Introduction:

Plea bargaining is a legal mechanism whereby an accused person agrees to plead guilty to a lesser charge or accepts a reduced sentence in exchange for concessions from the prosecutor or the court. For example, if Mr. X is accused of an offense with a minimum punishment of six years, the court can reduce the sentence to three years through plea bargaining. This practice was officially introduced in India in 2006.

Application of Plea Bargaining:

Section 289 BNSS (Corresponds to Section 265A of CrPC):
This section outlines the applicability of plea bargaining. It applies to an accused against whom:

• A report has been forwarded by the police under Section 193 of BNSS (Section 173 CrPC), indicating an offense has been committed, except for offenses punishable with death, life imprisonment, or imprisonment exceeding seven years.
• A Magistrate has taken cognizance of an offense on a complaint, except for those punishable with death, life imprisonment, or imprisonment exceeding seven years, and after examining the complainant and witnesses under Section 223 of BNSS (Section 200 CrPC), has issued process under Section 227 of BNSS (Section 204 CrPC).

Plea bargaining is not applicable to offenses affecting the socio-economic conditions of the country or those committed against women or children under 14 years.

The Central Government will determine which offenses affect the socio-economic conditions of the country.

Application Process:

Section 290 BNSS (Corresponds to Section 265B of CrPC):

1. An accused may file an application for plea bargaining within thirty days from the date of framing of charges in the court.
2. The application must include a brief description of the case and be accompanied by an affidavit stating the accused has voluntarily opted for plea bargaining, understands the punishment, and has not been previously convicted for the same offense.
3. Upon receiving the application, the court issues notices to the Public Prosecutor or complainant and the accused.
4. The court examines the accused in camera to ensure the application is voluntary. If satisfied, it provides up to sixty days for the parties to reach a mutually satisfactory disposition, including compensation to the victim. If not satisfied, the court proceeds with the trial.

Time Limits:

The application for plea bargaining must be filed within thirty days from the date of charge framing. The court allows up to sixty days for a mutually satisfactory disposition, which is a new provision under Section 290 BNSS, unlike the existing Section 265B CrPC.

Guidelines for Mutually Satisfactory Disposition:

Section 291 BNSS (Corresponds to Section 265C of CrPC):

1. In cases initiated by a police report, the court issues notices to the Public Prosecutor, investigating officer, accused, and victim to participate in the meeting.
2. In cases not initiated by a police report, the court issues notices to the accused and victim.
3. The court ensures the entire process is voluntary and allows the accused to participate with their advocate if desired.

Report and Disposal of Case:

Section 292 BNSS (Corresponds to Section 265D of CrPC):
If a satisfactory disposition is reached, the court prepares a report signed by all participants. If not, the court proceeds with the trial.

Section 293 BNSS (Corresponds to Section 265E of CrPC):
The court disposes of the case by:

• Awarding compensation to the victim.
• Hearing the parties on the quantum of punishment.
• Considering probation or release under the Probation of Offenders Act, 1958.
• Imposing half of the minimum punishment if applicable.
• For first-time offenders, imposing one-fourth of the minimum punishment.
• If no minimum punishment is prescribed, imposing one-fourth or one-sixth of the maximum punishment for first-time offenders.

Finality and Powers of Court:

Section 294 BNSS (Corresponds to Section 265F of CrPC):
The court delivers its judgment in open court, signed by the presiding officer.

Section 295 BNSS (Corresponds to Section 265G of CrPC):
The judgment is final, with no appeal except through a special leave petition under Article 136 or a writ petition under Articles 226 and 227 of the Constitution.

Section 296 BNSS (Corresponds to Section 265H of CrPC):
The court retains all powers regarding bail, trial, and case disposal.

Additional Provisions:

Section 297 BNSS (Corresponds to Section 265I of CrPC):
The period of detention undergone by the accused is set off against the sentence of imprisonment.

Section 298 BNSS (Corresponds to Section 265J of CrPC):
The provisions of this chapter take precedence over any inconsistent provisions in the BNSS.

Section 299 BNSS (Corresponds to Section 265K of CrPC):
Statements made in the plea bargaining application cannot be used for any purpose other than plea bargaining.

Section 300 BNSS (Corresponds to Section 265L of CrPC):
Plea bargaining does not apply to juveniles or children as defined in the Juvenile Justice (Care and Protection of Children) Act, 2015.

Conclusion:

Plea bargaining in India aims to expedite the judicial process, reduce the burden on courts, and provide a more efficient resolution to criminal cases. While it offers several benefits, including reduced sentences for defendants and compensation for victims, it must be applied judiciously to ensure justice is served and the rights of all parties are protected.