Section 265B CrPC: Application for plea bargaining
Code of Criminal Procedure, 1973
Section 265B CrPC at a Glance
Section 265B CrPC deals with application for plea bargaining. From 1 July 2024 it is replaced by Section 290 BNSS.
What Section 265B CrPC Says
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).
Source: Section 265B, Code of Criminal Procedure, 1973
Section 265B CrPC in Simple Words
Under Section 265B of the Code of Criminal Procedure, 1973, 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 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 a case 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, as the case may be, 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 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 Code 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 265B CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 265B CrPC
When Section 265B CrPC Does Not Apply
- Section 265B CrPC 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 265A CrPC covers under the heading Application of the Chapter.
- Section 265B CrPC 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 265C CrPC covers.
Section 265B CrPC Under BNSS 290: What Changed
Section 265B CrPC is now covered under Section 290 BNSS.
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.
View detailed comparison (CrPC 265B vs BNSS 290) →FAQs on Section 265B CrPC
Who may file an application for plea bargaining under Section 265B CrPC, and in which Court?▼
Section 265B(1) CrPC says a person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.
What must the application contain, and what must accompany it, under Section 265B(2) CrPC?▼
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. 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 a case in which he had been charged with the same offence.
What does the Court do after receiving the application under Section 265B CrPC?▼
Under Section 265B(3) 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. Under Section 265B(4) CrPC, 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 265B(4)(a) CrPC says it shall provide time 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 265B(4)(b) CrPC says it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under Section 265B(1) CrPC.
Where is Section 265B CrPC found in the BNSS from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. 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.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·