CrPC 265B→BNSS 290

CrPC 265B to BNSS 290: Application for plea bargaining

Section 265B CrPC (1973) replaced by Section 290 BNSS (2023)

View CrPC Section 265B →View BNSS Section 290 →

CrPC 265B to BNSS 290 at a Glance

Section 265B CrPC (Application for plea bargaining) is now Section 290 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 265B to BNSS 290?

Section 265B of the Code of Criminal Procedure, 1973 is found in Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 290(1) BNSS adds within a period of thirty days from the date of framing of charge. Section 290(4)(a) BNSS adds not exceeding sixty days. Section 290(2) BNSS drops the words a case from convicted by a Court in a case in which he had been charged. Section 290(3) BNSS, the opening of Section 290(4) BNSS and Section 290(4)(a) BNSS drop the words as the case may be. Section 290(4)(b) BNSS says this Sanhita where Section 265B(4)(b) CrPC said this Code.

CrPC 265B vs BNSS 290: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section265B290
HeadingApplication for plea bargainingSame
Sub-sections4 sub-sectionsSame

CrPC 265B and BNSS 290: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 265B, CrPC 1973

265B. Application for plea bargaining.—(1) A person accused of an offence may file an 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 complainant 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 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 Code from the stage such application has been filed under sub-section (1).
BNSS 2023 (in force)

Section 290, BNSS 2023

290. Application for plea bargaining.—(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).

When It Applies: CrPC 265B vs BNSS 290

Under CrPC 265B
  1. Section 265B(1) CrPC applies to a person accused of an offence; the accused may file an application for plea bargaining in the Court in which such offence is pending for trial.
  2. Section 265B(2) CrPC says the application under Section 265B(1) CrPC 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.
  3. Section 265B(2) CrPC says the affidavit shall state that the accused 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.
  4. Section 265B(3) CrPC applies after the Court receives the application under Section 265B(1) CrPC; 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.
  5. Section 265B(4) CrPC applies when the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on the date fixed under Section 265B(3) CrPC; 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.
  6. Section 265B(4)(a) CrPC applies where the Court is satisfied that the application has been filed by the accused voluntarily; the Court shall provide time to work out a mutually satisfactory disposition of the case and thereafter fix the date for further hearing of the case. Section 265B(4)(b) CrPC applies where the Court finds that the application has been filed involuntarily by the accused or that the accused has previously been convicted by a Court in a case in which he had been charged with the same offence; the Court shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under Section 265B(1) CrPC.
Under BNSS 290
  1. Section 290(1) BNSS applies to a person accused of an offence; the accused 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. Section 290(2) BNSS says the application under Section 290(1) BNSS 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.
  3. Section 290(2) BNSS says the affidavit shall state that the accused 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.
  4. Section 290(3) BNSS applies after the Court receives the application under Section 290(1) BNSS; 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.
  5. Section 290(4) BNSS applies when the Public Prosecutor or the complainant of the case and the accused appear on the date fixed under Section 290(3) BNSS; 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.
  6. Section 290(4)(a) BNSS applies where the Court is satisfied that the application has been filed by the accused voluntarily; the Court shall provide time, not exceeding sixty days, to work out a mutually satisfactory disposition of the case and thereafter fix the date for further hearing of the case. Section 290(4)(b) BNSS applies where the Court finds that the application has been filed involuntarily by the accused or that the accused has previously been convicted by a Court in a case in which he had been charged with the same offence; the Court shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under Section 290(1) BNSS.

Time Limits: CrPC 265B to BNSS 290

Under CrPC 265B

Section 265B CrPC states no time limit.

Under BNSS 290
  • Section 290(1) BNSS refers to a period of thirty days from the date of framing of charge, within which the accused may file the application for plea bargaining.Act text: “within a period of thirty days from the date of framing of charge”
  • Section 290(4)(a) BNSS says the time the Court provides to work out a mutually satisfactory disposition of the case is not exceeding sixty days.Act text: “it shall provide time, not exceeding sixty days”

What CrPC 265B to BNSS 290 Means in Practice

Section 290(1) BNSS states a period of thirty days from the date of framing of charge for filing the application, and Section 290(4)(a) BNSS states that the time the Court provides is not exceeding sixty days. Section 265B(1) CrPC and Section 265B(4)(a) CrPC state neither period.

FAQs: CrPC 265B to BNSS 290

Which BNSS section is Section 265B CrPC from 1 July 2024?▼

Section 290 BNSS, under the same heading. Section 265B(1) CrPC is found in Section 290(1) BNSS, Section 265B(2) CrPC is found in Section 290(2) BNSS, Section 265B(3) CrPC is found in Section 290(3) BNSS, Section 265B(4) CrPC is found in Section 290(4) BNSS, Section 265B(4)(a) CrPC is found in Section 290(4)(a) BNSS and Section 265B(4)(b) CrPC is found in Section 290(4)(b) BNSS.

What periods does Section 290 BNSS state that Section 265B CrPC does not?▼

Section 290(1) BNSS states a period of thirty days from the date of framing of charge for filing the application for plea bargaining. Section 290(4)(a) BNSS states that the time the Court provides to work out a mutually satisfactory disposition of the case is not exceeding sixty days. Section 265B(1) CrPC and Section 265B(4)(a) CrPC state neither period.

Which words did Section 290 BNSS drop from Section 265B CrPC?▼

Section 290(2) BNSS drops the words a case from convicted by a Court in a case in which he had been charged. Section 290(3) BNSS, the opening of Section 290(4) BNSS and Section 290(4)(a) BNSS drop the words as the case may be, which appear in Section 265B(3) CrPC, the opening of Section 265B(4) CrPC and Section 265B(4)(a) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·