CrPC Section-265B - Application for plea bargaining
Description
Filing of Application:
- A person accused of an offence may apply for plea bargaining in the Court where the trial is pending.
Contents of the Application:
- A brief description of the case, including the offence involved.
- An affidavit sworn by the accused stating:
- The application is made voluntarily after understanding the punishment for the offence.
- The accused has not been previously convicted for the same offence.
Notice & Appearance:
- Upon receiving the application, the Court shall issue notice to:
- The Public Prosecutor or the complainant, as applicable.
- The accused, directing them to appear on a fixed date.
In-Camera Examination of the Accused:
- On the scheduled date, the Court shall examine the accused in camera (privately, without the other party present) to ensure the application was filed voluntarily.
Court's Decision:
- If the Court is satisfied that the application is voluntary:
- It will allow time for the Public Prosecutor/complainant and the accused to negotiate a mutually satisfactory disposition, which may include compensation to the victim and other expenses.
- A new hearing date is fixed.
- If the Court finds that the application was involuntary or the accused was previously convicted for the same offence:
- The Court shall proceed with the trial as per the regular provisions of the Code, ignoring the plea bargaining application.
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