Quick answer
Yes, in limited cases. Under plea bargaining in Chapter XXIII of the B.N.S.S. (Sections 289 to 300), an accused may voluntarily apply, within 30 days from the framing of charge, to settle the case and receive a reduced sentence. It is not available for offences punishable with death, life imprisonment or imprisonment exceeding seven years, for notified socio-economic offences, for offences against a woman or a child, or for juveniles. The court must first satisfy itself, in camera (in private), that the application is voluntary.
The law
Plea bargaining was added to the Code of Criminal Procedure, 1973 (the old law) by amendment as Chapter XXIA (Sections 265A to 265L). The B.N.S.S. carries it forward in Sections 289 to 300, with three notable changes: a 30-day time limit for the application, larger sentence reductions for first-time offenders, and an exclusion for offences against any child (the old law said a child below 14 years).
Essential points
- Eligible cases (Section 289): a police report under Section 193 or a complaint case where process has been issued, for an offence not punishable with death, life imprisonment or imprisonment above seven years.
- Exclusions: offences affecting the socio-economic condition of the country (notified by the Central Government), offences against a woman or a child (Section 289), and any juvenile or child under the Juvenile Justice Act, 2015 (Section 300).
- Application (Section 290): within 30 days from the date of framing of charge, with an affidavit that the accused chose plea bargaining voluntarily after understanding the punishment, and that he has not previously been convicted by a court in a case where he was charged with the same offence.
- Voluntariness check: the court examines the accused in camera, without the other side. If the application is involuntary, or there is a previous conviction for the same offence, the trial continues.
- Mutually satisfactory disposition (Sections 290 and 291): up to 60 days for the prosecutor or complainant, the victim and the accused to work it out; it may include compensation to the victim.
- Sentence (Section 293): probation or admonition where suitable; otherwise half the minimum punishment (one-fourth for a first-time offender), or, where there is no minimum, one-fourth of the punishment provided (one-sixth for a first-time offender).
- Finality (Sections 295 and 299): no appeal, except a special leave petition under Article 136 or a writ under Articles 226 and 227. Statements in the application cannot be used for any other purpose.
Old law and new law
| Point | CrPC, 1973 (old) | B.N.S.S. |
|---|---|---|
| Provisions | Sections 265A to 265L | Sections 289 to 300 |
| Time for application | No fixed limit | Within 30 days of framing of charge |
| Time to work out disposition | No fixed limit | Not more than 60 days |
| Offences against children excluded | Child below 14 years | Any child |
| First-time offender | No special reduction | One-fourth of minimum, or one-sixth of punishment provided |
Aadil, who has no previous conviction, is charged with an offence punishable with up to three years and no minimum sentence, not committed against a woman or a child and not a notified socio-economic offence. Within 30 days of the charge being framed, he applies for plea bargaining and swears that he does so voluntarily. The judge questions him privately and is satisfied. Aadil agrees to compensate the victim. The court may sentence him to one-sixth of the maximum, that is up to six months, or release him on probation.
Exam point
Plea bargaining (Sections 289 to 300 B.N.S.S.) is only for offences up to seven years, excluding offences against women and children and notified socio-economic offences; the application must be voluntary and filed within 30 days of framing of charge.
For the full trial procedure, see the B.N.S.S. complete notes.
