Section 265G CrPC: Finality of the judgment

Chapter XXIA

Appeal Restriction, Constitutional Remedies, Criminal Procedure Code, Judgment Finality, Plea bargaining, Special Leave Petition, Writ Petition

New Law Update (2024)

Section 298 BNSS

TRIAL COURT

Punishment

Procedural – Judgment / Sentencing

Cognizable?

Bailable?

Compoundable?

Bare Act Text

The judgment delivered by the Court under Section 265G shall be final, and no appeal (except a Special Leave Petition under Article 136 and a Writ Petition under Articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.

Important Sub-Sections Explained

Landmark Judgements

Kasturi v. State of U.P. (2014):

The Supreme Court reiterated the finality of judgments rendered under Section 265G, emphasizing that such judgments could only be challenged on the limited grounds of Article 136 or Articles 226/227. This reinforced the legislative intent to ensure expeditious disposal of cases through plea bargaining.

K.M. Ibrahim @ Ibrahim Khalil v. State of Kerala (2017):

The Supreme Court affirmed that a judgment and order passed in terms of Section 265G CrPC is not amenable to ordinary appeal, thereby underscoring the finality provision and confirming that exceptions are available only under the constitutional powers of the Supreme Court and High Courts.

Chapter XXIA