BNSS 290 — Application for plea bargaining.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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).

Back to BNSS