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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXIII: Plea Bargaining

Section 290 BNSS: Application for plea bargaining

Corresponding CrPC
Section 265B CrPC

Bare Act text

(1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the date of framing of charge 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 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 and to the accused to appear on the date fixed for the case.

(4) When the Public Prosecutor or the complainant of the case 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 and where—

(a) 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 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;

(b) 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 Sanhita from the stage such application has been filed under sub-section (1).

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

A person accused of an offence may apply for plea bargaining within thirty days from the date of framing of charge in the Court where the case is pending. The application must briefly describe the case and offence and be accompanied by an affidavit that he has voluntarily applied after understanding the nature and extent of punishment and has not previously been convicted by a Court in a case charging the same offence. The Court issues notice to the Public Prosecutor or complainant and the accused. On their appearance, it examines the accused in camera, in the other party's absence, to check voluntariness. If satisfied, it gives time not exceeding sixty days for the Public Prosecutor or complainant and the accused to work out a mutually satisfactory disposition, which may include compensation and expenses to the victim, and fixes a further hearing date. If the application was involuntary or the accused was previously convicted for the same offence, the Court proceeds under the Sanhita from the stage the application was filed.

Chapter XXIII: Plea Bargaining

  1. 289 Application of Chapter
  2. 290 Application for plea bargaining
  3. 291 Guidelines for mutually satisfactory disposition
  4. 292 Report of mutually satisfactory disposition to be submitted before Court
  5. 293 Disposal of case
  6. 294 Judgment of Court
  7. 295 Finality of judgment
  8. 296 Power of Court in plea bargaining
  9. 297 Period of detention undergone by accused to be set off against sentence of imprisonment
  10. 298 Savings
  11. 299 Statements of accused not to be used
  12. 300 Non-application of Chapter