BNSS Section 299: Protection from Using Plea Bargain Statements in Other Proceedings
Code:
‘299. Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter.’
Explanation:
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) establishes a crucial safeguard for accused persons who engage in plea bargaining. It states that any statements or facts disclosed by the accused in their plea bargaining application (filed under Section 290) cannot be used against them in any other legal proceeding.
The purpose of this section is to encourage accused persons to honestly participate in the plea bargaining process without fearing that their admissions could be used to their detriment in future cases.
Illustration:
Let’s say a person is accused of theft and decides to plea bargain. During the plea bargaining process, they admit to the crime in their application under Section 290. The prosecution and the accused reach an agreement, and the accused is sentenced.
Later, the same person is accused of another crime, unrelated to the theft. In this new case, the prosecution cannot use the admissions made during the plea bargaining process for the theft case against the accused.
Common Questions and Answers:
- Q: What is the scope of “any other purpose” in Section 299?
A: This means that statements from a plea bargain application cannot be used in any other legal matter, including civil cases, administrative proceedings, or even disciplinary actions. - Q: What if the accused lies in their plea bargaining application?
A: Even if the accused provides false information in their plea bargaining application, Section 299 still protects them from having those statements used against them in other cases. However, they could face consequences for perjury within the plea bargaining process. - Q: Does Section 299 apply to all statements made during the plea bargaining process?
A: This section applies specifically to statements or facts made in the written application filed under Section 290. It does not cover other discussions or negotiations that might occur during the plea bargaining process.
