Criminal procedure | Plea bargaining | Savings clause
Section 265J CrPC: Savings and overriding effect of plea-bargaining provisions
Section 265J of the Code of Criminal Procedure, 1973 (CrPC) establishes that the special plea-bargaining provisions in Chapter XXIA prevail where another provision of the CrPC is inconsistent. Its explanation also expands the meaning of "Public Prosecutor" for this chapter. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 298.
Text of Section 265J CrPC - Savings
265J. Savings. The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Code and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.
Explanation. For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning assigned to it under clause (u) of section 2 and includes an Assistant Public Prosecutor appointed under section 25.
Legislative history: Chapter XXIA, including Section 265J, was inserted by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), Section 4, with effect from 5 July 2006.
What does the savings clause mean?
A non-obstante clause is wording such as "notwithstanding anything inconsistent" that gives a particular rule priority in the event of a conflict. Section 265J therefore makes the special plea-bargaining framework in Chapter XXIA controlling over inconsistent general procedural rules in the CrPC.
The second limb is an interpretive safeguard: other CrPC provisions should not be used to narrow the meaning of a Chapter XXIA provision merely because the general procedure is expressed differently. This does not remove every procedural safeguard or permit a court to disregard constitutional rights, eligibility restrictions, or other applicable laws.
Definition of Public Prosecutor under Section 265J
Under Section 2(u) CrPC, "Public Prosecutor" means a person appointed under Section 24 and includes a person acting under the directions of a Public Prosecutor. The explanation to Section 265J expressly includes an Assistant Public Prosecutor appointed under Section 25 CrPC when Chapter XXIA is applied.
This clarification matters because the prosecutor may participate in the meeting for a mutually satisfactory disposition in a police-report case under Section 265C CrPC. The explanation prevents an unduly narrow reading of the prosecutor's role in that procedure.
Corresponding law: Section 298 BNSS
Section 298 BNSS (Savings) performs the corresponding function for the plea-bargaining chapter under the BNSS. It gives that chapter effect despite inconsistent provisions elsewhere in the BNSS and contains an explanation concerning the expression "Public Prosecutor" and Assistant Public Prosecutors. Read the operative wording in the official BNSS text before applying a particular appointment or definition provision.
| Issue | CrPC framework | BNSS framework |
|---|---|---|
| Savings / priority of plea-bargaining chapter | Section 265J | Section 298 |
| Statutory scheme | Chapter XXIA, Sections 265A-265L | Plea-bargaining provisions, Sections 289-300 |
| Changeover and pending proceedings | CrPC as applicable under savings | Section 531 BNSS (repeal and savings) |
Practical implications for plea bargaining
- Apply the special procedure: Determine whether the offence and accused are eligible for plea bargaining before relying on the chapter.
- Observe voluntariness: A plea-bargaining application and mutually satisfactory disposition must follow the safeguards prescribed by the applicable procedural code.
- Identify the prosecutor correctly: The chapter's explanation includes eligible Assistant Public Prosecutors, rather than restricting participation only to a Public Prosecutor appointed under the general provision.
- Distinguish special and general rules: Where there is a genuine inconsistency, the plea-bargaining chapter has priority; otherwise general rules continue to operate where applicable.
- Check the proceeding's date: For matters spanning 1 July 2024, examine Section 531 BNSS and the procedural status of the case.
Frequently asked questions
Does Section 265J allow plea bargaining in every criminal case?
No. Section 265J addresses priority and interpretation of the plea-bargaining chapter; it does not override the chapter's own eligibility conditions and exclusions.
Can an Assistant Public Prosecutor participate in plea bargaining?
Yes, where the statutory appointment and applicable chapter requirements are met. The explanation to Section 265J expressly includes an Assistant Public Prosecutor appointed under Section 25 CrPC.
Is Section 265J CrPC still the current provision?
The corresponding provision for proceedings governed by the BNSS is Section 298. Section 265J remains relevant for understanding the former CrPC framework and proceedings to which the CrPC continues to apply under applicable savings rules.
Official statutes and related provisions
Consult the India Code official legislation portal for the authoritative texts of the Code of Criminal Procedure, 1973, the Bharatiya Nagarik Suraksha Sanhita, 2023, and amendments. Related provisions include Section 265H (powers of the court), Section 265I (detention set-off), and Section 265K (protection of accused statements).
This article provides general statutory information. The precise applicable procedure depends on the case, commencement date and relevant savings provisions.