Uttarakhand has started a drive to spread awareness about plea bargaining under BNSS, 2023. Notably, the Union Home Secretary wrote to the Chief Secretaries of all states on the subject. Then, Joint Secretary Gajendra Singh Kafalia forwarded the letter to key state offices. The letter seeks wide publicity of the provision. Hence, the state hopes to ease court backlogs and speed up justice.
Offices Asked to Spread the Word
The letter went to the Inspector General of Police (Crime and Law and Order). It also reached the Prison Administration and Correctional Services Department. In addition, the Medical Education and Health Department, NIC and the Prosecution Directorate received copies. Finally, the Forensic Science Laboratory, Uttarakhand, received it.
Who Can Seek Plea Bargaining
Plea bargaining applies to offences punishable with imprisonment of up to seven years. However, it excludes offences punishable with death or life imprisonment. It also excludes offences against women and against children below 14 years. Similarly, notified offences affecting the country’s socio-economic condition stay outside its scope. Above all, an accused must apply within 30 days of the framing of charge.
What Changed from the CrPC
Earlier, the CrPC, 1973 carried plea bargaining in Chapter XXI-A, Sections 265A to 265L. The Criminal Law (Amendment) Act, 2005 added it, and it took effect on 5 July 2006. Now, BNSS Chapter XXIII, Sections 289 to 300, retains the concept. However, the BNSS adds the 30-day deadline, which the CrPC lacked. It also offers lighter terms for first-time offenders.
How Sentencing Concessions Work
Under Section 293, the court may award half of the minimum punishment, where one exists. Moreover, a first-time offender may get one-fourth of that minimum. Where no minimum exists, the court may give one-fourth of the maximum. In that case, a first-time offender may get one-sixth. The court also decides compensation for the victim.
Plea Bargaining Under BNSS: Key Facts for Revision
- Law: Bharatiya Nagarik Suraksha Sanhita, 2023 (in force from 1 July 2024)
- Chapter: XXIII, Sections 289 to 300
- Old law: CrPC Chapter XXI-A, Sections 265A to 265L
- Eligibility: Offences punishable up to seven years
- Deadline: 30 days from framing of charge
- Exclusions: Offences against women, children below 14 and notified socio-economic offences
Why Plea Bargaining Under BNSS Matters for UKPSC
Notably, plea bargaining can cut the heavy backlog of criminal cases. So, remember the seven-year limit, the 30-day window and the new section numbers. Also, link it with other BNSS reforms such as e-FIR. For official updates, also visit the Ministry of Home Affairs. Next, for a related story, read about e-FIR under BNSS Section 173. You can also download our free Uttarakhand Current Affairs magazine.
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