Section 265L CrPC and Section 300 BNSS: Non-application of Plea Bargaining to Children
Section 265L of the Code of Criminal Procedure, 1973 excluded juveniles and children from the plea-bargaining chapter. The corresponding current rule is Section 300 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which refers to the Juvenile Justice (Care and Protection of Children) Act, 2015.
Current law: The BNSS came into force on 1 July 2024. Section 300 applies to the plea-bargaining provisions in Chapter XXIII. Section 531 BNSS contains repeal and savings provisions relevant to proceedings already pending under the CrPC. The applicable procedure depends on the facts and procedural history of the case.
Section 265L CrPC: Original statutory provision
265L. Non-application of the Chapter.--Nothing in this Chapter shall apply to any juvenile or child as defined in clause (k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000).
Historical text from Chapter XXIA of the CrPC, inserted by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), effective 5 July 2006. Its reference to the Juvenile Justice Act, 2000 is retained to preserve the original wording; that Act has since been replaced by the 2015 legislation.
Section 300 BNSS: Current statutory provision
300. Non-application of Chapter.--Nothing in this Chapter shall apply to any juvenile or child as defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).
Section 300 expressly prevents the plea-bargaining mechanism in Chapter XXIII (Sections 289 to 300 BNSS) from being used for a juvenile or child covered by the 2015 Act. It does not merely limit sentencing concessions; the entire chapter is inapplicable to that category of accused.
Meaning of child and child in conflict with law
Under the Juvenile Justice (Care and Protection of Children) Act, 2015:
- Section 2(12) - Child: a person who has not completed eighteen years of age.
- Section 2(13) - Child in conflict with law: a child alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of the offence.
- Section 2(35) - Juvenile: a child below the age of eighteen years.
The age on the date of the alleged offence is especially important when determining whether a person is a child in conflict with law. A person turning eighteen while proceedings continue does not, by that fact alone, lose the protections applicable to an offence allegedly committed while under eighteen.
Legal effect of the exclusion
- No plea-bargaining application under Chapter XXIII: the child cannot invoke the adult plea-bargaining procedure under Section 290 BNSS.
- Separate juvenile justice process: allegations involving children in conflict with law are dealt with under the 2015 Act, including the role of the Juvenile Justice Board and other statutory safeguards.
- No waiver of juvenile protections: an agreement between parties cannot override the statutory exclusion in Section 300 BNSS.
- Adult co-accused: the presence of a child in a case does not by itself determine the eligibility of an adult accused; the adult's position must be assessed separately under Section 289 BNSS and other applicable law.
CrPC and BNSS provision at a glance
| Issue | Earlier CrPC | Current BNSS |
|---|---|---|
| Exclusion of children | Section 265L | Section 300 |
| Plea-bargaining chapter | Chapter XXIA | Chapter XXIII |
| Juvenile justice legislation cited | Juvenile Justice Act, 2000 | Juvenile Justice Act, 2015 |
| General plea-bargaining eligibility | Section 265A | Section 289 |
| Application for plea bargaining | Section 265B | Section 290 |
Practical examples
Example 1: Accused was 16 at the time of the alleged offence
A person accused of an offence allegedly committed at sixteen falls within the juvenile justice framework. The adult plea-bargaining chapter cannot be used merely because the person or a lawyer wishes to negotiate a plea.
Example 2: The accused turns 18 during proceedings
Where the alleged offence occurred before the eighteenth birthday, the relevant age test under Section 2(13) of the 2015 Act is the date of commission of the offence. Age and jurisdiction should be established using the procedures under that Act.
Official legislation and further reading
- India Code - official central legislation portal (search for the Bharatiya Nagarik Suraksha Sanhita, 2023; the Code of Criminal Procedure, 1973; and the Juvenile Justice Act, 2015).
- National Crime Records Bureau - BNSS chapter and section text.
- e-Gazette of India - official notifications and enacted legislation.
- LawDadi guide to the Code of Criminal Procedure.
Frequently asked questions
Does Section 300 BNSS permit a child to use plea bargaining?
No. Section 300 excludes every juvenile or child as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 from Chapter XXIII of the BNSS.
What is the CrPC equivalent of Section 300 BNSS?
Section 265L of the Code of Criminal Procedure, 1973 is the corresponding earlier provision.
What is a child under the Juvenile Justice Act, 2015?
Under section 2(12), a child is a person who has not completed eighteen years of age. Section 2(13) defines a child in conflict with law with reference to age on the date of commission of the offence.
Does the exclusion mean a child has no legal protections?
No. The Juvenile Justice (Care and Protection of Children) Act, 2015 provides a separate legal process and safeguards for children in conflict with law.
Important: This article provides general legal information, not case-specific legal advice. For questions involving age determination, pending CrPC proceedings, or juvenile justice jurisdiction, consult a qualified legal professional and the current official statutory text.