Plea bargaining in simple terms can be defined as the acceptance of the crime
done by the accused so that his tenure or term of punishment will be reduced.
for example, letís say Mr. x committed a crime and now to get lesser punishment
he agrees that the offence was committed by him so in such cases his term of
sentence can be reduced. This rule is basically followed in the united states
irrespective of the type of offence but in our country this concept is not
followed but it is still mentioned in the CRPC also it is initiated only at the
stage of cognizance taken by the magistrate.
Section 265 (A)
This section basically says that a person can go for plea bargaining if he has
committed an offence which is not punishable with life imprisonment or
imprisonment of more than seven years or with death also this concept will be
applied only if the magistrate has taken the cognizance or if the final report
is submitted by the police that a person is charged with some offences which is
not punishable with life imprisonment, imprisonment for seven years or with
for example, if Mr. Shyam killed Mr. Arun so in such case can he go for plea
No because the crime committed by Mr. Shyam is of serious nature and also the
above-mentioned section says that it will not include the offence which is
punishable with death or life imprisonment or imprisonment for more than seven
Q. Does the above-mentioned section have any exceptions?
Yes, this section also says that the concept of plea bargaining will not be
applied if the crime is committed against the woman or a child who is below the
age of fourteen years or if there is commission of socio-economic offences which
generally includes corruption, not paying taxes etc.
Q. What if a crime is committed by a woman?
If a crime is committed by a woman, then in such cases, she can go for plea
bargaining but if a woman commits a crime against another woman, then in such
cases, she cannot go for plea bargaining.
Section 265 (B)
This section talks about the person who can give the application for plea
bargaining so it states that a person who is accused of an offence is allowed to
file an application for plea bargaining. It is to be noted that this application
should be filed before a trial as it is a pretrial procedure so the accused will
file it through his lawyer before the commencement of the trial. Here the
accused will also provide an affidavit with the application which he has filed
for plea bargaining to the magistrate and the magistrate has to satisfy himself
that the act of filing an application along with the affidavit is not done under
compulsion rather it should be done voluntarily but if the magistrate finds that
the accused was previously convicted for the same offence by some of the lower
courts then in such cases the magistrate will reject the application of the
accused. After such submission of application by the accused the court will ask
the complainant and the accused to be present on a date which will be decided by
the court. after the accused and the complainant appear before the court of law
on the day as asked by the court then the court investigates the accused in
camera either in the personal chamber of the magistrate or of the judge only for
the reason to check that whether the filing of application was done voluntarily
or under compulsion by the accused so if the judge or the magistrate is
satisfied that the filing of application for plea bargaining by the accused was
done voluntarily then in such case the court will give time to the accused and
the complainant to work on a certain negotiations or agreements like
compensation which will be given to the victim by the accused after which next
date of appearance will be decided by the court for the next hearing of the case
Q. What if the court finds that the filing of application by the accused was
done involuntarily after such camera proceedings?
If the court finds that the filing of application for plea bargaining by the
accused was not done voluntarily then in such cases the court will proceed with
the normal trial procedure.
Q. What will happen in a case where the accused who filed an application is a
If the accused is a habitual offender, then in such case court will reject his
Section 265 (C)
This section deals with the instructions of negotiations or the agreements
between the accused and the victim so here it says that if the case was
initiated upon the final report which was given by the police authorities then
in such cases the court will issue notice to the police officer who submitted
the report , accused and the victim to participate in a meeting to work on such
negotiations or agreements only to ensure that the negotiation was done by the
accused voluntarily and not under any compulsion but if the case was initiated
upon the complaint upon which the magistrate took the cognizance then in such
cases the court will issue notice to the victim and the accused to participate
in a meeting where they will work on some negotiations regarding the case like
deciding some of the amount which will be given to the victim or any other
expenses etc. also it is mandatory for the court to ensure that the negotiation
was done voluntarily by the accused and the victim but if a court founds that
the negotiation was done involuntarily then in such cases also the court will
proceed with the normal trial procedure.
Section 265 (D)
As we saw in section 265 C that the court issues notice to work on such
negotiations so after that this section deals with the submission of such
negotiation report to the court so if both the parties i.e., accused and the
victim if they both have worked on such negotiation or if they have decided
about the compensation that will be given to the victim or any other expense
then in such case the report of the negotiation will be submitted before the
court which will be signed by the magistrate and by all those persons who
participated in such meeting of negotiations but if no such negotiation has been
worked out between the accused and the victim then in such cases the court will
proceed with the normal trial procedures.
Section 265 (E)
If the parties have already decided about the amount or any other expense which
will be given to the victim and the report is submitted to the court then in
such cases the court will discard the case by giving the victim the amount which
was decided by both the parties during the time of such negotiations between the
accused and the victim and also the court will hear the parties in case of
punishment which will be given to the accused by taking certain things on
consideration such as good conduct, time served in prison which prescribing the
quantum of punishment.
The court may release the accused by proper warning or
give him lesser punishment or give him an opportunity to reform. if a court
finds that minimum punishment has been provided under law for such offence
committed by the accused then in such cases the court may reduce the sentence of
the accused to half of such minimum punishment but if there is no such minimum
punishment provided then in such case one fourth of the punishment will be given
to the accused.
For example, if Mr. Ranjan was accused of an offence for which the minimum
punishment was say 4 years so in such cases the court can reduce the offence to
2 years i.e.: half of such minimum punishment.
Section (265 F-265 L)
In the last few section, it says that the judgement of the court should be given
in an open court which will be also signed by the presiding officer of the court
and after the judgment given by such court it will not be appealed further as
that particular judgement will be the final judgement.
Award Winning Article Is Written By: Mr.Rakchit Mishra
Authentication No: MA114207801600-22-0522