Section 265H CrPC: Power of the Court in plea bargaining

Code of Criminal Procedure, 1973

Section 265H CrPC at a Glance

Section 265H CrPC deals with power of the Court in plea bargaining. From 1 July 2024 it is replaced by Section 296 BNSS.

Now BNSS

Section 296 →

What Section 265H CrPC Says

265H. Power of the Court in plea bargaining

A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Code.

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

Section 265H CrPC in Simple Words

Section 265H of the Code of Criminal Procedure, 1973 deals with the power of the Court in plea bargaining. A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Code.

When Section 265H CrPC Applies

  • A Court has, for the purposes of discharging its functions under this Chapter, the powers described in Section 265H CrPC.
  • The powers are all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case.
  • The powers are those vested in such Court under the Code.

Example of Section 265H CrPC

Ramesh is the accused in a case in which the Court is discharging its functions under the Chapter on plea bargaining. A question of bail for Ramesh arises. Under Section 265H of the Code of Criminal Procedure, 1973, the Court has all the powers vested in such Court under the Code in respect of bail.

When Section 265H CrPC Does Not Apply

  • Section 265H CrPC speaks of the powers of a Court in respect of bail, trial of offences and other matters relating to the disposal of a case. It does not deal with the application for plea bargaining, which is the subject of Section 265B CrPC.
  • Section 265H CrPC speaks of the powers vested in such Court under the Code. It does not deal with the non-application of the Chapter, which is the subject of Section 265L CrPC.

Section 265H CrPC Under BNSS 296: What Changed

Section 265H CrPC is now covered under Section 296 BNSS.

Section 296 BNSS has the same text as Section 265H CrPC, except that Section 296 BNSS reads under this Sanhita where Section 265H CrPC read under this Code.

View detailed comparison (CrPC 265H vs BNSS 296) →

FAQs on Section 265H CrPC

What powers does a Court have under Section 265H CrPC?▼

A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under the Code.

Does Section 265H CrPC refer to bail?▼

Yes. Section 265H CrPC names bail, trial of offences and other matters relating to the disposal of a case as matters in respect of which the Court has all the powers vested in such Court under the Code.

Under which law are the powers in Section 265H CrPC vested?▼

Section 265H CrPC refers to the powers vested in such Court under this Code, that is, the Code of Criminal Procedure, 1973.

Where is Section 265H 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 265H CrPC has no sub-sections, and maps as a whole to Section 296 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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