Section 265E CrPC: Disposal of the case

Code of Criminal Procedure, 1973

Section 265E CrPC at a Glance

Section 265E CrPC deals with disposal of the case. From 1 July 2024 it is replaced by Section 293 BNSS.

Now BNSS

What Section 265E CrPC Says

265E. Disposal of the case
Where a satisfactory disposition of the case has been worked out under section 265D, the Court shall dispose of the case in the following manner, namely:—
(a) the Court shall award the compensation to the victim in accordance with the disposition under section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;
(b) after hearing the parties under clause (a), if the Court is of the view that section 360 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the case may be;
(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment;
(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable, as the case may be, for such offence.

Source: Section 265E, Code of Criminal Procedure, 1973

Section 265E CrPC in Simple Words

Section 265E of the Code of Criminal Procedure, 1973 sets out the manner in which the Court shall dispose of the case where a satisfactory disposition of the case has been worked out under Section 265D CrPC.

The Court shall award the compensation to the victim in accordance with the disposition and hear the parties on the quantum of the punishment.

Depending on the case, the Court may release the accused on probation or provide the benefit of any such law, may sentence the accused to half of such minimum punishment, or may sentence the accused to one-fourth of the punishment provided or extendable.

When Section 265E CrPC Applies

Section 265E CrPC applies where a satisfactory disposition of the case has been worked out under Section 265D CrPC; the Court shall dispose of the case in the manner Section 265E CrPC sets out.
Under Section 265E(a) CrPC, the Court shall award the compensation to the victim in accordance with the disposition under Section 265D CrPC and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under Section 360 CrPC or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force.
Under Section 265E(b) CrPC, after hearing the parties under Section 265E(a) CrPC, if the Court is of the view that Section 360 CrPC or the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force are attracted in the case of the accused, the Court may release the accused on probation or provide the benefit of any such law, as the case may be.
Under Section 265E(c) CrPC, after hearing the parties under Section 265E(b) CrPC, if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, the Court may sentence the accused to half of such minimum punishment.
Under Section 265E(d) CrPC, after hearing the parties under Section 265E(b) CrPC, if the Court finds that the offence committed by the accused is not covered under Section 265E(b) CrPC or Section 265E(c) CrPC, the Court may sentence the accused to one-fourth of the punishment provided or extendable, as the case may be, for such offence.

Example of Section 265E CrPC

Ramesh is the accused and Meera is the victim in a case where a satisfactory disposition has been worked out under Section 265D CrPC. Under Section 265E(a) CrPC, the Court shall award the compensation to Meera in accordance with the disposition and hear the parties on the quantum of the punishment. After hearing the parties, the Court is not of the view that Section 360 CrPC, the Probation of Offenders Act, 1958 or any other law for the time being in force is attracted in the case of Ramesh, and finds that minimum punishment has been provided under the law for the offence committed by Ramesh. Under Section 265E(c) CrPC, the Court may sentence Ramesh to half of such minimum punishment.

When Section 265E CrPC Does Not Apply

Section 265E CrPC speaks of a case where a satisfactory disposition of the case has been worked out under Section 265D CrPC. It does not deal with the report of that disposition, which Section 265D CrPC covers under the heading Report of the mutually satisfactory disposition to be submitted before the Court.
Section 265E(b) CrPC speaks of release on probation or the benefit of any such law where the provisions named in it are attracted in the case of the accused. Where they are not attracted, Section 265E(b) CrPC does not apply.
Section 265E(c) CrPC speaks of a sentence of half of such minimum punishment where minimum punishment has been provided under the law for the offence committed by the accused. Where no minimum punishment has been provided, Section 265E(c) CrPC does not apply.
Section 265E(d) CrPC speaks of a sentence of one-fourth of the punishment provided or extendable where the offence is not covered under Section 265E(b) CrPC or Section 265E(c) CrPC. Where the offence is covered under either of them, Section 265E(d) CrPC does not apply.

Section 265E CrPC Under BNSS 293: What Changed

Section 265E CrPC is now covered under Section 293 BNSS.

Section 265E of the Code of Criminal Procedure, 1973 is found in Section 293 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 293(c) BNSS adds, for an accused who is a first-time offender and has not been convicted of any offence in the past, the words it may sentence the accused to one-fourth of such minimum punishment, after the words about half of such minimum punishment that Section 265E(c) CrPC has. Section 293(d) BNSS adds, for such an accused, the words it may sentence the accused to one-sixth of the punishment provided or extendable, after the words about one-fourth of the punishment provided or extendable that Section 265E(d) CrPC has. Section 293 BNSS refers to Section 292 BNSS where Section 265E CrPC referred to Section 265D CrPC, and to Section 401 BNSS where Section 265E CrPC referred to Section 360 CrPC. Section 293(b) BNSS and Section 293(d) BNSS do not have the words as the case may be.

View detailed comparison (CrPC 265E vs BNSS 293) →

FAQs on Section 265E CrPC

What shall the Court do first under Section 265E(a) CrPC once a satisfactory disposition has been worked out?▼

Section 265E(a) CrPC says the Court shall award the compensation to the victim in accordance with the disposition under Section 265D CrPC and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under Section 360 CrPC or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force.

When may the Court release the accused on probation under Section 265E(b) CrPC?▼

Section 265E(b) CrPC says that after hearing the parties under Section 265E(a) CrPC, if the Court is of the view that Section 360 CrPC or the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the case may be.

What sentencing fractions does Section 265E CrPC state?▼

Section 265E(c) CrPC says that if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment. Section 265E(d) CrPC says that if the offence committed by the accused is not covered under Section 265E(b) CrPC or Section 265E(c) CrPC, it may sentence the accused to one-fourth of the punishment provided or extendable, as the case may be, for such offence.

Where is Section 265E 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 265E CrPC is found in Section 293 BNSS. Section 265E(a) CrPC, Section 265E(b) CrPC, Section 265E(c) CrPC and Section 265E(d) CrPC are found in Section 293(a) BNSS, Section 293(b) BNSS, Section 293(c) BNSS and Section 293(d) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·