Extracts from Chapter XXI-A of Code of
Criminal Procedure, 1973
PLEA BARGAINING
265-A. Application of the
Chapter--(1)
This Chapter shall apply in respect of an accused against whom-
(a) the report has been forwarded by the of ricer in charge
of the police station under section 173 alleging therein that an offence
appears to have been committed by him other than an offence for which the
punishment of death or of imprisonment for life or of imprisonment for a term
exceeding seven years has been provided under the law for the time being in
force; or
(b) a Magistrate has taken cognizance of an offence on
complaint, other than an offence for which the punishment of death or of
imprisonment for life or of imprisonment for a term exceeding seven years, has
been provided under the law for the time being in force, and after examining
complainant and witnesses under section 200, issued the process under section
204, but does not apply where such offence affects the socio-economic
condition of country or has been committed against a woman, or a child below
the age of fourteen years.
(2) For the purposes of sub-section (1), the Central
Government shall, by notification, determine the offences under the law for
the time being in force shall be the offences affecting the socio-economic
condition of the country.
265-B. Application for plea
bargaining--(1)
A person accused of an offence may file 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 claimant 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 accused or he has previously been convicted by a Court in a
case in which 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).
256-C.
Guidelines for mutually satisfactory disposition.--In working out a
mutually satisfactory disposition under clause (a) of sub-section (4) of
section 265-B, The Court shall follow the following procedure, namely:-
(a) in a case instituted on a police report, the Court
shall issue notice to the Public Prosecutor, the police officer who has
investigated the case, the accused the victim of the case to participate in
the meeting to work out a satisfactory disposition of the case:
Provided that throughout such process of working out a
satisfactory disposition of the case, it shall be the duty of the Court to
ensure that the entire process is completed voluntarily by the parties
participating in the meeting:
Provided further that the accused, if he so desires, may
participate in such meeting with his pleader, if any, engaged in the case.
(b) in a case instituted otherwise than on police report,
the Court shall issue notice to the accused and the victim of the case to
participate in a meeting to work out a satisfactory disposition of the case:
Provided that it shall be the duty of the Court to ensure,
throughout such process of working out a satisfactory disposition of the case,
that it is completed voluntarily by the parties participating in the meeting:
Provided further that if the victim of the case or the
accused, as the case may be, so desires, he may participate in such meeting
with his pleader engaged in the case.
265-D. Report of the
mutually satisfactory disposition to be submittal before the Court.--Where
in a meeting under section 265-C, a satisfactory disposition of the case has
been worked out, the Court shall prepare a report of such disposition which
shall be signed by the presiding officer of the Courts and all other persons
who participated in the meeting and if no such disposition has been worked
out, the Court shall record such observation and proceed further in accordance
with the provisions of this Code from the stage the application under
sub-section (1) of section 265-B has been filed in such case.
265-E. Disposal of the
case.--Where a
satisfactory disposition of the case has been worked out under section 265-D,
the Court shall dispose of the case in the following manner, namely:-
(a) the Court shall award the compensation to the victim in
accordance with the disposition under section 265-D and hear the parties on
the quantum of the punishment, releasing of the accused on probation of good
conduct or after admonition under section 360 or for dealing with the accused
under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or
any other law for the time being in force and follow the procedure specified
in the succeeding clauses for imposing the punishment on the accused;
(b) after hearing the parties under clause (a), if the
Court is of the view that section 360 or the provisions of the Probation of
Offenders Act, 1958 (20 of 1958) or any other law for the time being in force
are attracted in the case of the accused, it may release the accused on
probation or provide the benefit of any such law, as the case may be;
(c) after hearing the parties under clause (b), if the
Court finds that minimum punishment has been provided under the law for the
offence committed by the accused, it may sentence the accused to half of such
minimum punishment;
(d) in case after hearing the parties under clause (b), the
Court finds that the offence committed by the accused is not covered under
clause (b) or clause (c), then, it may sentence the accused to one-fourth of
the punishment provided or extendable, as the case may be, for such offence.
265-F. Judgment of the
Court.--The
Court shall deliver its judgment in terms of section 265-E in the open Court
and the same shall be signed by the presiding officer of the Court.
265-G. Finality of the
judgment.--The
judgment delivered by the Court under section 265-G shall be final and no
appeal (except the special leave petition under article 136 and writ petition
under articles 226 and 227 of the Constitution) shall lie in any Court against
such judgment.
265-H. Power of the Court
in plea bargaining.--A Court
shall have, for the purposes of discharging its functions under this Chapter,
all the powers vested in respect of bail, trial of offences and other matters
relating to the disposal of a case in such Court under this Code.
265-I. Period of detention
undergone by the accused to be set off against sentence of imprisonment.--The
provisions of section 428 shall apply, for setting off the period of detention
undergone by the accused against the sentence of imprisonment imposed under
this Chapter, in the same manner as they apply in respect of the imprisonment
under other provisions of this Code.
265-J. Savings.--The
provisions of this Chapter shall have effect notwithstanding anything
inconsistent therewith contained in any other provisions of this Code and
nothing in such other provisions shall be construed to constrain the meaning
of any provision of this Chapter.
Explanation.--For
the purposes of this Chapter, the expression "Public Prosecutor" has the
meaning assigned to it under clause (u) of section 2 and includes an Assistant
Public Prosecutor appointed under section 25.
265-K. Statements of
accused not to be used.--Notwithstanding anything contained in any law for the time being in
force, the statements or facts stated by an accused in an application for plea
bargaining file under section 265-B shall not be used for any other purpose
except for the purpose of this Chapter.
265-L. Non-application of
the Chapter.--Nothing in this Chapter shall apply to any Juvenile or
Child as defined in sub-clause (k) of section 2 of the Juvenile Justice (Care
and Protection of Children) Act, 2000 (56 of 2000).
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