Section 290 BNSS: Application for plea bargaining
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 290 BNSS at a Glance
Section 290 BNSS deals with application for plea bargaining. It replaced Section 265B CrPC on 1 July 2024.
Section 290 BNSS Bare Act Text
(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).
Source: Section 290, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 290 BNSS in Simple Words
Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person accused of an offence may apply for plea bargaining to the Court where the trial for that offence is pending. The application shall be filed within thirty days from the date the charge is framed. The application shall briefly describe the case, including the offence involved, and shall come with an affidavit sworn by the accused. In the affidavit the accused states that the accused chose plea bargaining voluntarily, after understanding the nature and extent of the punishment the law provides for the offence.
The affidavit also states that the accused has not previously been convicted by a Court in which the accused had been charged with the same offence. On receiving the application, the Court shall issue notice to the Public Prosecutor or the complainant and to the accused to appear on the date fixed. On that date the Court shall examine the accused in camera, meaning in private without the other party present, to satisfy itself that the application is voluntary. If it is, the Court shall give the Public Prosecutor or the complainant and the accused time, not exceeding sixty days, to work out a mutually satisfactory disposition of the case.
That disposition may include the accused giving the victim compensation and other expenses during the case, and the Court then fixes a date for further hearing. If the Court finds the application involuntary, the Court shall proceed under the Sanhita from the stage at which the application was filed. The Court shall do the same if it finds that the accused was previously convicted by a Court in a case in which the accused had been charged with the same offence.
When Section 290 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 290 BNSS
- 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”
Example of Section 290 BNSS
When Section 290 BNSS Does Not Apply
- Section 290 BNSS speaks of the application for plea bargaining and the examination of the accused in camera. It does not deal with the persons in respect of whom the Chapter applies, which Section 289 BNSS covers under the heading Application of Chapter.
- Section 290 BNSS speaks of the time provided to work out a mutually satisfactory disposition of the case. It does not deal with the procedure for working out a mutually satisfactory disposition, which Section 291 BNSS covers.
Section 290 BNSS in the CrPC (Previous Law)
Section 290 BNSS replaced Section 265B CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 290 BNSS
Who may file an application for plea bargaining under Section 290 BNSS, and within what period?▼
Section 290(1) BNSS says 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.
What must the application contain, and what must accompany it, under Section 290(2) BNSS?▼
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. It shall be accompanied by an affidavit sworn by the accused stating therein 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.
What does the Court do after receiving the application under Section 290 BNSS?▼
Under Section 290(3) 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. Under Section 290(4) BNSS, the Court shall examine the accused in camera to satisfy itself that the accused has filed the application voluntarily. Where the Court is satisfied, Section 290(4)(a) BNSS says it shall provide time, not exceeding sixty days, to work out a mutually satisfactory disposition of the case. Where the Court finds the application has been filed involuntarily, or the accused has previously been convicted by a Court in a case in which he had been charged with the same offence, Section 290(4)(b) BNSS says it shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under Section 290(1) BNSS.
What changed from Section 265B CrPC to Section 290 BNSS from 1 July 2024?▼
From 1 July 2024, Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 265B of the Code of Criminal Procedure, 1973. Section 290 BNSS has the same heading as Section 265B CrPC. Section 290(1) BNSS adds within a period of thirty days from the date of framing of charge, which Section 265B(1) CrPC does not contain. Section 290(2) BNSS says convicted by a Court in which he had been charged, where Section 265B(2) CrPC said 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 have no counterpart to the words as the case may be, which Section 265B(3) CrPC, the opening of Section 265B(4) CrPC and Section 265B(4)(a) CrPC contain. Section 290(4)(a) BNSS adds not exceeding sixty days. Section 290(4)(b) BNSS says this Sanhita where Section 265B(4)(b) CrPC said this Code.
Section 290 BNSS: Sub-sections Explained
Section 290(1) BNSS: Application for plea bargaining
▶
Bare Act Text
(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.
Section 290(2) BNSS: Application for plea bargaining
▶
Bare Act Text
(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.
Previous Law
CrPC 265B(2) → Section 290(2) BNSS
Section 290(3) BNSS: Application for plea bargaining
▶
Bare Act Text
(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.
Previous Law
CrPC 265B(3) → Section 290(3) BNSS
Section 290(4) BNSS: Application for plea bargaining
▶
Bare Act Text
(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).
Previous Law
CrPC 265B(4) → Section 290(4) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·