Skip to main content

Code of Criminal Procedure, 1973

Section 265B

Application for plea bargaining

Quick Answer Reference: Section 265B CrPC

  • Provision: Section 265B of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 265B of CrPC say?

A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial. 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. 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. 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— 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; 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).

Indian StandardSection 265B, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 265B (India)
Court Pleading StandardSection 265B of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/265b

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 265B CrPC

What is Section 265B of CrPC?

Section 265B of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Application for plea bargaining". The section states: A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial. The application under Sub-Section (1) shall co...

What is the punishment under Section 265B of CrPC?

Section 265B of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 265B of CrPC bailable or non-bailable?

Whether Section 265B of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 265B CrPC

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)