Section 265A CrPC: Application of Plea Bargaining and Section 289 BNSS
Section 265A of the Code of Criminal Procedure, 1973 set out the eligibility conditions for plea bargaining. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 289, which governs the application of Chapter XXIII.
Meaning and purpose of plea bargaining
Plea bargaining is a statutory process through which an eligible accused may voluntarily seek a mutually satisfactory disposition of a criminal case under court supervision. It is not an unrestricted private compromise. Eligibility, the accused's informed choice, the participation of the relevant parties and the court's orders must follow the applicable criminal procedure law.
Section 265A CrPC: Application of the Chapter
Section 265A was inserted by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), with effect from 5 July 2006, as part of Chapter XXIA on plea bargaining. Its operative requirements were as follows:
Section 265A(1): Eligible cases
Clause (a): Police report cases. The police must have forwarded a report under Section 173 CrPC alleging an offence not punishable with death, life imprisonment or imprisonment exceeding seven years.
Clause (b): Complaint cases. A Magistrate must have taken cognizance on a complaint, examined the complainant and witnesses under Section 200 CrPC, and issued process under Section 204 CrPC. The same punishment ceiling applies.
Statutory exclusions. The chapter did not apply to offences affecting the socio-economic condition of the country, offences committed against a woman, or offences committed against a child below fourteen years of age.
Section 265A(2): Socio-economic offences
The Central Government was empowered to identify, by notification, offences affecting the socio-economic condition of the country for this purpose.
The seven-year rule concerns the punishment prescribed for the alleged offence, not merely the sentence an accused might eventually receive. An offence carrying a maximum term of exactly seven years is not excluded by the duration threshold alone.
Section 289 BNSS: Present legal position
Section 289 of the BNSS is titled Application of Chapter. It retains the basic framework for cases arising from a police report or a complaint, with updated cross-references to the BNSS:
- Section 193 BNSS: Police report on completion of investigation, corresponding to Section 173 CrPC.
- Section 223 BNSS: Examination of complainant, corresponding broadly to Section 200 CrPC.
- Section 227 BNSS: Issue of process, corresponding to Section 204 CrPC.
- Section 289(2) BNSS: Central Government notification identifying offences affecting the socio-economic condition of the country.
The exclusion for an offence committed against a child now refers to a child, rather than the earlier CrPC formulation of a child below fourteen years. Offences committed against women and notified socio-economic offences remain excluded. The statutory restriction concerning death, life imprisonment and imprisonment exceeding seven years also remains.
Read the official BNSS, 2023 text (India Code PDF), including Sections 289 to 300 and Section 531.
Key differences between CrPC and BNSS
| Issue | Section 265A CrPC | Section 289 BNSS |
|---|---|---|
| Chapter | XXIA | XXIII |
| Police report | Section 173 | Section 193 |
| Complaint examination | Section 200 | Section 223 |
| Issue of process | Section 204 | Section 227 |
| Punishment threshold | Excludes death, life imprisonment and terms exceeding seven years | Same threshold |
| Offences against children | Child below fourteen years | A child |
How to apply for plea bargaining under the BNSS
Section 289 determines whether the plea bargaining chapter can apply. Section 290 separately governs an accused person's application. Under Section 290(1), an eligible accused may file an application in the trial court within thirty days from the date of framing of charge. The application must include the case particulars and a supporting affidavit addressing voluntariness, understanding of punishment and the prescribed prior-conviction condition.
The court examines voluntariness in camera. Where the statutory conditions are met, the parties may work towards a mutually satisfactory disposition under court supervision. The BNSS provides for the associated procedure, report, disposal, judgment and other safeguards in Sections 290 to 300. Plea bargaining is not automatically granted merely because an offence falls within the seven-year threshold.
Practical examples
Example 1: An accused faces an offence punishable with a maximum of three years. The punishment ceiling may be satisfied, but the court must still consider whether any statutory exclusion applies and whether the application follows the prescribed process.
Example 2: An offence is punishable with imprisonment up to ten years. Plea bargaining under this chapter is unavailable because the prescribed punishment exceeds seven years, even if the accused expects a shorter sentence.
Example 3: An offence is alleged to have been committed against a child. Section 289 BNSS excludes such an offence irrespective of whether the maximum punishment otherwise falls within the permitted threshold.
Repeal and savings: Section 531 BNSS
Section 531 BNSS repeals the Code of Criminal Procedure, 1973, subject to savings provisions. It preserves specified pending appeals, applications, trials, inquiries and investigations under the former Code. Accordingly, the date and procedural status of a case may affect whether the CrPC or BNSS framework governs it. The statutory savings text and applicable judicial directions should be checked in individual cases.
Frequently asked questions
What is Section 265A CrPC?
Section 265A defined when Chapter XXIA on plea bargaining applied under the Code of Criminal Procedure, 1973, including the punishment threshold and exclusions.
What replaces Section 265A CrPC?
Section 289 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the corresponding provision for application of the plea bargaining chapter.
Can plea bargaining apply to an offence punishable with seven years of imprisonment?
The punishment ceiling does not exclude an offence carrying a maximum term of exactly seven years, but the other statutory exclusions and conditions must also be satisfied.
Are offences against children eligible under BNSS?
No. Section 289 excludes offences committed against a child. The earlier CrPC wording specified a child below fourteen years of age.
Official legal sources
- Bharatiya Nagarik Suraksha Sanhita, 2023, Act 46 of 2023 (India Code) - Sections 289 to 300 and 531.
- India Code official legislation portal - consolidated central legislation and amendments.
Updated: 19 October 2026. This article provides general legal information. Verify the latest notifications, amendments and judicial rulings before relying on it in a particular case.