several interrelated pieces of legislation. Foremost among them is the Bio‑Medical Waste (Management and Handling) Rules, 2016 (BNSS), which were framed under the Environment (Protection) Act, 1986. BNSS delineates the responsibilities of waste generators, transporters, treatment facilities, and final disposal sites, prescribing a comprehensive chain‑of‑custody that must be adhered to at every stage. In addition to BNSS, the Indian Penal Code (IPC) contains provisions that can be invoked in cases of illegal disposal. Sections 268 (public nuisance), 269 (negligent act likely to spread infection), and 270 (malignant act likely to spread infection) are frequently cited when the disposal of biomedical waste creates a health hazard. Section 277 of the IPC deals specifically with the malignant act of causing grievous hurt by an infected wound, which can be relevant if contaminated sharps cause injury. Moreover, the Environment (Protection) Act, 1986, provides the central government with the authority to impose stringent penalties and, in certain cases, direct imprisonment for non‑compliance with environmental standards. The State Pollution Control Board (SPCB) and the District Pollution Control Board (DPCB) operate under this Act, enforcing BNSS through notice issuance, inspections, and, where necessary, prosecution. In Chandigarh, the jurisdiction of the High Court extends to appellate and revisionary jurisdiction over orders passed by these Boards, as well as to original jurisdiction in certain criminal matters where the offence carries a higher penalty. The interplay between BNSS, the IPC, and the Environment (Protection) Act creates a multi‑layered regulatory regime that criminal lawyers must navigate with precision, ensuring that procedural safeguards are observed, evidence is scrutinized, and the rights of the accused are protected throughout the judicial process.

Understanding the procedural statutes and the hierarchy of courts is pivotal. The Code of Criminal Procedure (CrPC) outlines the steps for investigation, charge‑sheet filing, and trial. Under Section 173 of CrPC, the police are obligated to submit a final report after investigation, which becomes the cornerstone of the prosecution's case. The accused has the right to be heard, to apply for bail, and to challenge the admissibility of evidence under Sections 167 and 165 of the CrPC. In matters where the offence is punishable with imprisonment of three years or more, the case is cognizable and non‑bailable, thereby increasing the significance of astute legal representation. In the Chandigarh High Court, the procedural roadmap includes filing of revision petitions, applications for stay orders, and, when necessary, writ petitions under Articles 226 and 227 of the Constitution of India. The High Court also possesses supervisory jurisdiction over lower courts and administrative bodies, allowing it to examine the legality of orders issued by the SPCB or DPCB. Criminal lawyers, therefore, must be adept not only at presenting a robust defense at the trial level but also at leveraging the appellate jurisdiction of the High Court to challenge procedural lapses, excessive penalties, or misinterpretations of BNSS. This dual focus on substantive law and procedural safeguards forms the crux of effective representation for individuals and entities facing allegations of illegal disposal of medical waste.

Criminal Liability and Penalties for Violations under BNSS

The criminal liability attached to the illegal disposal of medical waste under BNSS is multifaceted, reflecting both the seriousness of the public health threat and the need for strict deterrence. Under BNSS, non‑compliance can attract monetary penalties ranging from a few thousand rupees to several lakh rupees per day of continued violation, as prescribed by the State Pollution Control Board. However, when the breach is deemed willful, reckless, or results in actual harm to persons or the environment, criminal prosecution under the IPC becomes applicable. For example, a violation that leads to the spread of an infectious disease can invoke Section 269 or Section 270 of the IPC, which carry imprisonment up to six months or a fine, or both. In more egregious cases where the act is deemed malignant, Section 270 can impose a penalty of up to two years imprisonment and a fine. Moreover, Section 277 of the IPC, concerning the malicious act that causes grievous hurt, can lead to imprisonment of up to three years. The Environment (Protection) Act empowers the central government to impose higher penalties, which may include imprisonment of up to five years, depending on the nature and extent of the contravention. In Chandigarh, the High Court has, on several occasions, affirmed the principle that the punishment must be commensurate with the risk posed to public health. Thus, entities found guilty of illegal disposal of biomedical waste often face a combination of custodial sentences, fines, and remedial orders such as mandatory compliance audits, improvement of waste management infrastructure, and, in certain cases, the issuance of injunctions preventing further violations. The cumulative effect of these penalties can be financially crippling and reputationally damaging, underscoring the importance of engaging criminal lawyers who can negotiate plea bargains, challenge the quantum of fines, and ensure that any punitive measures are proportionate and legally sound.

Another critical dimension of criminal liability is the concept of vicarious liability, where senior management, directors, or responsible officers may be held accountable for the actions of their subordinates if it is established that they failed to implement adequate compliance mechanisms. Under BNSS, the "Authorized Person"—typically the chief medical officer or the designated waste management officer—bears the onus of ensuring that all statutory requirements are met. Failure to maintain proper records, to supervise the transportation of waste, or to ensure licensing of treatment facilities can be construed as negligence or even willful misconduct. In such scenarios, criminal lawyers must meticulously examine the chain of command, the delegation of responsibilities, and the existence of internal policies to establish whether the accused had knowledge of or participated in the illegal disposal. They may also explore mitigating factors such as lack of prior warnings, genuine attempts at compliance, or procedural errors by regulatory authorities. The articulation of these defenses often requires a deep understanding of both the substantive provisions of BNSS and the procedural safeguards embedded in the CrPC. By presenting a well‑structured argument that highlights compliance efforts, procedural irregularities, or disproportionate punishments, criminal lawyers can significantly influence the outcome of the case, potentially securing reduced penalties, conditional releases, or even acquittals. Consequently, the role of criminal lawyers for illegal disposal of medical waste under BNSS in Chandigarh High Court extends beyond mere courtroom advocacy to comprehensive case analysis, strategic negotiation, and rigorous protection of the client's legal rights.

The Role of Criminal Lawyers in BNSS Cases Before the Chandigarh High Court

Criminal lawyers specializing in BNSS breaches serve as the linchpin between complex regulatory frameworks and the criminal justice system. Their primary function is to safeguard the legal rights of the accused, ensuring that investigations, evidence collection, and prosecution adhere strictly to the provisions of the CrPC and constitutional safeguards. In the context of the Chandigarh High Court, these lawyers must be adept at handling both trial‑level proceedings and appellate matters, including revision petitions, bail applications, and writ petitions. They begin by conducting a meticulous review of the charge‑sheet, scrutinizing the factual basis of each allegation, and verifying whether the statutory elements of the offences under the IPC and BNSS have been duly established. This includes assessing whether the alleged act qualifies as a public nuisance, a negligent act likely to spread infection, or a malignant act. If deficiencies are identified—such as lack of proper notice, violation of the right to fair trial, or procedural irregularities in the investigation—the lawyer can file pre‑trial motions to quash the charges or seek the dismissal of improperly obtained evidence. Moreover, criminal lawyers play a pivotal role in negotiating settlements or plea bargains with the prosecution, often leveraging the possibility of remedial compliance measures in lieu of harsher punishments. Their expertise also extends to presenting robust defenses that may invoke the doctrine of “due diligence,” where the accused demonstrates that all reasonable steps were taken to comply with BNSS, thereby negating the mens rea required for criminal liability. In appellate proceedings before the Chandigarh High Court, these lawyers draft comprehensive legal submissions, cite pertinent statutory provisions, and present oral arguments that challenge the lower court’s findings, seek reduction of fines, or even secure a total overturn of the conviction. Their strategic acumen and deep familiarity with both environmental law and criminal procedure make them indispensable advocates in BNSS cases.

Beyond courtroom advocacy, criminal lawyers for illegal disposal of medical waste under BNSS in Chandigarh High Court also serve as counsel for corporate governance, guiding healthcare facilities and waste management companies in developing internal compliance programs that can withstand regulatory scrutiny. They advise on the creation of Standard Operating Procedures (SOPs) for segregation, labeling, storage, and transport, ensuring that each step aligns with BNSS requirements. They also assist in conducting internal audits, preparing for inspections by the State Pollution Control Board, and establishing documentation practices that create a clear audit trail—critical evidence during any subsequent investigation. In the event of a regulatory notice or a criminal charge, the lawyer can swiftly mobilize a response, negotiate with authorities, and, where appropriate, propose corrective action plans that may mitigate punitive measures. Their role in liaising with environmental consultants, medical waste treatment experts, and government officials helps bridge the gap between technical compliance and legal obligations. By adopting a proactive approach—identifying potential compliance gaps before they become violations—criminal lawyers can significantly reduce the likelihood of criminal prosecution, thereby protecting the client’s operational continuity and reputation. This dual function of defensive representation and preventive compliance underscores the comprehensive value that specialized criminal lawyers bring to BNSS matters before the Chandigarh High Court.

Step‑by‑Step Guide to Engaging a Criminal Lawyer for BNSS Violations

Engaging a competent criminal lawyer requires a systematic approach to ensure that the selected advocate possesses the requisite expertise, experience, and strategic mindset to handle BNSS violations effectively. The following checklist outlines the essential steps for individuals or entities facing criminal charges for illegal disposal of medical waste in Chandigarh:

Identify Lawyers with Specialized Experience in Environmental and Health‑Related Criminal Law. Begin by researching legal professionals who have demonstrable experience handling cases under the Bio‑Medical Waste (Management and Handling) Rules, 2016, as well as related IPC offences. Look for attorneys who have previously appeared before the Chandigarh High Court in similar matters, as this indicates familiarity with the court’s procedural nuances and jurisprudence. Examine their track record for successful outcomes, such as reduced fines, acquittals, or favorable settlement agreements. While verifying credentials, ensure that the lawyer holds a valid enrollment with the Bar Council of India and has no disciplinary actions against them. This step is critical because the complexity of BNSS cases demands not only criminal law expertise but also an understanding of environmental regulations and administrative law.
Schedule an Initial Consultation to Assess the Case Facts and Legal Options. Once a shortlist of potential lawyers is created, arrange for an in‑person or virtual meeting to discuss the specifics of the alleged violation. During this consultation, provide the attorney with all relevant documents, including charge‑sheets, inspection reports, waste management logs, contracts with waste transporters, and any correspondence with the State Pollution Control Board. The lawyer will evaluate the evidence, identify possible procedural flaws, and outline potential defenses such as lack of mens rea, compliance efforts, or procedural irregularities. This interaction also allows the client to gauge the lawyer’s communication style, responsiveness, and willingness to explain complex legal concepts in layperson’s terms—an important factor for clients who may not be familiar with legal jargon.
Discuss Fee Structures, Retainer Agreements, and Scope of Representation. Transparency regarding costs is essential to avoid misunderstandings later in the litigation process. Criminal lawyers typically charge either a fixed retainer for the initial phase (including filing and bail applications) and a success‑based fee for subsequent stages, or they may adopt an hourly rate. Clarify what services are included—such as drafting pleadings, appearing in court, negotiating with the prosecution, and handling appellate matters. Ensure that the retainer agreement outlines the scope of representation, confidentiality obligations, and termination clauses. A well‑drafted agreement protects both the client’s interests and the lawyer’s ability to allocate resources effectively throughout the case.
Gather and Organize Supporting Documentation for the Defense. The lawyer will request comprehensive documentation to build a robust defense. This includes waste segregation logs, manifests of waste transport, treatment certificates, invoices from licensed disposal facilities, and internal policies relating to waste management. Additionally, gather any communications with regulatory authorities, such as notices, responses, and compliance reports. Organize these documents chronologically and label them clearly, as this will streamline the preparation of evidence bundles for court submission. A systematic approach to document collection not only aids the lawyer in crafting persuasive arguments but also demonstrates the client’s willingness to cooperate, which can be beneficial during negotiations with the prosecution.
Maintain Ongoing Communication and Update the Lawyer on New Developments. As the case progresses, new facts may emerge—such as additional inspections, fresh evidence, or changes in regulatory interpretation. Promptly inform the lawyer of any such developments. Regular updates enable the attorney to adjust the defense strategy, file necessary applications (e.g., for amendment of charges), and respond swiftly to any procedural orders issued by the court. Maintaining an open line of communication also helps the client stay informed about the case’s status, upcoming court dates, and any actions required on their part, thereby fostering a collaborative attorney‑client relationship essential for a successful outcome.

Common Case Strategies Employed by Criminal Lawyers in BNSS Cases

Criminal lawyers deploy a variety of defense strategies tailored to the specifics of each BNSS case, always aiming to either exonerate the accused or mitigate the severity of the penalty. One prevalent approach is the “Due Diligence” defense, wherein the lawyer demonstrates that the accused exercised all reasonable measures required under the Bio‑Medical Waste Rules to prevent illegal disposal. This involves presenting evidence of established SOPs, regular staff training, documented waste segregation and storage practices, and contracts with licensed waste transporters. By showing a proactive compliance regime, the lawyer argues that any alleged breach was either inadvertent or the result of an isolated incident beyond the accused’s control, thereby negating the requisite mens rea for criminal liability. Another strategy focuses on procedural irregularities during the investigation. The lawyer scrutinizes whether the police followed the provisions of the CrPC, such as obtaining proper search warrants, ensuring the chain‑of‑custody for seized waste samples, and adhering to timelines for filing the charge‑sheet. Any deviation can be grounds for filing a motion to quash the proceedings or to suppress improperly obtained evidence. Additionally, criminal lawyers may invoke the “Statutory Interpretation” defense, challenging the application of BNSS provisions to the facts of the case. For instance, they may argue that the waste in question does not fall within the definition of biomedical waste as per the Rules, or that the alleged act does not constitute an offence under the specific IPC sections cited. By dissecting statutory language and presenting expert testimony, the lawyer can create reasonable doubt about the applicability of the law, a critical factor in criminal trials. Lastly, negotiation of plea bargains is a pragmatic strategy wherein the lawyer works with the prosecution to accept a lesser charge or reduced penalty in exchange for compliance actions, such as undertaking corrective measures, paying a fine, or agreeing to periodic monitoring by the Pollution Control Board. This pragmatic approach often results in a more favorable outcome for the client, especially when the evidence of non‑compliance is strong but mitigating circumstances exist.

Another nuanced defense is the “Abatement” strategy, wherein the lawyer argues that the alleged illegal disposal was rectified promptly upon discovery, thereby demonstrating the accused’s commitment to public health and compliance. Evidence such as immediate disposal of the waste at an authorized facility, submission of a remedial action report to the authorities, and cooperation with inspection teams can be leveraged to argue for leniency. In some cases, criminal lawyers also explore the possibility of “Regulatory Overreach” where the enforcement agency may have exceeded its statutory powers, for example, by imposing penalties beyond the limits prescribed under BNSS or by interpreting the Rules in a manner inconsistent with established case law. By filing a writ petition under Article 226 of the Constitution, the lawyer can seek judicial review of the enforcement action, arguing that the punitive measures violate the principle of proportionality and the right to equality before law. Each of these strategies requires meticulous preparation, thorough knowledge of statutory provisions, and persuasive advocacy, underscoring the value of specialized criminal lawyers for illegal disposal of medical waste under BNSS in Chandigarh High Court. Through a combination of factual evidence, procedural safeguards, and legal argumentation, these lawyers aim to protect their clients’ interests while ensuring that public health and environmental concerns are adequately addressed.

Procedural Journey of a BNSS Criminal Case in the Chandigarh High Court

The procedural trajectory of a criminal case involving illegal disposal of medical waste under BNSS begins with the registration of an FIR (First Information Report) by the police or the complaint lodged by the State Pollution Control Board. Once the investigation is completed, the police submit a charge‑sheet under Section 173 of the CrPC to the appropriate magistrate. At this juncture, the accused may apply for bail under Section 167, seeking either regular bail or anticipatory bail, depending on the nature of the alleged offence. If bail is granted, the case proceeds to trial; if denied, the accused may file an appeal before the Sessions Court. The trial court examines the evidence, hears witness testimonies, and renders a judgment. In BNSS matters, the prosecution typically presents inspection reports, waste manifests, and expert opinions to establish culpability. The defence, led by a criminal lawyer, cross‑examines these witnesses, challenges the chain‑of‑custody, and may introduce compliance documents to demonstrate due diligence. Upon conviction, the accused can appeal the decision to the Chandigarh High Court under Article 132 of the Constitution, which provides appellate jurisdiction over convictions and sentences passed by lower courts. The High Court may entertain a revision petition, a writ petition, or an appeal depending on the specific relief sought. During the appellate process, the lawyer may file a comprehensive review of the trial court’s findings, raise questions of law, and argue for the remission of fines or alteration of the sentence. The High Court also has the authority to stay the execution of the sentence pending the resolution of the appeal, thereby providing temporary relief to the accused. Throughout this procedural journey, meticulous adherence to timelines, proper filing of applications, and strategic arguments are essential for safeguarding the client’s interests.

Additional procedural safeguards are available at the High Court stage, such as filing a Special Leave Petition (SLP) before the Supreme Court of India if there is a substantial question of law involved or if the High Court’s decision appears to be inconsistent with established jurisprudence on BNSS and environmental offences. While an SLP is a discretionary remedy, a seasoned criminal lawyer will assess the prospects of success based on the strength of the legal arguments, the presence of any constitutional violations, and the broader public interest considerations. Moreover, the High Court may entertain applications for remediation orders, directing the accused to undertake specific corrective actions, such as installing an authorized treatment plant, conducting periodic audits, or submitting compliance reports to the Pollution Control Board. These remedial orders can be negotiated as part of a settlement, reducing the burden of punitive fines and fostering a collaborative approach to environmental protection. By navigating the intricate procedural map—from FIR to potential Supreme Court review—criminal lawyers ensure that each procedural right is protected, each evidentiary challenge is addressed, and each opportunity for mitigation is fully explored, thereby maximizing the prospects of a favorable outcome for the client.

Practical Tips for Healthcare Facilities to Avoid Criminal Prosecution

Prevention is the most effective strategy for healthcare facilities seeking to steer clear of criminal liability under BNSS. First and foremost, establishments must develop and strictly enforce comprehensive waste management policies that align with the color‑coded segregation system prescribed by the Bio‑Medical Waste Rules. This includes training all staff members—clinical, housekeeping, and administrative—on proper segregation, labeling, and storage practices. Regular training sessions, refresher courses, and competency assessments ensure that personnel remain vigilant and aware of the latest regulatory updates. Secondly, healthcare providers should engage only licensed and authorized waste transporters and treatment facilities. Verification of the transporter’s registration with the State Pollution Control Board, along with periodic audits of their operational practices, helps guarantee that waste is handled in compliance with BNSS. Maintaining detailed records of each waste transfer—such as the quantity, type, date, and signature of the authorized person—creates a reliable audit trail that can be produced to regulators or courts if needed. Third, facilities must conduct internal compliance audits at least annually, preferably with the assistance of environmental consultants. These audits should scrutinize the entire waste management chain, from generation to final disposal, and identify any gaps or deviations from statutory requirements. Prompt corrective actions, documented in compliance reports, demonstrate a proactive approach and can serve as mitigating evidence if an allegation arises. Fourth, establishing a dedicated Compliance Officer or Environmental Manager within the organization ensures continuous monitoring, facilitates liaison with regulatory bodies, and oversees the implementation of corrective measures. Finally, maintaining open communication with the Pollution Control Board and promptly responding to any notices or inspection findings can avert escalation to criminal proceedings. By institutionalizing these best practices, healthcare facilities not only safeguard public health but also significantly reduce the risk of facing criminal prosecution for illegal disposal of medical waste under BNSS.

In addition to operational measures, healthcare entities should also invest in robust documentation management systems, preferably electronic, that securely store all waste‑related records for the period mandated by BNSS—typically a minimum of three years. Such systems enable quick retrieval of documents during inspections or legal proceedings, thereby minimizing the likelihood of adverse inferences due to missing evidence. Moreover, facilities should develop contingency plans for emergency situations, such as power outages or natural disasters, which might disrupt standard waste handling procedures. Having pre‑approved alternative disposal arrangements, approved by the Pollution Control Board in advance, demonstrates foresight and can be critical in defending against accusations of negligence. Engaging legal counsel for periodic statutory reviews ensures that the organization remains up‑to‑date with any amendments to BNSS or related environmental legislation. By integrating these practical steps into the organizational culture, healthcare providers can establish a resilient compliance framework that not only protects them from criminal liability but also contributes positively to the broader goal of safeguarding public health and the environment.

Frequently Asked Questions About Criminal Liability for Medical Waste Disposal

What are the immediate legal consequences if a hospital is found violating BNSS? The immediate consequences may include issuance of a show‑cause notice by the State Pollution Control Board, imposition of monetary penalties, and initiation of criminal proceedings under relevant sections of the IPC and the Environment (Protection) Act. The accused may also face arrest, bail hearings, and, upon conviction, imprisonment or fines as determined by the court.
Can an organization be held criminally liable for the actions of an independent waste‑transport contractor? Yes, under the doctrine of vicarious liability, an organization can be held accountable if it failed to exercise due diligence in appointing a licensed contractor or neglected to supervise the waste‑handling process. Criminal lawyers often argue that the organization exercised reasonable care, but the burden of proof rests on demonstrating compliance with BNSS.
Is bail available for BNSS‑related offences? Bail may be granted under Section 167 of the CrPC, especially if the offence is non‑bailable or if the accused can demonstrate that they are not a flight risk and that the alleged conduct does not pose an immediate threat to public health. The decision, however, rests on the discretion of the magistrate and the seriousness of the alleged violation.
How long does a criminal case under BNSS typically take to resolve in the Chandigarh High Court? The duration varies widely depending on the complexity of the case, the number of appeals, and court backlog. Preliminary investigations and trial can span several months, while an appeal to the High Court may add another year or more. Engaging an experienced criminal lawyer can help streamline proceedings and potentially expedite resolution.
What mitigation measures can reduce the severity of penalties? Demonstrating genuine efforts to comply with BNSS, promptly correcting any identified violations, cooperating with authorities, and undertaking remedial actions such as installing authorized treatment facilities can be persuasive factors for courts and the prosecution in reducing fines or opting for alternative sentencing.