Section 290 of BNSS, 2023 — Application for Plea Bargaining

Introduction

Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the application for plea bargaining.

It provides the procedure by which an accused may approach the Court to seek plea bargaining in a case that falls within the scope of Chapter XXIII.

Object and Purpose

The main purpose of Section 290 is to provide a formal mechanism through which an accused can request the Court to allow the plea-bargaining process.

It aims to:

• provide the accused with an opportunity to seek plea bargaining;
• establish the stage and manner in which the application is made;
• ensure that the application is voluntarily made;
• enable the Court to examine whether the case is suitable for plea bargaining; and
• provide procedural safeguards before the plea-bargaining process begins.

Who Can Apply?

The accused can make an application for plea bargaining.

The application must be made in the manner prescribed by Section 290 and must relate to a case that falls within the scope of Chapter XXIII.

Application to the Court

The accused is required to submit an application for plea bargaining to the Court in which the case is pending.

The application must contain the necessary particulars relating to the case and must be accompanied by an affidavit.

Contents of the Application

The application must contain:

• a brief description of the case;
• the offence to which the case relates; and
• an affidavit sworn by the accused stating that the application has been made voluntarily.

The affidavit also indicates that the accused understands the nature and extent of the punishment prescribed under law for the offence.

Voluntary Nature of the Application

One of the most important safeguards under Section 290 is that the plea-bargaining application must be made voluntarily.

The accused must not be forced, threatened, coerced or improperly induced to seek plea bargaining.

The requirement of an affidavit helps demonstrate that the accused has approached the Court on their own choice.

Application of Mind by the Court

After receiving the application, the Court considers whether the statutory requirements for plea bargaining are satisfied.

The Court must ensure that the case falls within the scope of Chapter XXIII and that the application has been made in accordance with the prescribed procedure.

Notice to Other Parties

The Court is required to issue notice to:

• the Public Prosecutor or the complainant, as the case may be; and
• the accused.

The purpose is to provide the relevant parties an opportunity to participate in the proceedings relating to the plea-bargaining application.

Examination of the Accused

The Court may examine the accused in camera, meaning privately and without the presence of the other parties.

This examination is important for determining whether the accused has made the application voluntarily.

The Court must satisfy itself that the accused has understood the nature and extent of the punishment prescribed by law and the consequences of seeking plea bargaining.

Safeguard Against Coercion

The private examination of the accused is an important procedural safeguard.

It enables the Court to determine whether the accused has:

• voluntarily applied for plea bargaining;
• understood the nature of the offence;
• understood the punishment prescribed for the offence; and
• made the application without coercion or undue influence.

If the Court Is Satisfied

If the Court is satisfied that the application has been made voluntarily and that the statutory conditions are fulfilled, the Court proceeds further in accordance with the plea-bargaining provisions.

The subsequent stages involve the participation of the parties and the process for reaching a mutually satisfactory disposition of the case.

If the Court Is Not Satisfied

If the Court finds that the application was not made voluntarily or that the statutory requirements have not been fulfilled, the plea-bargaining process cannot proceed in the manner contemplated by Chapter XXIII.

The Court must therefore exercise judicial scrutiny before allowing the matter to proceed.

Importance of Section 290

Section 290 is important because it establishes the entry point into the plea-bargaining process.

It ensures that plea bargaining does not begin merely on an informal request. A formal application and judicial scrutiny are required.

The provision therefore balances:

• the accused’s opportunity to seek a negotiated resolution; and
• the need to ensure that the process is voluntary and legally valid.

Relationship With Section 289

Section 289 determines when Chapter XXIII applies.

Section 290 deals with how the accused applies for plea bargaining.

Therefore:

• Section 289 → Application of the plea-bargaining Chapter
• Section 290 → Application for plea bargaining

BNSS and CrPC

Section 290 BNSS corresponds to Section 265B of the Code of Criminal Procedure, 1973.

The provision continues the basic framework under which an accused may submit a plea-bargaining application along with an affidavit stating that the application has been made voluntarily.

Common Confusions

Who can apply for plea bargaining?

The accused can apply for plea bargaining.

Is an oral request sufficient?

No.

The provision contemplates a formal application to the Court.

Is an affidavit required?

Yes.

The application must be accompanied by an affidavit containing the required declaration regarding voluntariness and understanding of the case and punishment.

Can the accused be forced into plea bargaining?

No.

The application must be made voluntarily.

Can the Court examine the accused privately?

Yes.

The Court may examine the accused in camera to satisfy itself regarding the voluntary nature of the application.

Topic at a Glance

• Topic: Application for plea bargaining
• BNSS Section: Section 290
• Chapter: XXIII — Plea Bargaining
• Applicant: Accused
• Application: Made to the Court where the case is pending
• Important requirement: Affidavit
• Key safeguard: Voluntary application
• Court’s role: Judicial scrutiny of the application
• Private examination: May be conducted in camera
• CrPC counterpart: Section 265B

Quick Revision

• Section 290 BNSS deals with the application for plea bargaining.
• The accused submits the application to the Court where the case is pending.
• The application must contain the required particulars.
• An affidavit accompanies the application.
• The accused must state that the application has been made voluntarily.
• The Court examines the application and ensures that the statutory requirements are satisfied.
• The accused may be examined in camera to verify voluntariness.
• Section 290 corresponds to Section 265B CrPC.

ALSO READ: Section 289 – Application of Chapter

Conclusion

Section 290 BNSS establishes the formal procedure for an accused seeking plea bargaining. The requirement of a written application, affidavit and judicial examination ensures that the process is entered into voluntarily and with an understanding of its legal consequences. It therefore provides an important safeguard before the plea-bargaining process proceeds further.