Section 265G CrPC: Finality of Plea Bargaining Judgment and Section 295 BNSS
Section 265G of the Code of Criminal Procedure, 1973 restricts appeals against judgments delivered through the statutory plea bargaining process. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 295. The restriction does not eliminate the constitutional remedies expressly mentioned in the law.
Meaning of Section 265G CrPC
Finality of judgment means that a judgment passed under the plea bargaining chapter is not ordinarily open to a statutory appeal. However, the provision expressly preserves a petition for special leave under Article 136 of the Constitution and petitions under Articles 226 and 227.
Statutory provision: Section 265G CrPC
265G. Finality of the judgment. -- The judgment delivered by the Court under section 265F shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.
Editorial clarification: The uploaded earlier page referred to a judgment delivered under Section 265G itself. The cross-reference is to Section 265F, which governs pronouncement of the plea bargaining judgment. The plea bargaining chapter was inserted by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), with effect from 5 July 2006.
Corresponding law: Section 295 BNSS, 2023
Section 295 BNSS - Finality of the judgment continues the framework for finality of a judgment delivered under the immediately preceding plea bargaining judgment provision, Section 294 BNSS. The provision preserves the same categories of constitutional remedies rather than providing an ordinary appellate route.
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Finality of plea bargaining judgment | Section 265G | Section 295 |
| Pronouncement of judgment | Section 265F | Section 294 |
| Disposal and sentencing | Section 265E | Section 293 |
| Repeal and savings | Historical CrPC framework | Section 531 |
Which legal remedies remain available?
Article 136: Special leave before the Supreme Court
Article 136 empowers the Supreme Court, in its discretion, to grant special leave to appeal against qualifying judgments or orders. The statutory exception does not guarantee that special leave will be granted.
Article 226: Writ jurisdiction of High Courts
Article 226 enables High Courts to issue appropriate writs and directions within their constitutional jurisdiction. A writ petition is not an automatic substitute for an ordinary appeal; the court considers the nature of the grievance and relevant limitations.
Article 227: High Court superintendence
Article 227 concerns the High Court's supervisory jurisdiction over subordinate courts and tribunals within its territory. It is supervisory, not a routine rehearing of every factual or sentencing issue.
How finality fits into plea bargaining
- Application: An eligible accused seeks plea bargaining under Section 265B CrPC or the applicable BNSS procedure.
- Voluntary settlement process: The court supervises the procedure for a mutually satisfactory disposition under Section 265C CrPC.
- Report: The court records the result in accordance with Section 265D CrPC.
- Disposal and judgment: The court deals with compensation, sentence or probation where applicable, and pronounces judgment under Sections 265E and 265F CrPC.
- Finality: Section 265G CrPC limits ordinary appeals, subject to the constitutional exceptions.
Practical significance
Because ordinary appeal rights are restricted, the accused should understand the consequences of the proposed disposition before agreeing to plea bargaining. The court must follow the applicable safeguards for voluntariness and proper procedure. The existence of a constitutional remedy does not mean every challenge will succeed.
Frequently asked questions
Can an accused file an ordinary appeal against a plea bargaining judgment?
No. Section 265G CrPC and the corresponding Section 295 BNSS bar an ordinary statutory appeal against the judgment covered by the provision, subject to the expressly preserved constitutional remedies.
Does Section 265G prohibit a Supreme Court special leave petition?
No. A petition seeking special leave under Article 136 of the Constitution remains expressly excepted. Grant of special leave is discretionary.
Are High Court writ remedies available?
The statutory exception preserves petitions under Articles 226 and 227 of the Constitution. Availability of relief depends on the facts, jurisdiction and applicable legal principles.
Which provision governs cases after 1 July 2024?
Section 295 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision for cases governed by the BNSS. Section 531 contains repeal and savings rules relevant to pending proceedings.
Official legal sources
Read the authoritative statutory text and applicable amendments through the India Code official legislation portal. For the constitutional provisions, consult the Constitution of India published by the Legislative Department. Check the applicable commencement and saving provisions before applying the law to an older pending case.
This article explains statutory provisions for general information and is not a substitute for advice based on the record of a particular case. Last reviewed: 19 October 2026.