(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).
Bharatiya Nagarik Suraksha Sanhita
Section 290
Application for plea bargaining
⚡ Quick Answer Reference: Section 290 BNSS
- Provision: Section 290 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PLEA BARGAINING
- Jurisdiction: India
- Summary: A person accused of a crime can apply for plea bargaining within 30 days of being charged. The application must include a brief description of the case and an affidavit stating that the accused has voluntarily chosen to plea bargain and has not been previously convicted of the same crime. The court will then examine the accused to ensure the application was made voluntarily.
What does Section 290 of BNSS say?
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What does Section 290 of BNSS mean?
Plain English Explanation
A person accused of a crime can apply for plea bargaining within 30 days of being charged. The application must include a brief description of the case and an affidavit stating that the accused has voluntarily chosen to plea bargain and has not been previously convicted of the same crime. The court will then examine the accused to ensure the application was made voluntarily.
Practical Interpretation
In practice, this section allows accused individuals to negotiate a plea deal with the prosecution and the victim, potentially avoiding a lengthy trial. The court's role is to ensure the accused is making a voluntary decision.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for accused individuals to negotiate a plea deal, potentially reducing the burden on the court and the parties involved.
- •The accused must file the application within 30 days of being charged.
- •The application must include a brief description of the case and an affidavit stating the accused's voluntary decision to plea bargain.
- •The court must examine the accused to ensure the application was made voluntarily.
- •If the court finds the application was made involuntarily or the accused has a prior conviction for the same crime, the case will proceed as usual.
Practical Example of Section 290 BNSS
Rajesh, a 35-year-old businessman, is accused of a minor offense under the BNSS. He files an application for plea bargaining within 30 days of being charged, including a brief description of the case and an affidavit stating his voluntary decision to plea bargain. The court examines Rajesh and finds that his application was made voluntarily. The court then provides time for the prosecution and Rajesh to work out a mutually satisfactory disposition of the case, which may include compensation for the victim.
Frequently Asked Questions about Section 290 BNSS
Q: What is the punishment or consequence under Section 290 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals accused of crimes under the BNSS.
Q: Is an offence under this section bailable or cognizable?
This section does not classify the offense as bailable or cognizable; it is a procedural provision.
Common Questions about Section 290 BNSS
What is Section 290 of BNSS?
Section 290 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Application for plea bargaining". In plain terms: A person accused of a crime can apply for plea bargaining within 30 days of being charged. The application must include a brief description of the case and an affidavit stating that the accused has voluntarily chosen to plea bargain and has not been previously convicted of the same crime. The court will then examine the accused to ensure the application was made voluntarily.
What is the punishment under Section 290 of BNSS?
Section 290 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 290 of BNSS bailable or non-bailable?
Whether Section 290 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 290 of BNSS?
The essential elements of Section 290 of BNSS are: The accused must file the application within 30 days of being charged.; The application must include a brief description of the case and an affidavit stating the accused's voluntary decision to plea bargain.; The court must examine the accused to ensure the application was made voluntarily..
Landmark Judgments under Section 290 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 290
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