Plea Bargaining in India

Plea bargaining in India is a statutory procedure, now found in Chapter XXIII (Sections 289 to 300) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), that lets an accused facing an offence punishable with up to seven years apply, within thirty days of the framing of charge, to settle the case with the prosecution and the victim in exchange for a reduced sentence. It is not open for offences punishable with death, life imprisonment or more than seven years, for notified socio-economic offences, for offences committed against a woman or a child, or for juveniles. The court controls every step, and the judgment it passes is final except for constitutional remedies.

This explainer is written for B.A. LL.B. and LL.B. students preparing for criminal procedure papers, and for any citizen who has a pending case in a magistrate's court and wants to know whether this route exists. A student in Nagercoil who learns the scheme section by section will find it is one of the easiest topics to score full marks on, because the provisions are short and the case law is clear.

Where does the law come from?

For decades the Supreme Court refused to accept any bargain over guilt. Plea bargaining entered the statute book only when the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006) inserted Chapter XXI-A, Sections 265A to 265L, into the Code of Criminal Procedure, 1973. When the BNSS replaced the CrPC on 1 July 2024, the same scheme moved, with some changes, into Chapter XXIII. In your answers, cite the BNSS section first and give the old CrPC section only as a pointer, for example "Section 290 BNSS (formerly Section 265B CrPC)".

Who can apply, and who cannot?

Section 289 BNSS sets the boundary. The Chapter applies where a police report has been forwarded under Section 193, or where a magistrate has taken cognizance on a complaint, examined the complainant and witnesses under Section 223 and issued process under Section 227, for an offence other than one punishable with death, imprisonment for life or imprisonment exceeding seven years. It does not apply where:

• the offence affects the socio-economic condition of the country, as notified by the Central Government under Section 289(2);
• the offence has been committed against a woman or a child;
• the accused is a juvenile or child as defined in Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Section 300).

Prior record also matters. Under Section 290(2), the accused's affidavit must state that he has not previously been convicted by a court in a case where he was charged with the same offence. If the court finds that he has, Section 290(4)(b) sends the case back to trial from the stage at which the application was filed.

How does the procedure work, step by step?

1. Application within thirty days. The accused files an application within thirty days from the date of framing of charge, in the court where the case is pending, with a brief description of the case and an affidavit stating that he is applying voluntarily after understanding the punishment (Section 290(1) and (2)).
2. Notice and in camera examination. The court issues notice to the Public Prosecutor or complainant and examines the accused in camera, with the other side absent, to confirm the application is voluntary (Section 290(3) and (4)).
3. Time to settle. If satisfied, the court gives not more than sixty days to work out a mutually satisfactory disposition, which may include compensation to the victim (Section 290(4)(a)). If the application is involuntary, or the accused has a previous conviction for the same offence, the trial continues from the stage at which the application was filed (Section 290(4)(b)).
4. The meeting. In a police case, the Public Prosecutor, the investigating officer, the accused and the victim are called. In a complaint case, the accused and the victim. Each may bring an advocate, and the court must ensure the process stays voluntary (Section 291).
5. Disposal. The court awards the agreed compensation, hears the parties on sentence, and first considers probation or admonition under Section 401 BNSS or the Probation of Offenders Act, 1958 (Section 293(a) and (b)).
6. Judgment. Judgment is delivered in open court and signed by the presiding officer (Section 294).

How much can the sentence be reduced?

Section 293 fixes the arithmetic. Where the law prescribes a minimum punishment, the court may impose half of that minimum, or one-fourth of it for a first-time offender. In other cases, it may impose one-fourth of the punishment provided or extendable, or one-sixth for a first-time offender. Take a hypothetical: an accused in Madurai with no previous conviction faces a charge carrying a maximum of three years and no minimum. If probation is not granted, the ceiling under clause (d) would be one-sixth, that is six months. Time already spent in custody is set off under Section 468, by virtue of Section 297.

What protections does the accused have?

• Statements or facts in the application cannot be used for any purpose other than this Chapter (Section 299).
• The judgment is final, and no appeal lies, except a special leave petition under Article 136 or a writ petition under Articles 226 and 227 of the Constitution (Section 295).
• The voluntariness check happens twice: at the in camera examination and throughout the settlement meeting.

How have the courts read it?

Before the statute. In State of Uttar Pradesh v. Chandrika (decided 29 October 1999, K.T. Thomas and M.B. Shah, JJ.), the Supreme Court held that "the concept of 'plea bargaining' is not recognised and is against public policy under our criminal justice system", and that mere admission of guilt is no ground to reduce sentence. The judgment relied on earlier rulings including Murlidhar Meghraj Loya v. State of Maharashtra (1976), Kachhia Patel Shantilal Kaderlal v. State of Gujarat (1980) and Thippaswamy v. State of Karnataka (1983), the last holding that inducing a guilty plea with a promise of a light sentence and then enhancing it violates Article 21. These cases explain why Parliament had to legislate, and they still govern any informal bargain outside the Chapter.

The Madras High Court. In G. Venkateshan v. State (Crl. O.P. No. 14485 of 2024, decided 7 August 2024), Justice G. Jayachandran held that the exclusion of offences "committed against a woman" covers only gender-centric offences, such as sexual offences, assault or criminal force against women and harassment under special laws, and not offences like theft or cheating merely because the victim is a woman. The court suggested that trial courts inform eligible accused of the right soon after charges are framed so they can apply within the thirty days under Section 290 BNSS, use District Legal Services Authority or Tamil Nadu State Legal Services Authority personnel to help the settlement process, and refer to the Ministry of Home Affairs notification dated 11 July 2006 to identify socio-economic offences. Readers should check whether a fresh notification has since been issued under Section 289(2) BNSS.

If you want to see how settlements and victim compensation work in practice, the college legal aid clinic is a good place to observe legal services work at close range.

How should you write about it in an exam?

• Open with a two-line definition and the source: Chapter XXIII, Sections 289 to 300 BNSS.
• List the exclusions in Section 289 and Section 300 precisely. Examiners deduct marks for vague phrases such as "serious offences".
• Give the procedure in numbered steps with the two time limits: thirty days to apply, sixty days to settle.
• State the sentence fractions under Section 293 and finality under Section 295.
• Contrast Chandrika (1999) with the statutory position, then add G. Venkateshan (2024) for the current reading of "against a woman".
• End with a short critical note, for example the risk to voluntariness and the role of victim compensation.

Sources

• NCRB Sankalan: Bharatiya Nagarik Suraksha Sanhita, 2023: government compilation of the BNSS with chapter index and CrPC correspondence.
• BNSS Section 290 bare text (AdvocateKhoj): the application, thirty day and sixty day limits; Sections 289 to 300 follow the same URL pattern.
• Criminal Law (Amendment) Act, 2005 (PRS India): the Act that inserted Chapter XXI-A, Sections 265A to 265L, into the CrPC.
• State of Uttar Pradesh v. Chandrika (1999): Supreme Court judgment text hosted by the J&K High Court.
• LiveLaw report on G. Venkateshan v. State (2024): Madras High Court ruling and suggestions to trial courts.
• SCC Online Blog on the same ruling: date of decision and reference to the 2006 MHA notification.