Section 265B CrPC: Application for Plea Bargaining
Section 265B of the Code of Criminal Procedure, 1973 prescribed how an accused could apply to the trial court for plea bargaining. This page explains the provision as it operated under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024.
What is plea bargaining under the CrPC?
Plea bargaining is a statutory procedure under Chapter XXIA of the CrPC through which an eligible accused may voluntarily seek a negotiated resolution of a criminal case, subject to judicial supervision and the restrictions contained in Section 265A. Section 265B deals specifically with the application, the supporting affidavit, notice to the other side and the court's examination of voluntariness.
Section 265B of the Code of Criminal Procedure, 1973
(1) A person accused of an offence may file an application for plea bargaining 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 case in which he had been charged with the same offence.
(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case, as the case may be, 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 to the Public Prosecutor or the complainant of the case, as the case may be, 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 Code from the stage such application has been filed under sub-section (1).
Chapter XXIA was inserted by Act 2 of 2006, section 4, with effect from 5 July 2006.
Requirements of an application under Section 265B
- Pending criminal case: the application is filed in the court where the offence is pending for trial.
- Brief case description: the application must identify the case and the offence concerned.
- Affidavit of the accused: the accused must state that the request is voluntary and made after understanding the nature and extent of the punishment.
- Previous conviction declaration: the affidavit must state that the accused has not previously been convicted in a case in which the same offence was charged.
- Judicial verification: the court examines the accused in camera, without the other party present, to determine whether the application is voluntary.
What happens after the application is filed?
The court issues notice to the Public Prosecutor or complainant, as applicable, and to the accused. If the court is satisfied after the in-camera examination that the application is voluntary, it allows time for the parties to work towards a mutually satisfactory disposition. The next stage is governed by Section 265C CrPC.
If the court concludes that the request was involuntary, or that the statutory previous-conviction condition is not met, the ordinary proceedings continue from the stage at which the plea-bargaining application was made.
Eligibility must be read with Section 265A
Section 265B does not operate in isolation. Eligibility for plea bargaining was controlled by Section 265A CrPC, which limited the application of Chapter XXIA and excluded specified categories of offences. Therefore, an accused considering Section 265B first had to satisfy the conditions of Section 265A.
Meaning of important expressions
In camera examination
An in-camera examination under Section 265B(4) is the court's private examination of the accused without the other party being present. Its statutory purpose is to enable the court to satisfy itself that the application has been made voluntarily.
Mutually satisfactory disposition
This refers to the settlement process contemplated by Chapter XXIA after the court accepts the voluntariness of the application. It may include compensation and other expenses payable to the victim, with the procedure continuing under Sections 265C to 265E.
Transition to BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC with effect from 1 July 2024, subject to its statutory savings and transitional provisions. For matters governed by the earlier CrPC regime, Section 265B and the connected provisions of Chapter XXIA remain important for understanding the applicable pre-BNSS procedure. For current proceedings, the relevant BNSS provisions and transition rules should be checked separately.
Official legal text
The official text of the Code of Criminal Procedure, 1973 may be checked on India Code. For current criminal procedure, refer to the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023.