Introduction
Section 300 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the non-application of Chapter XXIII relating to plea bargaining.
It provides that the provisions of this Chapter shall not apply to any juvenile or child as defined under Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Object and Purpose
The main purpose of Section 300 is to ensure that juveniles and children are not subjected to the plea-bargaining procedure under Chapter XXIII.
Instead, cases involving children are dealt with under the specialised framework provided by juvenile justice law.
The provision therefore:
- excludes juveniles and children from Chapter XXIII;
- preserves the specialised juvenile justice system;
- prevents ordinary plea bargaining from being applied to children; and
- ensures that children are dealt with according to the principles and procedures applicable to juvenile justice.
Persons Covered by the Exclusion
Section 300 excludes:
- Juveniles, and
- Children
as defined under Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Therefore, where a person falls within the relevant statutory definition, the plea-bargaining provisions of Chapter XXIII cannot be invoked against or by that person.
Effect of Section 300
The effect of Section 300 is that Chapter XXIII of the BNSS does not apply to juveniles or children covered by the Juvenile Justice Act.
This does not mean that such persons are exempt from legal proceedings.
Rather, their cases are dealt with under the specialised juvenile justice framework applicable to children in conflict with law.
Why Is This Exclusion Important?
Children require a different approach from ordinary adult criminal proceedings.
The juvenile justice system focuses on principles such as:
- care and protection;
- rehabilitation;
- development;
- social reintegration; and
- the best interests of the child.
Section 300 ensures that the plea-bargaining mechanism applicable to ordinary criminal cases does not override this specialised framework.
Relationship With Section 289
Section 289 deals with the application of the plea-bargaining Chapter.
Section 300 provides a specific exclusion from that Chapter.
Therefore:
- Section 289 → When the plea-bargaining Chapter applies
- Section 300 → When the plea-bargaining Chapter does not apply
Relationship With the Juvenile Justice Act
Section 300 refers to the definitions contained in Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Therefore, whether a person falls within the protected category under Section 300 depends upon the applicable definitions under that legislation.
Important Distinction
Non-application vs Exemption From Criminal Law
Section 300 does not provide a general exemption from criminal law.
It only provides that Chapter XXIII on plea bargaining does not apply to juveniles or children covered by the Juvenile Justice Act.
Ordinary Criminal Procedure vs Juvenile Justice Procedure
The provision maintains a distinction between:
- criminal proceedings involving persons to whom the ordinary BNSS plea-bargaining framework applies; and
- proceedings involving children governed by the specialised juvenile justice framework.
BNSS and CrPC
Section 300 BNSS corresponds to Section 265L of the Code of Criminal Procedure, 1973.
The provision continues the principle that the plea-bargaining chapter does not apply to juveniles or children covered by juvenile justice legislation.
Common Confusions
Can a child use the plea-bargaining procedure under Chapter XXIII?
No.
Section 300 excludes juveniles and children covered by the Juvenile Justice Act from the application of Chapter XXIII.
Does Section 300 mean that a child cannot be prosecuted?
No.
It only means that the plea-bargaining provisions of Chapter XXIII do not apply. The applicable juvenile justice procedure continues to govern the case.
Which law determines who is a child or juvenile?
Section 300 refers to the definitions contained in Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Does Section 300 create an offence?
No.
It is an exclusionary procedural provision dealing with the non-application of Chapter XXIII.
Topic at a Glance
- Topic: Non-application of Chapter
- BNSS Section: Section 300
- Chapter: XXIII — Plea Bargaining
- Excluded persons: Juveniles and children covered by the Juvenile Justice Act
- Relevant legislation: Juvenile Justice (Care and Protection of Children) Act, 2015
- Main effect: Chapter XXIII does not apply
- Nature: Exclusionary procedural provision
- CrPC counterpart: Section 265L
Quick Revision
- Section 300 BNSS deals with non-application of the plea-bargaining Chapter.
- Chapter XXIII does not apply to a juvenile or child covered by the Juvenile Justice Act.
- The relevant definitions are contained in Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
- The provision preserves the specialised juvenile justice framework.
- Section 300 does not exempt children from all legal proceedings.
- It only excludes them from the plea-bargaining provisions of Chapter XXIII.
- Section 300 corresponds to Section 265L CrPC.
ALSO READ: Section 299 – Statements of accused not to be used
Conclusion
Section 300 BNSS creates an important exclusion from the plea-bargaining framework. By preventing Chapter XXIII from applying to juveniles and children covered by the Juvenile Justice Act, it ensures that cases involving children continue to be governed by the specialised juvenile justice system.
