Chapter XXIA
Section 265A CrPC: Application of the Chapter
New Law Update (2024)
Section 360 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) This Chapter shall apply in respect of an accused against whom—
(a) a report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or
(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204,
but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.
(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.
Important Sub-Sections Explained
Section 265A(1)
This sub-section outlines the specific criteria for which cases are eligible for plea bargaining, clearly defining which types of offences are excluded based on the severity of their punishment or their nature, such as those impacting socio-economic conditions or involving women and children.
Section 265A(2)
This sub-section empowers the Central Government to officially identify and notify which offences are deemed to affect the socio-economic condition of the country, thereby making them ineligible for the plea bargaining process under sub-section (1).
Landmark Judgements
Madan Lal v. State of Himachal Pradesh (2014):
This Supreme Court ruling clarified the scope of plea bargaining, affirming its applicability only to offences not punishable with death, life imprisonment, or imprisonment exceeding seven years. The judgment underscored that plea bargaining is explicitly excluded for heinous crimes, offences affecting the socio-economic condition of the country, or those committed against women or children below fourteen years, while also emphasizing the victim’s crucial role and consent.
State of Uttar Pradesh v. Sanjay Singh (2019):
In this case, the Supreme Court reiterated the stringent conditions and limitations governing plea bargaining under Chapter XXI-A of the CrPC. The Court stressed that the process must strictly adhere to the statutory framework, ensuring that it is not misused or applied in a manner that dilutes the gravity of serious offences or prejudices public interest and justice.