Criminal Procedure | Plea Bargaining | Updated 19 October 2026

Section 265E CrPC: Disposal of Plea Bargaining Cases under Section 293 BNSS

Section 265E of the Code of Criminal Procedure, 1973 explained how a court should dispose of a criminal case after a mutually satisfactory plea-bargaining disposition. The corresponding current provision is Section 293 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which includes additional sentencing relief for eligible first-time offenders.

Current legal position: The BNSS came into force on 1 July 2024 and replaced the CrPC, subject to the repeal and savings provisions in Section 531 BNSS. The applicable procedural law in an individual matter depends on when the proceeding began and the statutory savings rules. This page preserves the historical CrPC rule and separately explains the BNSS changes.

Meaning and scope of Section 265E CrPC

Disposal of the case means the court's final treatment of a criminal proceeding after the plea-bargaining process produces a mutually satisfactory disposition. It involves compensation to the victim, hearing the parties on sentence, considering probation where lawful, and applying the sentencing framework specified in the section.

Section 265E was inserted into the CrPC plea-bargaining chapter by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), with effect from 5 July 2006. It operates after the settlement report procedure under Section 265D CrPC.

Section 265E CrPC: Original statutory provision

Where a satisfactory disposition of the case has been worked out under Section 265D, the court shall dispose of the case in the following manner:

Clause (a): Victim compensation and hearing on sentence

The court awards compensation to the victim in accordance with the disposition under Section 265D. It then hears the parties about the quantum of punishment and whether the accused may be released on probation of good conduct or after admonition under Section 360 CrPC, dealt with under the Probation of Offenders Act, 1958, or given a benefit under another applicable law.

Clause (b): Probation or another statutory benefit

After hearing the parties, if the court finds that Section 360 CrPC, the Probation of Offenders Act, 1958, or another applicable law is attracted, it may release the accused on probation or extend the benefit of that law. This is a judicial determination, not an automatic consequence of the settlement.

Clause (c): Offences with a statutory minimum punishment

If a minimum punishment is prescribed and the court does not apply a probation-related benefit, the court may sentence the accused to one-half of that minimum punishment under the historical CrPC provision.

Clause (d): Other eligible offences

Where the case is not covered by clause (b) or (c), the court may sentence the accused to one-fourth of the punishment provided or extendable for the offence, as applicable under the statutory wording.

The clauses above preserve the substantive legal requirements in the original uploaded article. For proceedings governed by the BNSS, consult the updated provisions below.

Section 293 BNSS: Current disposal procedure

Section 293 BNSS, titled "Disposal of case", applies when a satisfactory disposition has been reached under Section 292 BNSS. The court awards the agreed victim compensation, hears the parties on sentencing and probation, and then applies the statutory alternatives. For probation or admonition, Section 293 refers to Section 401 BNSS and the Probation of Offenders Act, 1958.

The important change is the special sentencing treatment available where the accused is a first-time offender who has not been convicted of any offence in the past.

Situation	Section 265E CrPC	Section 293 BNSS
Victim compensation	Award according to the recorded disposition	Same basic requirement, linked to Section 292 BNSS
Probation or admonition	Consider Section 360 CrPC and applicable probation laws	Consider Section 401 BNSS and applicable probation laws
Offence with a prescribed minimum sentence	May impose one-half of the minimum	May impose one-half of the minimum; for an eligible first-time offender, one-fourth of the minimum
Other offence falling under the residual sentencing clause	May impose one-fourth of the punishment provided or extendable	May impose one-fourth; for an eligible first-time offender, one-sixth of the punishment provided or extendable

These fractions describe statutory sentencing options available to the court; they do not mean every accused is automatically entitled to a particular sentence. The court must first confirm plea-bargaining eligibility, a valid disposition and the applicable sentencing clause.

How the court disposes of a plea-bargaining case

Check eligibility: Determine whether the case falls within the plea-bargaining chapter, including the exclusions under Section 265A CrPC or Section 289 BNSS, as applicable.
Review the application: The accused applies under Section 265B CrPC or Section 290 BNSS; the court verifies voluntariness and other statutory conditions.
Work out the disposition: The parties follow Section 265C CrPC or Section 291 BNSS.
Record the outcome: The court prepares the report under Section 265D CrPC or Section 292 BNSS.
Dispose of the case: The court addresses compensation, hears the parties, considers probation and determines the permissible sentence under Section 265E CrPC or Section 293 BNSS.
Pronounce judgment: The subsequent judgment and finality provisions govern the resulting order, subject to the remedies expressly preserved by law.

Illustrative sentencing calculations

If an otherwise eligible offence carries a statutory minimum imprisonment of four years, the CrPC framework under Section 265E(c) permitted the court to impose half the minimum, or two years. Under Section 293(c) BNSS, the court may impose one year for an eligible first-time offender. This is an arithmetic illustration only; whether an offence qualifies for plea bargaining must be assessed separately.

If an eligible offence instead has a maximum punishment of six years without a prescribed minimum, the residual clause may allow one-fourth (18 months), or one-sixth (12 months) for an eligible first-time offender under the BNSS. Actual sentencing requires consideration of the statutory text and facts of the case.

Frequently asked questions

What is Section 265E CrPC?

Section 265E of the Code of Criminal Procedure, 1973 sets out how a court disposes of a plea bargaining case after a mutually satisfactory disposition has been recorded.

What is the corresponding provision in BNSS?

Section 293 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 265E CrPC and provides additional sentencing concessions for first-time offenders.

Does a plea bargain automatically result in probation?

No. The court must hear the parties and assess whether probation or another statutory benefit is legally applicable.

What sentencing concession is available to a first-time offender under BNSS?

Where a statutory minimum applies, the court may impose one-fourth of that minimum. Otherwise, where the applicable clause permits, it may impose one-sixth of the punishment provided or extendable for the offence.

Official legal sources and related reading

India Code - official central legislation database (search for the Code of Criminal Procedure, 1973 and Bharatiya Nagarik Suraksha Sanhita, 2023).
National Crime Records Bureau - BNSS chapter-wise statutory text.
Bureau of Police Research and Development - plea bargaining changes under BNSS (PDF).
Press Information Bureau - key features of the new criminal laws.
Code of Criminal Procedure - sections and overview.

Legal information only. Check the latest statutory text, notifications and case-specific procedural position before relying on any provision.