Plea Bargaining under Bharatiya Nagarik Suraksha Sanhita (BNSS)
Introduction
Plea bargaining aims at expediting the resolution of criminal cases by promoting negotiations between the accused and the prosecution. In this article, we will examine the concept of Plea bargaining under the Bharatiya Nagarik Suraksha Sanhita (BNSS), which will be a brief overview of sections related to plea bargaining under BNSS.
Application of Chapter (Section 289 BNSS):
The chapter of plea bargaining applies to an accused against whom a report has been forwarded by the police alleging an offence, excluding those punishable by death or imprisonment exceeding seven years. It also covers cases where a Magistrate takes cognizance on complaint, with exceptions for offences impacting socio-economic conditions, or crimes against women or children below fourteen.
Procedure for Application (Section 290 BNSS):
An accused can file a plea bargaining application within thirty days of charge framing. The application must include a case description, an affidavit by the accused affirming voluntary participation, and a statement of no prior conviction in a similar case. After receiving the application, the court notifies the Public Prosecutor, complainant, and accused to appear.
Verification Process (Section 290, 291 BNSS):
There is a provision of court examination of the accused in camera to ensure voluntary application. If satisfied, it provides time for parties to negotiate a mutually satisfactory disposition, including compensation to the victim. Guidelines for the process are laid out, ensuring voluntary participation by all parties.
Reporting the Outcome (Section 292 BNSS):
If a mutually satisfactory disposition is reached, the court prepares a report signed by the presiding officer and participants. If not, the court records observations and proceeds accordingly.
Disposition of the Case (Section 293 BNSS):
When a satisfactory disposition is achieved, the court awards compensation, considers punishment, and follows specific procedures. It may release the accused on probation, provide benefits under relevant laws, or impose reduced sentences based on the nature of the offence and the accused's criminal history.
Court Judgment (Section 294, 295 BNSS):
The court delivers its judgment openly, and it is deemed final. Except for special leave petitions under Article 136 and writ petitions under Articles 226 and 227 of the Constitution, no appeals are permitted.
Court Powers (Section 296 BNSS):
For plea bargaining purposes, the court possesses all powers regarding bail, trial, and case disposal as outlined in the BNSS.
Period of Detention (Section 297 BNSS):
The period of detention undergone by the accused is set off against the imprisonment sentence, similar to provisions under section 469 BNSS.
Savings Clause (Section 298 BNSS):
This chapter's provisions prevail over any inconsistency with other BNSS provisions. It clarifies that nothing in other sections should restrict the meaning of this chapter.
Public Prosecutor's Role (Section 298 BNSS):
The expression "Public Prosecutor" includes an Assistant Public Prosecutor and holds the meaning as assigned under clause (t) of section 2.
Use of Accused Statements (Section 299 BNSS):
Statements made by the accused in a plea bargaining application cannot be used for any purpose other than the plea bargaining proceedings.
Juvenile Exclusion (Section 300 BNSS):
The provisions of the chapter related to plea bargaining does not apply to juveniles or children, as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Conclusion:
The streamlining of plea bargaining provisions in the BNSS reflects an effort to make criminal proceedings simpler and result oriented. It aims to provide a fair and transparent mechanism for negotiations between the accused and the prosecution. This structured approach brings clarity to the process, promoting efficiency in resolving criminal cases in a quicker and efficient manner.
Frequently Asked Questions (FAQs) on Plea Bargaining under Bharatiya Nagarik Suraksha Sanhita (BNSS):
1. What is Plea Bargaining, and how does it operate under BNSS?
Plea bargaining is a negotiation process between the accused and the prosecution aimed at expediting criminal case resolution. Under BNSS, specific provisions (Sections 289-300) outline the procedures and conditions for plea bargaining.
2. Who is eligible to apply for Plea Bargaining under BNSS?
An accused against whom a police report has been forwarded or a Magistrate has taken cognizance on a complaint can apply. However, certain offences, such as those affecting socio-economic conditions or committed against women or children below fourteen, are excluded.
3. How does one initiate the Plea Bargaining process?
The accused can file a plea bargaining application within thirty days of charge framing. The application must include a case description, an affidavit affirming voluntary participation, and a statement of no prior conviction in a similar case.
4. What is the verification process for the Plea Bargaining application?
Upon receiving the application, the court examines the accused in camera to ensure voluntary participation. If satisfied, it allows time for negotiations and a mutually satisfactory disposition, which may include compensation to the victim.
5. What happens if a satisfactory disposition is reached?
The court prepares a report signed by the presiding officer and participants. The case is disposed of by awarding compensation, considering punishment, and releasing the accused on probation or providing benefits under relevant laws.
6. Is the judgment delivered under Plea Bargaining final?
Yes, the judgment delivered by the court under Plea Bargaining is considered final. Appeals are restricted to special leave petitions under Article 136 and writ petitions under Articles 226 and 227 of the Constitution.
7. What powers does the court have during Plea Bargaining?
The court, for the purposes of Plea Bargaining, possesses all powers related to bail, trial, and case disposal as outlined in the BNSS.
8. How is the period of detention undergone by the accused handled under Plea Bargaining?
The period of detention undergone by the accused is set off against the imprisonment sentence, following provisions similar to section 469 of the BNSS.
9. Do statements made by the accused during Plea Bargaining have other implications?
No, statements made by the accused in a Plea Bargaining application cannot be used for any purpose other than the Plea Bargaining proceedings.
10. Does Plea Bargaining under BNSS apply to juveniles?
No, the provisions of Plea Bargaining under BNSS do not apply to juveniles or children, as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Plea Bargaining under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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