Section 290 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
**Section 290 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** introduces a structured framework for **plea bargaining** in criminal cases, aiming to expedite the judicial process and provide a mechanism for the accused to seek a reduced sentence in exchange for a guilty plea.
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### 🧾 Section 290: Application for Plea Bargaining
#### 1. **Eligibility and Timeline**
* **Who Can Apply**: Any person accused of an offense.([indiankanoon.org][1])
* **When to Apply**: Within **30 days** from the date of framing of charges in the court where the offense is pending trial.([jurisquest.com][2])
#### 2. **Application Requirements**
* **Content of Application**: Must include a brief description of the case and the offense involved.([indiankanoon.org][1])
* **Affidavit**: Accompanied by an affidavit sworn by the accused, stating:
* The plea bargaining is voluntary.
* The accused understands the nature and extent of the punishment provided under the law for the offense.
* The accused has not previously been convicted by a court for the same offense.([indiankanoon.org][3], [indiankanoon.org][1], [vlaoffice.com][4], [legalserviceindia.com][5])
#### 3. **Court Procedure**
* **Issuance of Notice**: Upon receiving the application, the court shall issue a notice to the Public Prosecutor or the complainant and to the accused to appear on the fixed date.([jurisquest.com][2])
* **Examination of Accused**: The court shall examine the accused in camera (private setting) to ensure the application is filed voluntarily.([indiankanoon.org][1])
* **If Satisfied**: The court shall provide a period not exceeding **60 days** for the Public Prosecutor or complainant and the accused to work out a mutually satisfactory disposition of the case, which may include compensation to the victim and other expenses.([indiankanoon.org][1])
* **If Not Satisfied**: The court shall proceed with the case as per the provisions of the BNSS from the stage the application was filed.([taxguru.in][6])
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### ⚖️ Legal Context
This provision is analogous to **Section 265B of the Criminal Procedure Code (CrPC)**, which also deals with plea bargaining. However, the BNSS introduces additional safeguards, such as the requirement for an affidavit and the in-camera examination of the accused, to ensure the voluntariness and understanding of the plea bargaining process.
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### 🔍 Practical Implications
* **For the Accused**: Provides an opportunity to seek a reduced sentence in exchange for a guilty plea, potentially leading to a quicker resolution of the case.
* **For the Victim**: May result in compensation and a more expedited legal process.
* **For the Judiciary**: Helps in decongesting court dockets by encouraging settlements and reducing the number of prolonged trials.
* **For Legal Practitioners**: Offers an alternative strategy for case resolution, requiring careful consideration of the pros and cons of entering into a plea bargain.
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