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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXIII: Plea Bargaining

Section 289 BNSS: Application of Chapter

Corresponding CrPC
Section 265A CrPC

Bare Act text

(1) This Chapter shall apply in respect of an accused against whom—

(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

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

The plea bargaining Chapter applies where a police report alleges an offence not punishable with death, life imprisonment or imprisonment exceeding seven years, or where a Magistrate has taken cognizance on a complaint of such an offence and issued process. It does not apply where the offence affects the country's socio-economic condition or was committed against a woman or child, and the Central Government notifies the offences in the first category.

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
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