Section 265A CrPC: Application of the Chapter on Plea Bargaining

Section 265A of the Code of Criminal Procedure, 1973 formed part of Chapter XXIA dealing with plea bargaining. It defined the criminal cases to which the plea bargaining procedure applied and expressly excluded specified categories of offences.

Pre-BNSS legal position: This article explains Section 265A CrPC as applicable under the Code of Criminal Procedure, 1973 before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. The corresponding plea bargaining framework under the BNSS begins with Section 289.

What is Section 265A CrPC?

Section 265A is the gateway provision of Chapter XXIA of the CrPC. It determines whether an accused and the criminal case fall within the statutory plea bargaining framework. In broad terms, the provision covers eligible police-report cases and complaint cases, subject to the punishment threshold and the specific exclusions contained in the section.

Text and scope of Section 265A

Section 265A - Application of the Chapter.

(1) The Chapter applies in respect of an accused against whom:

(a) a police report has been forwarded under Section 173 alleging commission of an offence, other than an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years; or

(b) a Magistrate has taken cognizance of an offence on a complaint, other than an offence carrying those punishments, and, after examining the complainant and witnesses under Section 200, has issued process under Section 204.

The Chapter does not apply where the offence affects the socio-economic condition of the country or has been committed against a woman or a child below fourteen years of age.

(2) For this purpose, the Central Government determines by notification the offences treated as affecting the socio-economic condition of the country.

Meaning of the connected CrPC provisions

Section 173 - Police report after investigation

Section 173 deals with completion of police investigation and forwarding of the police report to the Magistrate. Section 265A(1)(a) uses the forwarding of such a report as one of the procedural situations in which plea bargaining may become available, provided the case is otherwise eligible.

Section 200 - Examination of complainant

Section 200 concerns examination on oath of the complainant and the witnesses present when a Magistrate takes cognizance of an offence on complaint, subject to the statutory exceptions contained in that provision.

Section 204 - Issue of process

Section 204 concerns issue of summons or warrant when, in the opinion of the Magistrate taking cognizance, there is sufficient ground for proceeding. For a complaint case, Section 265A links eligibility to cognizance, examination under Section 200, and issue of process under Section 204.

Cases covered by Section 265A

  • Cases instituted on a police report forwarded under Section 173, if the alleged offence satisfies the statutory punishment limit.
  • Complaint cases in which the Magistrate has taken cognizance, examined the complainant and witnesses as contemplated by Section 200, and issued process under Section 204.
  • Offences that are not punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years, subject to the other exclusions in Section 265A.

Cases excluded from plea bargaining under Section 265A

Even where the punishment threshold is satisfied, Chapter XXIA does not apply where the offence affects the socio-economic condition of the country, has been committed against a woman, or has been committed against a child below fourteen years of age. The Central Government is empowered to identify, by notification, offences affecting the socio-economic condition of the country.

Why Section 265A was important

Section 265A performed a screening function. It did not by itself conclude a plea bargain or entitle an accused to a particular sentence. Instead, it identified the class of cases that could enter the statutory process. The subsequent provisions of Chapter XXIA governed the application, voluntary nature of the plea, mutually satisfactory disposition, disposal, judgment and related safeguards.

Chapter XXIA and the introduction of plea bargaining

Chapter XXIA, comprising Sections 265A to 265L, was inserted into the CrPC by the Criminal Law (Amendment) Act, 2005 and brought the statutory plea bargaining mechanism into the Code. The original page correctly records that the Chapter was inserted with effect from 5 July 2006.

Position under the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC framework for the new procedural regime. Plea bargaining is dealt with in Chapter XXIII of the BNSS, beginning with Section 289, titled "Application of Chapter". This page is retained as a reference to the pre-BNSS CrPC provision and should be read accordingly for proceedings governed by the earlier Code.

Legal information on this page is intended for general reference. Applicability can depend on the date of the proceeding, the alleged offence, transitional provisions and the facts of the case.