Indian criminal procedure | Plea bargaining
Section 265B CrPC: Application for Plea Bargaining and Section 290 BNSS
Section 265B of the Code of Criminal Procedure, 1973 sets out how an accused person may apply for plea bargaining, how the court checks that the request is voluntary, and what happens next. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 290.
What is plea bargaining?
Plea bargaining is a court-supervised procedure under which an eligible accused voluntarily seeks a mutually satisfactory disposition of a criminal case. It is not an automatic right to acquittal or to a particular sentence. The court must assess voluntariness and follow the statutory safeguards, and the provisions on eligibility, settlement and disposal must be read together.
Section 265B CrPC: Original statutory provision explained
Sub-section (1): Application to the trial court
An accused person may file an application for plea bargaining before the court in which the criminal case is pending for trial.
Sub-section (2): Contents and sworn affidavit
The application must briefly describe the case and the alleged offence. It must include an affidavit sworn by the accused stating that the application is voluntary, that the accused understands the nature and extent of the possible punishment, and that the accused has not previously been convicted in a case involving the same offence.
Sub-section (3): Notice to parties
On receiving the application, the court issues notice to the Public Prosecutor or complainant, as applicable, and to the accused to appear on the specified date.
Sub-section (4): Private judicial examination
The court examines the accused in camera, without the other party present, to determine whether the application was made voluntarily. If satisfied, the court allows the parties time to work toward a mutually satisfactory disposition, potentially including victim compensation and case-related expenses. If the request is involuntary or the accused has a disqualifying previous conviction for the same offence, the court resumes the ordinary proceedings from the stage at which the application was filed.
Historical legislative note: Chapter XXI-A, including Section 265B, was inserted by Act 2 of 2006, Section 4, with effect from 5 July 2006.
Section 290 BNSS: Updated application procedure
Section 290 BNSS carries forward the application, affidavit, notice and voluntariness safeguards with an important procedural addition: the accused must file the plea bargaining application within 30 days from the date of framing of charge. The BNSS also provides a defined period for working toward a mutually satisfactory disposition after the court is satisfied that the application is voluntary.
The 30-day rule concerns the filing of the application under the current provision. Whether a particular case can use this procedure also depends on the exclusions and eligibility conditions in Section 265A CrPC and its BNSS counterpart, Section 289.
How the application process works
- Check eligibility: Determine whether the offence and accused qualify under the applicable plea bargaining chapter.
- File in the trial court: Submit the application within the applicable time limit, including the BNSS 30-day period where Section 290 governs.
- Attach the affidavit: Confirm voluntary choice, understanding of punishment and the absence of the disqualifying prior conviction.
- Attend the court hearing: The prosecutor or complainant and accused are notified; the accused is separately examined in camera.
- Explore a lawful disposition: If the court finds the request voluntary, the parties may pursue a mutually satisfactory disposition subject to the prescribed process.
- Proceed according to the result: Subsequent reporting and disposal follow the relevant provisions; an unsuccessful or invalid application does not itself conclude the prosecution.
CrPC and BNSS at a glance
| Issue | Section 265B CrPC | Section 290 BNSS |
|---|---|---|
| Purpose | Application for plea bargaining | Application for plea bargaining |
| Where filed | Court where trial is pending | Court where trial is pending |
| Time to apply | No express 30-day-from-charge requirement in Section 265B | Within 30 days from framing of charge |
| Voluntariness | Affidavit and in-camera examination | Affidavit and in-camera examination |
| After voluntary application | Time allowed for mutually satisfactory disposition | Statutory time-bound process for disposition |
Important safeguards and limitations
- Not available in every criminal case: The plea bargaining chapter excludes specified serious offences and other excluded categories, including offences against women or children as provided by the relevant statute.
- Voluntary choice is essential: The court must independently satisfy itself that the accused is not acting under coercion.
- Victim interests matter: A mutually satisfactory disposition may address compensation and expenses.
- Not a private shortcut: The procedure is supervised by the competent criminal court and remains subject to statutory conditions.
Frequently asked questions
Who may file a plea bargaining application?
An accused person whose case falls within the statutory plea bargaining chapter may apply to the court where the trial is pending, subject to exclusions and other requirements.
Is an affidavit mandatory?
Yes. The statutory procedure requires a sworn affidavit confirming that the accused has voluntarily applied with an understanding of the potential punishment and satisfies the prior-conviction condition.
Can the court reject an involuntary application?
Yes. The court examines the accused privately. If it finds the request involuntary or the statutory prior-conviction disqualification applies, ordinary proceedings continue.
What is the current BNSS section for Section 265B CrPC?
Section 290 BNSS corresponds to Section 265B CrPC. It adds a time limit for filing after the framing of charge.
Official legal sources and related reading
Consult the official India Code portal for the current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 289-295 and 531) and the Code of Criminal Procedure, 1973 (Sections 265A-265L). See also Section 265C CrPC: mutually satisfactory disposition and Section 265D CrPC: report to the court.
This article explains the statutory framework and is not a substitute for advice on the facts and procedural stage of a specific criminal case.