Charged with a minor offence and dreading a years-long trial? Under the new criminal code, plea bargaining lets you admit guilt in writing and ask the court for a much lighter sentence, and it is now governed by sections 289 to 300 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Quick answer: Plea bargaining is a legal deal where you plead guilty in return for a less serious punishment. Under BNSS 2023 (sections 289 to 300) you can apply within 30 days of charge framing, but only for offences punishable with 7 years or less, and never for offences against a woman or a child.
Plea bargaining is a pre-trial deal. The accused agrees to plead guilty, and in return the court awards a lighter sentence and orders compensation for the victim. It is not a bribe or a backroom fix. Every step happens in open court under sections 289 to 300 of BNSS 2023, which replaced the old rules on 1 July 2024. In the Code of Criminal Procedure, 1973, these provisions sat in Chapter XXIA (sections 265A to 265L).
Plea bargaining is only for less serious cases. Section 289 sets the outer limit.
You may apply if:
You cannot apply if:
| You gain | You give up |
|---|---|
| A lighter sentence. Where the law sets a minimum punishment, the court can give half of that minimum, and only one-fourth of the minimum if you are a first-time offender (BNSS, section 293). | You admit guilt and are convicted. This is a conviction, not an acquittal. |
| Where the law sets no minimum, the sentence can be one-fourth of the punishment, and one-sixth if you are a first-time offender (BNSS, section 293). | You give up your right to a regular appeal. Only a Special Leave Petition under Article 136, or a writ under Articles 226 and 227, is left (BNSS, section 295). |
| Possible release on probation under section 401 or the Probation of Offenders Act, 1958 (BNSS, section 293). | You must pay compensation to the victim as part of the deal (BNSS, section 293). |
| A faster end to the case, with less cost and stress. Your statements in the application cannot be used against you for any other purpose (BNSS, section 299). | The conviction stays on your record. |
A shopkeeper in Kanpur is charged with a first-time offence that is punishable with imprisonment up to 3 years and carries no minimum sentence. Facing a long trial, he files a plea bargaining application within 30 days of the charge being framed. At the in-camera hearing the judge confirms his choice is voluntary. Over the next few weeks the parties agree that he will pay ₹15,000 as compensation to the complainant. Because he is a first-time offender and the offence has no minimum, the court can limit his sentence to one-sixth of the maximum, which works out to about 6 months, and may even consider probation. His case closes in months instead of dragging on for years.
Before you sign away your right to a trial, gather every document about your case: the chargesheet, the FIR, and the case diary. Your lawyer can get certified copies from the court, and you can seek related records from a public authority using the Right to Information Act, 2005.
For a plain-English guide to your rights and how RTI works alongside a court case, read The RTI Playbook.
No. Plea bargaining under BNSS 2023 works only for offences punishable with imprisonment of 7 years or less. It is barred for offences that carry death, life imprisonment, or a term above 7 years, and for offences that affect the socio-economic condition of the country (BNSS, section 289).
Offences committed against a woman or a child are excluded, along with socio-economic offences notified by the Central Government (BNSS, section 289). A juvenile or child under the Juvenile Justice (Care and Protection of Children) Act, 2015 also cannot use it (BNSS, section 300).
Where the law fixes a minimum punishment, the court can give half of that minimum, or one-fourth of the minimum if you are a first-time offender. Where there is no minimum, it can give one-fourth of the punishment, or one-sixth if you are a first-time offender (BNSS, section 293).
Yes. The court awards compensation to the victim as part of the disposition, and this is settled before your sentence is fixed (BNSS, sections 292 and 293).
No regular appeal is allowed. The judgment is final. Your only options are a Special Leave Petition under Article 136 of the Constitution, or a writ petition under Articles 226 and 227 (BNSS, section 295).
If no mutually satisfactory disposition is reached, your case goes back to a normal trial from the stage where you filed the application (BNSS, section 292). Anything you said in the application cannot be used against you later (BNSS, section 299).
No. In a plea bargain you plead guilty and are convicted, so the record shows a conviction, not an acquittal. You accept a lighter sentence in exchange for ending the trial early.
BNSS 2023 came into force on 1 July 2024, replacing the Code of Criminal Procedure, 1973. Plea bargaining used to sit in Chapter XXIA (sections 265A to 265L) of the old CrPC. It now lives in Chapter XXIII (sections 289 to 300).