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🧾 Plea Bargaining under Bharatiya Nyaya Sanhita (BNS), 2023 – An Overview
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📘 What is Plea Bargaining?
Plea Bargaining is a legal process where the accused voluntarily pleads guilty to a lesser offense or accepts reduced punishment in exchange for a speedy trial and lighter sentence.
It's designed to reduce the burden on courts, ensure quicker disposal of cases and give relief to first-time or low-level offenders.
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⚖️ Provision under BNSS, 2023
Plea Bargaining is governed by Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Chapter XXIA of the CrPC, 1973).
It retains the same core structure as the earlier provision under Section 265A–265L of the CrPC, 1973, with improvements in clarity and victim involvement.
🔍 Who Can Apply for Plea Bargaining?
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✅ Permitted:
Offenses punishable up to 7 years imprisonment
Cases where the victim has been compensated
First-time offenders
Non-heinous crimes (e.g., theft, hurt, fraud)
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❌ Not Permitted:
Offenses affecting the socio-economic condition of the country (e.g., corruption)
Crimes against women or children
Repeat offenders
Grave offenses like murder, rape, terrorism
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🧠 Types of Plea Bargaining
Charge Bargaining – Lesser charge in exchange for guilty plea
Sentence Bargaining – Lesser sentence for pleading guilty
Fact Bargaining – Admission to certain facts to avoid others (rare in India)
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🧾 Procedure (Simplified)
Application by accused in court
Court issues notice to prosecutor and victim
In-camera examination by the judge to ensure it’s voluntary
Mutually satisfactory disposition (MSD) worked out, especially in compoundable offenses
Court passes order based on MSD or prescribes lighter sentence
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📌 Example
A man commits a minor theft for the first time. Instead of facing a full trial, he accepts guilt, agrees to pay compensation and serves 3 months instead of 1 year through plea bargaining.
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✅ Conclusion
Plea bargaining under BNS aims to balance speedy justice, rehabilitation and victim satisfaction. It reflects a shift from purely punitive to restorative criminal justice in India.
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