Section 290 BNSS: Application for Plea Bargaining
Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure by which an eligible accused may apply for plea bargaining. It forms part of Chapter XXIII of the BNSS, which deals with plea bargaining and extends from Sections 289 to 300.
- The accused must file the plea bargaining application within 30 days from the date of framing of charge.
- The application must briefly describe the case and the offence.
- An affidavit of the accused must confirm that the application is voluntary and made after understanding the punishment provided by law.
- The affidavit must also state that the accused has not previously been convicted by a Court for the same offence.
- The Court must examine the accused in camera to verify voluntariness.
- If satisfied, the Court may allow up to 60 days for a mutually satisfactory disposition.
Meaning and purpose of Section 290 BNSS
Plea bargaining is a statutory procedure under which an eligible accused may seek resolution of a criminal case through the process prescribed in Chapter XXIII of the BNSS. Section 290 is the procedural starting point: it prescribes when the application must be filed, what it must contain, the affidavit that must accompany it, and the Court's duty to determine whether the request is voluntary.
Section 290 should be read together with Section 289 BNSS, which determines the cases in which the plea bargaining chapter applies, and Sections 291 to 300, which govern the subsequent process, disposal, judgment, finality, safeguards and exclusions.
Text of Section 290 BNSS
290. Application for plea bargaining.
(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 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 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).
Important terms in Section 290
| Plea bargaining | The statutory settlement process under Chapter XXIII of the BNSS through which an eligible accused may seek disposal of the case in accordance with Sections 289 to 300. |
|---|---|
| Framing of charge | The stage at which the Court formally frames the charge against the accused. Under Section 290(1), the 30-day filing period runs from this date. |
| In camera examination | A private examination of the accused by the Court, without the other party being present, for the purpose of determining whether the plea bargaining application is voluntary. |
| Mutually satisfactory disposition | A voluntary resolution worked out in accordance with the procedure under Section 291. It may include compensation and other expenses payable to the victim. |
Who can use plea bargaining under the BNSS?
Section 290 does not operate by itself. Eligibility is controlled by Section 289 BNSS. In broad terms, Chapter XXIII applies to qualifying police-report cases and complaint cases where the offence is not punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years. The Chapter does not apply where the offence affects the socio-economic condition of the country or is committed against a woman or a child.
Step-by-step procedure under Section 290
- Charge is framed: the statutory 30-day period begins from the date of framing of charge.
- Application is filed: the accused files the application in the Court where the offence is pending for trial.
- Brief case description: the application states the relevant facts and identifies the offence.
- Affidavit is attached: the accused confirms voluntariness, understanding of the punishment, and the required statement concerning previous conviction for the same offence.
- Notice is issued: the Court issues notice to the Public Prosecutor or complainant and to the accused.
- Private judicial verification: the Court examines the accused in camera to verify that the application is voluntary.
- Time for disposition: if satisfied, the Court grants time not exceeding 60 days to work out a mutually satisfactory disposition.
- If the request is not voluntary: or if the statutory previous-conviction condition is not satisfied, the case proceeds under the BNSS from the stage at which the application was filed.
What happens after a valid Section 290 application?
If the Court is satisfied that the application is voluntary, the next stage is governed by Section 291, which prescribes the procedure for working out a mutually satisfactory disposition. If a disposition is reached, the Court prepares the report contemplated by Section 292 and then disposes of the case under Section 293.
Section 293 also contains sentencing rules for cases resolved through plea bargaining. In appropriate cases it permits probation or the benefit of other applicable law, and it prescribes reduced sentencing consequences, including separate treatment for a first-time offender.
Safeguards in the plea bargaining chapter
- The Court must independently verify that the application is voluntary.
- The other party is not present when the accused is examined in camera under Section 290(4).
- Section 299 protects statements or facts stated by the accused in the Section 290 application from being used for any purpose outside the plea bargaining chapter.
- Section 300 excludes juveniles or children as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 from the operation of the chapter.
Practical points before filing
- Confirm that the offence is eligible under Section 289.
- Calculate the 30-day period from the actual date on which charge was framed.
- Identify the precise offence and punishment provided by the applicable law.
- Prepare the affidavit carefully because voluntariness and understanding of punishment are express statutory requirements.
- Check whether the accused has a previous conviction relevant to Section 290(2) and Section 290(4)(b).
- Consider victim compensation and other expenses that may form part of a mutually satisfactory disposition.
Last reviewed and updated: 11 September 2026.