Section 265L CrPC: Non-application of the Plea Bargaining Chapter
Section 265L of the Code of Criminal Procedure, 1973 formed part of Chapter XXI-A on plea bargaining. It excluded juveniles and children from the plea bargaining procedure under that Chapter.
Text and meaning of Section 265L CrPC
Nothing in Chapter XXI-A applies to a juvenile or child as defined under the applicable juvenile justice law.
The purpose of Section 265L was to keep a juvenile or child outside the ordinary plea bargaining mechanism created by Chapter XXI-A of the CrPC. Proceedings concerning children are governed by the special juvenile justice framework, which provides distinct procedures, safeguards and rehabilitative measures.
What was Chapter XXI-A of the CrPC?
Chapter XXI-A, comprising Sections 265A to 265L, contained the statutory scheme for plea bargaining. In general terms, plea bargaining allowed an eligible accused to voluntarily apply to the court for resolution of a criminal case through the procedure laid down in that Chapter. Section 265A defined the cases to which the Chapter applied, while Sections 265B to 265K dealt with the application, mutually satisfactory disposition, disposal, judgment, finality and related safeguards.
Meaning of juvenile or child for Section 265L
The original wording of Section 265L referred to the definition under the Juvenile Justice (Care and Protection of Children) Act, 2000. That enactment was later replaced by the Juvenile Justice (Care and Protection of Children) Act, 2015. Under the 2015 Act, a child means a person who has not completed eighteen years of age, and a child in conflict with law means a child alleged or found to have committed an offence and who had not completed eighteen years of age on the date of commission of the offence.
Relationship with Section 265A CrPC
Section 265A also restricted the application of plea bargaining. Among other exclusions, the Chapter did not apply where the offence was committed against a child below fourteen years of age. Section 265L operated from a different direction: it excluded a juvenile or child who was the person facing the criminal proceeding from the entire Chapter.
Corresponding provision under BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC as the principal criminal procedure law from 1 July 2024, subject to its statutory transition provisions. The corresponding rule is contained in Section 301 BNSS, titled "Non-application of Chapter". It provides that the plea bargaining chapter does not apply to any juvenile or child as defined in Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 265L | Section 301 | Non-application of the plea bargaining chapter to a juvenile or child |
Key legal points
Section 265L was a categorical exclusion from Chapter XXI-A. Its significance must be read together with the special statutory treatment of children under juvenile justice legislation. The provision should also be distinguished from the eligibility restrictions in Section 265A, because Section 265L focused on the status of the accused as a juvenile or child.
Related CrPC provisions on plea bargaining
For the complete statutory sequence, see Section 265A - Application of the Chapter, Section 265B - Application for plea bargaining, Section 265C - Mutually satisfactory disposition, and the remaining provisions linked in the sidebar.
This article is intended as a general legal reference. For proceedings governed by the post-1 July 2024 criminal procedure regime, the applicable BNSS provisions and statutory transition rules should be checked.