Criminal & Cyber Law
Plea Bargaining
The statutory procedure under Chapter XXIII of the BNSS for eligible offences, with the court's approval.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Plea bargaining in India is a procedure set out in Chapter XXIII of the BNSS (earlier Chapter XXIA of the CrPC). It is available only for offences punishable with imprisonment of up to seven years, and not for offences affecting the socio-economic condition of the country or offences against a woman or a child below the specified age. The accused files an application stating it is voluntary; the court examines the accused in private, and a mutually satisfactory disposition may be worked out with the prosecution and the victim. The court then passes sentence within limits fixed by the law. Pleading guilty results in a conviction, so it is a serious decision to take with advice.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
Which cases are eligible?
Offences punishable with imprisonment of up to seven years, other than offences affecting the socio-economic condition of the country and offences against a woman or a child below the specified age. A person previously convicted of the same offence is also excluded.
How is the sentence decided?
The court sentences within limits that the law links to the punishment for the offence, and can also release the accused on probation where that law applies. The victim may be awarded compensation.
Can the judgment be appealed?
No appeal lies against a judgment in plea bargaining, except a special leave petition to the Supreme Court or a writ petition to the High Court.
Does it create a conviction?
Yes. The disposal is a conviction for the offence, so it should be weighed against the strength of the defence and its effect on employment, travel and other matters.