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Plea Bargaining under BNSS Sections 289 300 Judiciary Notes
Plea Bargaining - Chapter XXIII (Sections 289-300) BNSS
Chapter - XXIII (Sections 289-300)
Plea bargaining is a significant concept in criminal jurisprudence that aims to ensure speedy disposal of criminal cases by reducing the burden on courts while balancing the interests of justice. It refers to a negotiated agreement between the accused and the prosecution in which the accused voluntarily pleads guilty to a lesser offence or accepts a reduced punishment in exchange for certain concessions.
Objective
The primary objective of plea bargaining is to:
- avoid prolonged trials,
- save judicial time,
- reduce pendency of cases, and
- provide quicker relief to victims as well as accused persons.
Plea bargaining was introduced in India in the year 2005 through the Criminal Law (Amendment) Act, 2005, which inserted Chapter XXI-A (Sections 265A–265L) into the Code of Criminal Procedure. It has been incorporated in Chapter XXIII (Sections 289-300) in Bharatiya Nagarik Suraksha Sanhita, 2023.
Offences Not Covered Under Plea Bargaining
- Punishable with death, life imprisonment, or imprisonment exceeding seven years.
- Offences affecting the socio-economic condition of the country.
- Offences committed against specific persons - Woman or Child.
Procedure of Plea Bargaining
Application for Plea Bargaining
Section 290 lays down the procedure, conditions, and safeguards for filing and consideration of an application for plea bargaining.
- Who Can Apply: Person accused of an offence against whom trial is pending.
- Time Limit: Application must be filed within 30 days from the date of framing of charge.
The application must:
- include brief description of the case i.e. nature of the case, offences involved, and
- shall be accompanied by an affidavit stating that application is filed voluntarily and he has not been previously convicted for the same offence.
Notice to Appear on the Date Fixed for the Case
After receiving the application, the Court shall issue notice to appear on the date fixed for the case. Notice shall be sent to:
- Public Prosecutor (in cases instituted on Police Report), or
- Complainant (in cases instituted on complaint), and
- Accused.
Examination of the Accused
On the day fixed for appearance, in camera examination of the accused is conducted to satisfy that the application has been filed voluntarily.
Mutually Satisfactory Disposition
Once 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.
Participants in the Process of Mutually Satisfactory Disposition (Section 291)
- In a case instituted on a police report: Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case.
- In a case instituted otherwise than on Police Report: Accused and the Victim.
Duty of the Court
It shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting.
Disposal of Case After Successful Plea Bargaining
Section 293 explains how the Court finally disposes of the case once a mutually satisfactory disposition has been recorded. The court may dispose the case in following ways:
- Award compensation to the victim.
- Release the accused on probation of good conduct or after admonition under Section 401.
- The accused may be awarded a reduced sentence in accordance with the following principles:
- If the offence provides for minimum punishment:
- Sentence may be reduced to ½ (half) of the minimum punishment.
- If the accused is a first-time offender, sentence may be reduced to ¼ (one-fourth) of the minimum punishment.
- If the offence does not provide for minimum punishment:rn
- Sentence may be reduced to ¼ (one-fourth) of the punishment provided.
- If the accused is a first-time offender, sentence may be reduced to ⅙ (one-sixth) of the punishment provided.
Judgment and its Finality
Judgment in cases of successful plea bargaining must be given in open Court. Section 295 states that such judgment shall be final and no appeal shall lie in any Court against such judgment. Only remedy against such judgment is:
- special leave petition under Article 136, and
- writ petition under Articles 226 and 227 of the Constitution.
