Code of Criminal Procedure, 1973Bharatiya Nagarik Suraksha Sanhita, 2023

CrPC 265BBNSS 290

Application for plea bargaining

Canonical: https://www.vakilpedia.com/crpc-265b-to-bnss

What changed

  • Time limit for plea bargaining "within a period of thirty days from the date of framing of charge" is added in subsection (1). 290 (4) (a) "not exceeding sixty days" is added, regarding accused to work out a mutually satisfactory disposition of the case".
  • The words "as the case may be" excluded.

Drafting-ready

Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 265B of the Code of Criminal Procedure, 1973)...

Bare act text — BNSS 290

290. Application for plea bargaining .—(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 th e 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).

Frequently asked

What is CrPC 265B equivalent in BNSS?

CrPC Section 265B (Application for plea bargaining) corresponds to Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

What changed between CrPC 265B and BNSS 290?

Time limit for plea bargaining "within a period of thirty days from the date of framing of charge" is added in subsection (1). 290 (4) (a) "not exceeding sixty days" is added, regarding accused to work out a mutually satisfactory disposition of the case". The words "as the case may be" excluded.

How do I cite BNSS 290 in a pleading?

Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 265B of the Code of Criminal Procedure, 1973)...

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