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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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