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Sunakshi   27 August 2021

Plea bargain

Can an accused file for a plea bargain during the trial instead of before the beginning of the trial?

 3 Replies

Megha Bindal   27 August 2021


To answer your query,

As per Section 265B, CrPC, any person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.

The process of Plea Bargaining is a pre trial procedure. Hence, the application is to be filed before the trial. 

Hope this helped. 

1 Like

Sunakshi   27 August 2021

Are there any exceptions to this wherein a plea bargain application can be filed during the pendency of trial?


minakshi bindhani   27 September 2021

As per your concerned query!

Indian Law does not provide plea-bargaining for the offences in which
(a) the offence is punishable with death or imprisonment for life
(b) punishable with imprisonment for a term exceeding 7 years
(c) committed against socio-economic conditions of the country
(d) an offence committed against women and children below the age of 14 years.

Section 265 B (1) Cr.P.C. makes it clear that such application is to be made to the Court in which such offence is “pending for trial”, the said expression implicit is that the case in which such application for plea bargaining is to be entertained cannot be “pending trial”. Thus, the application for plea-bargaining is entertained at a stage anterior to the framing of charge or serving of notice of accusation".

In a case of plea bargaining that the applicant has not previously been convicted by a court in a case in which he had been charged with the same offence.

The judgment of plea-bargaining cases are final and no appeal lies on such judgment. However, Article 136 of the Constitution can be filed by the accused against the order.

Hope it clarifies the issues!
Minakshi Bindhani

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