Criminal Procedure | Plea Bargaining | Updated 19 October 2026
Section 265K CrPC: Statements of Accused Not to Be Used | Section 299 BNSS
Section 265K of the Code of Criminal Procedure, 1973 protected statements and facts disclosed by an accused in a plea-bargaining application from being used for purposes outside the plea-bargaining chapter. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 299.
Original text of Section 265K CrPC
265K. Statements of accused not to be used. — Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 265B shall not be used for any other purpose except for the purpose of this Chapter.
Section 265K was inserted by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), effective 5 July 2006, as part of Chapter XXI-A on plea bargaining.
Meaning of Section 265K CrPC
The provision is a limited-use safeguard. An accused seeking plea bargaining may disclose facts in the application. Section 265K prevents those application statements and facts from being used for an unrelated purpose, even where another law might otherwise be relied on to seek their use.
What does "notwithstanding" mean?
The word "notwithstanding" introduces an overriding rule. Where another law conflicts with the specific restriction on using facts or statements in the plea-bargaining application, Section 265K controls within its defined scope.
What is an application under Section 265B?
Under Section 265B CrPC, an eligible accused could submit a plea-bargaining application to the court. The application and accompanying affidavit formed part of the statutory procedure. Section 265K concerns the statements or facts stated by the accused in that application.
What is the permitted purpose?
The application material may be used for the purposes of Chapter XXI-A, the CrPC chapter governing plea bargaining. The statutory text does not create a blanket immunity for every statement an accused makes in other settings or for evidence obtained independently of the application.
Section 299 BNSS: Current corresponding provision
Section 299 BNSS, "Statements of accused not to be used", carries forward the restriction in the plea-bargaining framework. It refers to the application made under Section 290 BNSS, which corresponds to the earlier Section 265B CrPC.
| Point | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Protection of plea-bargaining application statements | Section 265K | Section 299 |
| Application for plea bargaining | Section 265B | Section 290 |
| Relevant plea-bargaining chapter | Chapter XXI-A | Chapter XXIII |
| Restriction | Application statements and facts cannot be used for purposes outside the chapter | Corresponding restriction for the BNSS application and chapter |
Practical implications and limits
- Filing the application: The accused should follow the eligibility, voluntariness and affidavit requirements under the applicable procedural code.
- Confidentiality is not absolute: The rule limits the use of specified application statements; it does not expressly establish a general privilege over every discussion, document or piece of evidence.
- Unsuccessful negotiations: If plea bargaining does not result in a disposition, the statutory protection for the specified application statements remains relevant when considering their use in other proceedings.
- Independent evidence: Material obtained independently must be assessed on its own legal basis; this provision does not automatically exclude it merely because similar facts appeared in an application.
- Pending proceedings: Check Section 531 BNSS and the procedural history to determine whether the saved CrPC process or BNSS process governs.
Illustrative example
An accused submits a valid plea-bargaining application describing their alleged role in an offence. The court later finds that a mutually satisfactory disposition cannot be reached. Under the applicable statutory provision, the facts stated by the accused in that plea-bargaining application cannot be repurposed as evidence of guilt in an ordinary trial outside the plea-bargaining chapter. This example does not determine the admissibility of independently collected evidence.
Related legal provisions
Section 265J CrPC addresses the overriding operation of the plea-bargaining chapter, while Section 265L CrPC deals with its non-application to specified proceedings. Section 265G CrPC addresses the finality of judgments made under the chapter.
Frequently asked questions
What does Section 265K CrPC protect?
It restricts the use of statements or facts stated by an accused in a plea bargaining application under Section 265B to the purposes of the plea bargaining chapter.
What is the corresponding provision under BNSS?
Section 299 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses the use of statements by the accused in an application under Section 290 BNSS.
Does the rule protect all statements made by the accused?
No. Its express wording concerns statements or facts stated in the plea bargaining application; other statements and independently obtained evidence must be assessed under the applicable law.
Can an unsuccessful plea bargaining application be used as proof of guilt?
The statutory restriction bars use of statements or facts stated in the specified application for purposes outside the plea bargaining chapter. The court must apply the precise statutory rule to the circumstances.
Official legal sources
- India Code - Government of India legislation database. Consult the Code of Criminal Procedure, 1973, Section 265K, and the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 299.
- e-Gazette of India - official legislative notifications.
- Code of Criminal Procedure - overview and section index.
This article is for general legal information. The precise application of statutory safeguards depends on the facts, applicable procedure and judicial interpretation.