Chapter XXIA
Section 265B CrPC: Application for plea bargaining
New Law Update (2024)
Section 340 BNSS
TRIAL COURT
Court in which offence is pending for trial
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) A person accused of an offence may file an application for plea bargaining 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 a case 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, as the case may be, and to the accused to appear on the date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case, as the case may be, 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.
(5) If the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, 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.
(6) If 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 Code from the stage such application has been filed under sub-section (1).
Important Sub-Sections Explained
Section 265B(2) CrPC
This sub-section mandates the specific details required in a plea bargaining application, including a brief case description and the offence. Crucially, it requires a sworn affidavit from the accused affirming the voluntary nature of the plea and confirming no prior conviction for the same offence, ensuring informed consent and eligibility.
Section 265B(5) CrPC
Following the Court’s satisfaction that the application is voluntary, this sub-section outlines the primary outcome of plea bargaining. It directs the Court to grant time for the Public Prosecutor/complainant and the accused to negotiate a mutually satisfactory disposition, often encompassing compensation and expenses for the victim.
Landmark Judgements
State of Gujarat v. Natwar Harchandji Thakor (2002):
The Supreme Court upheld the constitutional validity of Chapter XXIA of the CrPC, which introduced plea bargaining. This judgment clarified the scope and applicability of plea bargaining, affirming its role as an alternative dispute resolution mechanism in criminal cases, subject to certain conditions and exclusions.
Md. Anil v. State of Jharkhand (2018):
The Supreme Court reiterated the voluntary nature of plea bargaining and emphasized the Court’s duty to ensure that the accused fully understands the consequences before proceeding. It underscored that the process must not be influenced by any coercion or undue pressure and that the accused’s decision must be informed and voluntary.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / SESSIONS JUDGE, [City/District]
Criminal Case No. [Number] of [Year]
IN THE MATTER OF:
The State / Complainant
[Complainant’s Name/Details]
VERSUS
[Accused’s Name]
S/o. [Father’s Name]
R/o. [Address]
APPLICATION UNDER SECTION 265B OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR PLEA BARGAINING
MOST RESPECTFULLY SHOWETH:
1. That the applicant/accused, [Accused’s Name], is an accused in the aforesaid criminal case pending before this Hon’ble Court for the offence(s) punishable under Section(s) [relevant Sections] of the [relevant Act/Code].
2. That the applicant voluntarily seeks to enter into a plea bargain in the present case, having fully understood the nature and extent of punishment provided under the law for the offence(s) he is accused of.
3. That the applicant affirms that he has not been previously convicted by a Court in a case in which he had been charged with the same offence, as stated in the accompanying affidavit.
4. That a brief description of the case, including the offence(s) to which the case relates, is annexed herewith/provided in the affidavit.
5. That the applicant has filed a duly sworn affidavit affirming the voluntary nature of this application and compliance with the conditions specified under Section 265B(2) CrPC.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Allow the present application for plea bargaining under Section 265B of the Code of Criminal Procedure, 1973.
b) Issue notice to the Public Prosecutor/Complainant and the applicant to appear for further proceedings as per law.
c) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Place: [City]
Date: [Date]
[Signature of Accused]
[Accused’s Name]
[Signature of Advocate for Accused]
[Advocate’s Name]
VERIFICATION
I, [Accused’s Name], the above-named applicant/accused, do hereby verify on this [Day] day of [Month], [Year] that the contents of the above application are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Verified at [City] on this [Day] day of [Month], [Year].
[Signature of Accused]
[Accused’s Name]