Chapter XXIA
Section 265E CrPC: Disposal of the case
New Law Update (2024)
Section 285 BNSS
TRIAL COURT
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Where a satisfactory disposition of the case has been worked out under Section 265D, the Court shall dispose of the case in the following manner, namely:—
(a) the Court shall award the compensation to the victim in accordance with the disposition under Section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under Section 360 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;
(b) after hearing the parties under clause (a), if the Court is of the view that Section 360 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the case may be;
(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment;
(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable, as the case may be, for such offence.
Important Sub-Sections Explained
Section 265E(1)(c)
This sub-section empowers the Court to sentence an accused person to half of the minimum punishment prescribed by law for the offence, provided a plea bargain has been successfully worked out.
Section 265E(1)(d)
For offences not covered by specific minimum punishments or probation, this sub-section allows the Court to reduce the sentence to one-fourth of the maximum possible punishment, facilitating a significant reduction for the accused.
Landmark Judgements
State of Gujarat v. Natwar Harchanji Thakor (2009):
The Supreme Court upheld the constitutional validity of plea bargaining provisions (Chapter XXIA of CrPC), emphasizing its role in expediting criminal justice and reducing the burden on courts, thereby affirming the foundational principles guiding disposal under Section 265E.
Narinder Kumar v. State of Haryana (2012):
The Supreme Court reiterated that plea bargaining is a pragmatic approach for effective criminal justice delivery, stressing that the benefits, including reduced punishment and compensation for victims under Section 265E, must be applied consistent with the voluntary and fair nature of the plea agreement.