Plea bargaining is a legal process where an accused individual in a criminal case consent to plead guilty to a lesser charge or accepts a reduced sentence in return for certain concessions from the prosecutor or the court. The concept of plea bargaining was first implemented in India in 2006. As per section 289 BNSS, plea bargaining is permissible after a charge sheet has been filed under Section 193 BNSS or when a magistrate has taken cognizance of the offence. However, it is prohibited for offences that carry a death penalty, life imprisonment, or a prison term longer than seven years. It will not apply when such offence affects the socio-economic condition of the country or has been committed against a woman or a child.

In a plea-bargaining scenario, victims benefit from a more expedited outcome, which helps to reduce the emotional strain and uncertainty commonly linked to the trial process. This arrangement guarantees a conviction, providing victims with a sense of justice and an opportunity for closure. Furthermore, victims may have the opportunity to express their views regarding the plea agreement and secure restitution for their losses, thereby ensuring that they receive compensation for any financial or emotional suffering they have endured.

Section 290 of the BNSS establishes a specific timeframe for the accused to submit a plea-bargaining application. According to this regulation, the application must be filed within thirty days of the charges being officially framed by the court. Additionally, this section stipulates that the court will grant a period not exceeding sixty days for the Public Prosecutor or Complainant, along with the accused, to negotiate a mutually agreeable resolution to the case.

Application for Plea Bargaining:

290 BNSS:

1. An individual facing charges for an offense may submit an application for plea bargaining within thirty days from the date when the charges are formally presented in the court where the case is being tried.
2. The application referred to in subsection (1) must include a concise overview of the case for which it is submitted, detailing the specific offense involved. It should also be filed with an affidavit signed by the accused, affirming that they have voluntarily chosen to pursue plea bargaining, having fully comprehended the nature and extent of the potential penalties outlined by law for the offense. Furthermore, the affidavit must indicate that the accused has not been previously convicted by any court for the same offense.
3. Upon receipt of the application mentioned in subsection (1), the court will notify the Public Prosecutor, the complainant involved in the case, and the accused to appear on the scheduled date for the proceedings.
4. When the Public Prosecutor or the complainant and the accused appear on the scheduled date mentioned in sub-section (3), the Court will conduct a private examination of the accused, ensuring that the other party is not present. This is to verify that the accused has submitted the application voluntarily:
   1. If the Court is convinced that the application was indeed filed voluntarily by the accused, it will grant a period not exceeding sixty days for the Public Prosecutor or the complainant and the accused to negotiate a mutually agreeable resolution of the case. This resolution may include the accused providing compensation to the victim as well as covering other expenses related to the case. Following this, the Court will set a date for the next hearing.
   2. If the Court determines that the application was submitted involuntarily by the accused or that he has previously been convicted by a Court for the same offence, it will continue to proceed according to the provisions of this Sanhita (Code) from the stage at which the application was filed under sub-section (1).

Guidelines for Reaching a Mutually Acceptable Resolution

Section 291 BNSS: When determining a mutually agreeable resolution in accordance with clause (a) of sub-section (4) of section 290 BNSS, the Court shall adhere to the following procedure:

1. In cases initiated based on a police report, the Court shall issue a notice to the Public Prosecutor, the investigating police officer, the accused, and the victim, inviting them to participate in a meeting aimed at achieving a satisfactory resolution of the case.
   
   Throughout the process of reaching an agreeable resolution for the case, it is the responsibility of the Court to ensure that all parties involved in the meeting do so voluntarily. Additionally, if the accused wishes, they may attend the meeting accompanied by their advocate, if they have one.
    
2. In cases that are not initiated based on a police report, the Court must notify both the accused and the victim to attend a meeting aimed at finding a satisfactory resolution. The Court is also responsible for guaranteeing that this resolution process is conducted voluntarily by all parties involved in the meeting. Furthermore, if either the victim or the accused wishes to participate, they may do so with the assistance of their legal representative engaged in the case.

Section 292 BNSS:

In a meeting conducted under section 291 of the BNSS, if a satisfactory resolution of the case has been achieved, the Court is required to prepare a report detailing this resolution. This report must be signed by the presiding officer of the Court and all participants in the meeting. If a satisfactory resolution has not been reached, the Court will document this observation and continue proceedings in accordance with the provisions of this Sanhita, starting from the stage at which the application was filed under subsection (1) of section 290 BNSS.

Disposal of Case 293 BNSS:

When a satisfactory resolution of the case has been established in accordance with section 292 of BNSS, the Court shall proceed to dispose of the case as follows:

1. The Court will award compensation to the victim based on the resolution under section 292 and will hear the parties regarding the amount of punishment. The accused may be released on probation for good conduct or after a warning in line with section 401 of BNSS (360 CrPC), or managed under the provisions of the Probation of Offenders Act, 1958, or any other relevant law currently in effect. The procedures specified in the following clauses will be adhered to for determining the punishment for the accused.
    
2. After hearing the parties as per clause (a), if the Court believes that section 401 of BNSS (360 CrPC) or the provisions of the Probation of Offenders Act, 1958, or any relevant current law apply to the accused, it may choose to release the accused on probation or grant the advantages of any applicable law.
    
3. Upon hearing the parties as outlined in clause (b), if the Court determines that the law stipulates a minimum punishment for the offense committed by the accused, it may impose a sentence of half of that minimum punishment. Additionally, if the accused is a first-time offender with no prior convictions, the Court may reduce the sentence to one-fourth of the minimum punishment.
    
4. If, after hearing the parties under clause (b), the Court concludes that the offense committed by the accused does not fall under clause (b) or clause (c), it may impose a sentence of one-fourth of the punishment prescribed or that which may be extended for such an offense. Furthermore, if the accused is a first-time offender with no previous convictions, the Court may reduce the sentence to one-sixth of the prescribed or extendable punishment for the offense.

Section 293 of the BNSS modifies existing regulations to mandate that the Court exercise leniency towards first-time offenders who choose to engage in plea bargaining. This change is also expected to alleviate some of the overcrowding in prisons.

Under this more lenient and rehabilitative framework, in plea bargaining instances involving first-time offenders where a minimum sentence is specified, the Court has the discretion to impose a sentence that is only one-fourth of the minimum punishment instead of the previously established one-half. Additionally, in scenarios where the punishment can be extended but lacks a minimum requirement, a first-time offender may receive a sentence that equates to one-sixth of the prescribed punishment, reducing the previous standard from one-fourth. This provision reflects a commitment to a more progressive and individualized approach to sentencing, particularly for first-time offenders.

Section 293(a) of the BNSS stipulates that the Court may award compensation to the victim based on the resolution outlined in Section 292 of the BNSS. It also allows the Court to consider the opinions of the parties regarding the appropriate punishment and to release the accused on probation for good conduct or after a reprimand, as provided under Section 401, in accordance with the Probation of Offenders Act of 1958, while adhering to the specified procedures for imposing penalties on the accused. Furthermore, Section 293(b) of the BNSS allows for the potential release of the accused on probation.

Section 293(c) of the BNSS states that after listening to the parties as described in clause (b), if the Court determines that the law stipulates a minimum punishment for the offense committed by the accused, it has the authority to impose a sentence of half of that minimum punishment. Additionally, if the accused is a first-time offender with no prior convictions, the Court may reduce the sentence to one-fourth of the minimum punishment.

Section 293(d) of the BNSS stipulates that if, after a hearing as described in clause (b), the Court determines that the offence committed by the accused does not fall under clauses (b) or (c), it may impose a sentence of one-fourth of the applicable punishment for the offence. Additionally, if the accused is a first-time offender with no prior convictions, the Court may reduce the sentence to one-sixth of the applicable punishment for the offence.

The Court will announce its judgment in accordance with section 293 of BNSS in a public setting, and it will be signed by the presiding officer of the Court.

According to Section 295 of the BNSS (Section 265G CrPC), the ruling issued by the Court under this Section is conclusive, and no appeals against such a ruling can be filed in any Court, except for a Special Leave Petition under Article 136 and Writ Petitions under Articles 226 and 227 of the Constitution.

As per section 296 BNSS, a court shall possess all the powers related to bail, trial of offences, and other matters pertinent to case disposal as outlined in this Sanhita (Code) to effectively carry out its functions under this Chapter.

The regulations outlined in section 468 of BNSS (428 CrPC) will be applicable for offsetting the duration of detention experienced by the accused against the imprisonment sentence given under this Chapter, following the same procedure as for imprisonment under other sections of this Sanhita (Code).

According to section 298 BNSS, the stipulations outlined in this Chapter shall remain in effect regardless of any conflicting statements found in other sections of this Sanhita (Code), and no other provisions shall be interpreted in a way that limits the interpretation

of any provision within this Chapter. For the purposes of this Chapter, the term "Public Prosecutor" carries the definition specified in clause (v) of section 2, which also encompasses an Assistant Public Prosecutor appointed according to section 19 of BNSS (25 CrPC).

As per section 299 BNSS, regardless of any existing laws, the statements or facts provided by an accused in a plea-bargaining application submitted under section 290 of BNSS (265B CrPC) shall only be utilized for the purposes outlined in this Chapter.

According to section 300 BNSS, no provision in this Chapter shall be applicable to any juvenile or child as defined in clause (k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565