Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 290 – Plea Bargaining

Code:

290. (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 a similar case.

(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).

Explanation:

This section outlines the process for plea bargaining in criminal cases under the Bharatiya Nagarik Suraksha Sanhita (BNSS). Plea bargaining allows an accused person to negotiate a lesser sentence in exchange for pleading guilty to the crime. This process provides an opportunity for the accused to avoid a lengthy trial and potentially receive a lighter punishment.

Illustration:

Suppose Ram is accused of theft. The court frames charges against him. Within 30 days, Ram can file an application for plea bargaining with the court, providing an affidavit stating he understands the potential punishments and is voluntarily seeking plea bargaining. The court will then notify the Public Prosecutor and the complainant to appear for a hearing. During the hearing, the court will examine Ram privately to ensure he filed the application voluntarily. If the court is satisfied, it will allow a 60-day window for Ram, the Public Prosecutor, and the complainant to negotiate a settlement. This settlement could involve Ram pleading guilty in exchange for a reduced sentence or other conditions. The court will then schedule further hearings to finalize the agreement.

Common Questions and Answers:

• Q: Who can file an application for plea bargaining?
• A: A person accused of an offence can file an application for plea bargaining.
• Q: When can the application be filed?
• A: The application can be filed within 30 days from the date the charge is framed in the court.
• Q: What are the requirements for the application?
• A: The application must include a brief description of the case, the offence, and an affidavit from the accused confirming their voluntary intent and understanding of the potential punishments. Additionally, the accused must not have been previously convicted of a similar offence.
• Q: What happens after the application is filed?
• A: The court will issue notices to the Public Prosecutor, the complainant, and the accused to appear for a hearing. During the hearing, the court will examine the accused privately to verify the application’s voluntariness.
• Q: What happens if the application is accepted?
• A: The court will provide a 60-day window for the accused, the Public Prosecutor, and the complainant to negotiate a mutually satisfactory disposition of the case.
• Q: What happens if the application is rejected?
• A: The court will proceed with the case according to the provisions of the BNSS, as if the plea bargaining application had never been filed.