Application for plea bargaining
Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with application for plea bargaining. 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. The Act came into force on 01 Jul 2024.
(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).
Section 290, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Sheeja Jiji vs State of Kerala
Court's Decision & Legal Precedent
Examination of the accused in camera on a plea-bargaining application is not an empty formality but a mandatory step, its purpose being to ascertain that the plea is voluntary and free of pressure, force or compulsion; a conviction and sentence recorded on a mutually satisfactory disposition without that examination cannot be sustained.
On this section: Set aside a judgment convicting the accused on a plea-bargaining disposition and restored the case for fresh trial because the Magistrate had skipped the in-camera examination the application provision requires.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 290
What have the courts held on Section 290 of the Bharatiya Nagarik Suraksha Sanhita?
Sheeja Jiji vs State of Kerala (05 Mar 2020) is the leading judgment on this section among those set out below: Set aside a judgment convicting the accused on a plea-bargaining disposition and restored the case for fresh trial because the Magistrate had skipped the in-camera examination the application provision requires.
How do I find court cases under Section 290 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 290, section 290 BNSS, section 290 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 290(1) and 290 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sheeja Jiji vs State of Kerala (05 Mar 2020).
What should I read with Section 290 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 290 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 290 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 290, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.