Home › BNSS, 2023 › Section 296

Section 296 BNSS: Power of Court in Plea Bargaining

Section 296 of the Bharatiya Nagarik Suraksha Sanhita, 2023 forms part of Chapter XXIII, which deals with plea bargaining. The provision confirms that, while carrying out its functions under the plea bargaining chapter, the Court continues to possess the powers available to it under the BNSS in relation to bail, trial of offences and other matters connected with disposal of the case.

Updated: September 11, 2026

Statutory text of Section 296 BNSS

Section 296 — Power of Court in plea bargaining

A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Sanhita.

Meaning and scope of Section 296

Section 296 is an enabling provision. Plea bargaining does not create a Court with a separate or restricted set of procedural powers. When the Court acts under Chapter XXIII, it may use the powers that the BNSS otherwise gives that Court for matters such as bail, trial-related procedure and disposal of the case, so far as those powers are relevant to the plea bargaining process.

  • Bail powers remain available: the Court does not lose its ordinary statutory authority concerning bail merely because the case is proceeding under the plea bargaining chapter.
  • Trial-related powers continue: powers vested in the Court for trial purposes remain available when required for carrying out functions under Chapter XXIII.
  • Case-disposal powers continue: the Court may exercise other powers relating to disposal of the case that are vested in it under the BNSS.
  • The provision operates within Chapter XXIII: Section 296 supplements the specific plea bargaining procedure contained in Sections 289 to 300; it does not replace those provisions.

Section 296 within the BNSS plea bargaining framework

The plea bargaining provisions appear in Chapter XXIII of the BNSS. The chapter begins with the rules governing when plea bargaining applies and the making of an application, then provides for a mutually satisfactory disposition, disposal of the case, judgment, finality and related safeguards. Section 296 clarifies the procedural powers available to the Court while performing those functions.

Corresponding earlier provision: Section 296 BNSS substantially corresponds to Section 265H of the Code of Criminal Procedure, 1973, which dealt with the power of the Court in plea bargaining.

Practical effect

In practical terms, Section 296 prevents the plea bargaining procedure from being read as isolating the Court from its normal statutory powers. The Court remains equipped to deal with procedural questions arising during the process, subject to the requirements and limitations of the BNSS and the particular provisions governing plea bargaining.

The provision should therefore be read together with the surrounding sections, especially Sections 289 to 300, rather than as a stand-alone source of a new substantive right or a separate sentencing power.

Section 291: Guidelines for mutually satisfactory disposition Section 292: Report of mutually satisfactory disposition to be submitted before Court Section 293: Disposal of case Section 294: Judgment of Court Section 295: Finality of judgment Section 296: Power of Court in plea bargaining Section 297: Set-off for detention undergone Section 298: Savings Section 299: Statements of accused not to be used Section 300: Non-application of Chapter

Official source

For the authoritative text and current structure of the Bharatiya Nagarik Suraksha Sanhita, 2023, refer to the India Code BNSS page.