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CHAPTER XXIII PLEA BARGAINING

Section 290: Application for plea bargaining

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial.

(2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in which he had been charged with the same offence.

(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case.

(4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where—

(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case;

(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under sub-section (1).

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 10 of our papers cite Section 290. Try these from the free papers:

  1. 1. Under Section 290(4)(a) of the BNSS, where the Court is satisfied that the application for plea bargaining has been filed voluntarily, it shall provide time to the Public Prosecutor or the complainant and the accused to work out a mutually satisfactory disposition, not exceeding

  2. 2. Consider the following statements regarding plea bargaining under Chapter XXIII of the BNSS: 1. On the date fixed, the Court examines the accused in camera, where the other party in the case is not present, to satisfy itself that the application was filed voluntarily. 2. The offences affecting the socio-economic condition of the country, to which the Chapter does not apply, are determined by the State Government by notification. 3. The Chapter does not apply to any juvenile or child as defined in Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita