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Plea Bargaining Application under Section 290 BNSS / Section 265B CrPC in a Private Complaint

This is an updated specimen application and supporting affidavit for an accused seeking plea bargaining in a private complaint case. For proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), plea bargaining is contained in Chapter XXIII, Sections 289 to 300. Section 290 BNSS corresponds broadly to former Section 265B CrPC.

Current-law update: The BNSS came into force on 1 July 2024. Under Section 290(1), an eligible accused may file an application for plea bargaining within 30 days from the date of framing of charge in the court where the case is pending for trial. The application must be accompanied by an affidavit confirming that it is voluntary, that the accused understands the nature and extent of punishment, and that the accused has not previously been convicted of the same offence.

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When Is Plea Bargaining Available under the BNSS?

Section 289 BNSS applies to specified cases instituted on a police report and to eligible complaint cases. In a private complaint matter, the provision applies where a Magistrate has taken cognizance of an eligible offence on complaint and, after examination under Section 223, has issued process under Section 227.

Plea bargaining is not available where the offence is punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years. It is also excluded where the offence affects the socio-economic condition of the country as notified by the Central Government, or where the offence has been committed against a woman or a child. Section 300 additionally excludes juveniles and children as defined under the Juvenile Justice law.

Before using the specimen: Confirm that the offence is legally eligible for plea bargaining, that the application is within the Section 290 time limit, and that no statutory exclusion or special-law restriction applies.

CrPC and BNSS Plea Bargaining Sections

CrPC, 1973BNSS, 2023Subject
Section 265ASection 289Application of the Chapter
Section 265BSection 290Application for plea bargaining
Section 265CSection 291Guidelines for mutually satisfactory disposition
Section 265DSection 292Report of mutually satisfactory disposition
Section 265ESection 293Disposal of case
Section 265FSection 294Judgment of Court
Section 265GSection 295Finality of judgment
Section 265HSection 296Power of Court in plea bargaining
Section 265ISection 297Set-off of detention undergone
Section 265JSection 298Savings
Section 265KSection 299Statements of accused not to be used
Section 265LSection 300Non-application to juvenile or child

Application for Plea Bargaining in a Private Complaint Case

IN THE COURT OF ______________________________ AT __________________

Complaint Case No.: __________________ of 20____

Complainant: ______________________________

VERSUS

Accused/Applicant: ______________________________

Offence(s): Under Section(s) ______________________________

Police Station/District, if applicable: ______________________________

Next Date of Hearing: ______________________________

APPLICATION UNDER SECTION 290 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR PLEA BARGAINING

MOST RESPECTFULLY SHOWETH:

1. That the applicant is the accused in the above-captioned private complaint case pending before this Hon'ble Court.

2. That this Hon'ble Court has taken cognizance of the complaint and process has been issued against the applicant in respect of the offence(s) punishable under Section(s) ______________________________.

3. That charge has been framed against the applicant on __________________ and the present application is being filed within the period prescribed under Section 290(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

4. That the offence(s) in question fall within the scope of Chapter XXIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 and are not excluded by Section 289 or Section 300 thereof.

5. That the applicant has preferred the present application voluntarily, of his/her own free will, after understanding the nature of the allegations and the nature and extent of punishment provided by law for the offence(s) in question.

6. That the applicant has not previously been convicted by any Court in a case in which he/she had been charged with the same offence(s).

7. That the applicant is willing to participate bona fide in the statutory process for working out a mutually satisfactory disposition in accordance with Sections 290 to 293 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

(a) take the present application for plea bargaining on record under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(b) satisfy itself, in accordance with law, that the application has been filed voluntarily;

(c) permit the parties to proceed for a mutually satisfactory disposition in accordance with Chapter XXIII of the Bharatiya Nagarik Suraksha Sanhita, 2023; and

(d) pass such other or further order as this Hon'ble Court may deem fit and proper in the interests of justice.

PLACE: __________________

DATE: __________________

APPLICANT/ACCUSED
Through Counsel
______________________________

Saved CrPC proceedings: Where the proceeding continues under the Code of Criminal Procedure, 1973 by operation of the BNSS repeal-and-savings provision, the application may require reference to Section 265B CrPC instead of Section 290 BNSS. The applicable procedural law should be confirmed from the case record and commencement/savings provisions.

Affidavit Supporting the Plea Bargaining Application

IN THE COURT OF ______________________________ AT __________________

Complaint Case No.: __________________ of 20____

Complainant: ______________________________

VERSUS

Accused/Applicant: ______________________________

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 290 BNSS FOR PLEA BARGAINING

I, ______________________________, aged about ______ years, son/daughter/wife of ______________________________, resident of ______________________________, do hereby solemnly affirm and state as follows:

1. That I am the accused/applicant in the accompanying application and am competent to swear this affidavit.

2. That I have filed the accompanying application for plea bargaining under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 voluntarily, of my own free will and without any coercion, undue influence, threat or pressure.

3. That I understand the nature of the allegations against me and the nature and extent of punishment provided by law for the offence(s) concerned.

4. That I have not previously been convicted by any Court in a case in which I had been charged with the same offence(s).

5. That the contents of the accompanying application have been read over and explained to me and are understood by me.

DEPONENT

VERIFICATION

Verified at __________________ on this ______ day of __________________, 20____ that the contents of paragraphs 1 to 5 above are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

DEPONENT

What Happens After a Plea Bargaining Application Is Filed?

Under Section 290, after receiving the application the Court issues notice to the concerned parties and examines the accused in camera to satisfy itself that the application was filed voluntarily. If the Court is satisfied about voluntariness, it allows time for working out a mutually satisfactory disposition under Section 291. The BNSS provides a time-bound framework for this process.

In a case instituted otherwise than on a police report, the Court facilitates the process involving the accused and the victim. If a mutually satisfactory disposition is worked out, a report is prepared under Section 292 and the Court disposes of the case according to Section 293. The judgment is delivered under Section 294.

Section 295 provides finality to the plea-bargaining judgment, subject to the constitutional remedies expressly preserved there. Section 299 protects an accused by restricting the use of statements made in a plea-bargaining application for other purposes.