CrPC 265B — Application for plea bargaining

Code of Criminal Procedure, 1973

Statutory text

(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).

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