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PLEA BARGAINING

CHAPTER XXIII

289. Application of Chapter

290. Application for plea bargaining

291. Guidelines for mutually satisfactory disposition

292. Report of mutually satisfactory disposition to be submitted before Court

293. Disposal of case

294. Judgment of Court

295. Finality of judgment

296. Power of Court in plea bargaining

297. Period of detention undergone by accused to be set off against sentence of imprisonment

298. Savings

299. Statements of accused not to be used

300. Non-application of Chapter

Based on Chapter XXIII (Plea Bargaining) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary-style questions designed to test your memory, understanding, reasoning, and analytical skills.

Q1.
According to Section 289(1), plea bargaining is applicable to an accused if the offence committed is NOT punishable by:
A) Death.
B) Imprisonment for life.
C) Imprisonment for a term exceeding seven years.
D) All of the above.

Q2.
Plea bargaining does NOT apply to which of the following categories of offences under Section 289(1)?
A) Offences affecting the socio-economic condition of the country.
B) Offences committed against a woman.
C) Offences committed against a child.
D) All of the above.

Q3.
(New BNSS Update) Under Section 290(1), within what period from the date of framing of charge may a person accused of an offence file an application for plea bargaining?
A) Fifteen days.
B) Thirty days.
C) Sixty days.
D) Ninety days.

Q4.
According to Section 290(2), what must the application for plea bargaining contain?
A) A brief description of the case.
B) An affidavit stating that the accused has voluntarily preferred the application.
C) A statement that the accused has not been previously convicted of the same offence.
D) All of the above.

Q5.
When the Magistrate examines the accused in camera under Section 290(4), what is the primary purpose?
A) To record a formal confession for the trial.
B) To satisfy the Court that the application was filed voluntarily.
C) To negotiate the compensation amount on behalf of the victim.
D) To hear the prosecution's evidence before accepting the plea.

Q6.
If the Court finds the accused was previously convicted by a Court for the same offence, what is the mandatory action under Section 290(4)(b)?
A) The Court must immediately acquit the accused.
B) The Court shall proceed from the stage such application was filed.
C) The Court must increase the proposed punishment.
D) The application is transferred to the High Court.

Q7.
Under Section 291(a), who must participate in working out a mutually satisfactory disposition in a case instituted on a police report?
A) The Public Prosecutor and the victim.
B) The accused and the Investigating Officer.
C) The Public Prosecutor, the victim, and the accused.
D) Only the victim and the accused.

Q8.
In a case instituted OTHERWISE than on a police report, who participates in the mutually satisfactory disposition under Section 291(b)?
A) The Magistrate and the accused.
B) The victim and the accused.
C) The victim's advocate and the Public Prosecutor.
D) The accused and the Investigating Officer.

Q9.
Is it the duty of the Court to ensure that the plea bargaining process is completed voluntarily by the parties involved under Section 291?
A) Yes, it is the duty of the Court.
B) No, the parties are responsible for their own voluntariness.
C) Only if the accused is indigent.
D) Only if the Magistrate is a woman.

Q10.
According to Section 292, once a mutually satisfactory disposition is worked out, it must be submitted to the Court in the form of a report signed by:
A) The presiding officer of the Court and all other parties.
B) The accused and the Public Prosecutor only.
C) The victim and the Magistrate only.
D) The Investigating Officer.

Q11.
Under Section 293(a), what is the first mandatory step for the Court when disposing of a case after a successful plea bargain?
A) To sentence the accused to the maximum term.
B) To award compensation to the victim.
C) To release the accused on a personal bond without hearing.
D) To stay the proceedings for six months.

Q12.
If a minimum punishment is provided by law for an offence, and plea bargaining is successful, what is the sentencing rule under Section 293(c)?
A) The Court can waive the punishment entirely.
B) The Court shall sentence the accused to half of such minimum punishment.
C) The Court must sentence the accused to the full minimum punishment.
D) The Court shall sentence the accused to one-fourth of the maximum punishment.

Q13.
In a successful plea bargain where the offence is NOT one with a prescribed minimum punishment, the Court shall sentence the accused to _____ of the punishment provided for that offence under Section 293(d).
A) One-half.
B) One-third.
C) One-fourth.
D) Three-fourths.

Q14.
According to Section 294, the judgment in a plea bargaining case shall be delivered in:
A) The Magistrate's private chamber to ensure confidentiality.
B) Open Court.
C) Through electronic mail to the parties only.
D) The absence of the accused to prevent conflict.

Q15.
Under Section 295, a judgment delivered by the Court in a plea bargaining process is:
A) Appealable in the Sessions Court.
B) Final and no appeal shall lie.
C) Subject to summary review by the same Magistrate.
D) Valid only if confirmed by the State Government.

Q16.
What are the only two legal remedies available against a judgment passed under the plea bargaining chapter as per Section 295?
A) Regular Appeal and Revision.
B) Special leave petition under Article 136 and Writ petition under Articles 226 or 227.
C) Review petition and Curative petition.
D) There are no legal remedies whatsoever.

Q17.
Under Section 296, the Court has which of the following powers while discharging its functions in plea bargaining?
A) Powers in respect of bail.
B) Powers relating to the trial of offences.
C) Powers relating to the disposal of a case.
D) All of the above.

Q18.
According to Section 297, can the period of detention already undergone by the accused be set off against the sentence imposed in plea bargaining?
A) No, plea bargaining requires the accused to serve the entire new sentence.
B) Yes, the provisions of Section 468 shall apply.
C) Only if the sentence is more than 7 years.
D) Only if the Central Government provides a waiver.

Q19.
Under Section 299, statements or facts stated by an accused in a plea bargaining application:
A) Can be used as a confession in a later trial if the bargain fails.
B) Shall not be used for any other purpose except for the purpose of this Chapter.
C) Become part of the public record accessible by the victim's family for civil suits.
D) Must be published in the official gazette.

Q20.
Section 300 explicitly states that Chapter XXIII (Plea Bargaining) shall NOT apply to:
A) Any first-time offender.
B) Any public servant accused of corruption.
C) Any juvenile or child as defined in the Juvenile Justice Act.
D) Any person accused of a non-cognizable offence.

Q21.
Reasoning: Why does Section 289(1) exclude offences committed against women or children from plea bargaining?
A) Because these offences always carry a mandatory death sentence.
B) To prevent the victim from being pressured into a settlement for serious crimes with high social impact.
C) Because Magistrates lack the jurisdiction to try such cases.
D) Because the BNSS does not define "victim" in relation to women.

Q22.
Logic: If 'A' applies for plea bargaining for an offence punishable with 10 years, can the Court accept the application?
A) Yes, if 'A' admits the guilt in writing.
B) No, Section 289(1) strictly limits plea bargaining to offences with punishment not exceeding seven years.
C) Yes, provided the victim gives a "no objection" certificate.
D) Only if the Public Prosecutor recommends it.

Q23.
Analysis: Under Section 290(4), if the Court determines that the accused filed the application UNVOLUNTARILY, what must it do?
A) Convict the accused of a minor offence anyway.
B) Proceed from the stage such application was filed as per the regular trial rules.
C) Dismiss the FIR and discharge the accused.
D) Fine the advocate who filed the application.

Q24.
Who is responsible for notifying which offences affect the "socio-economic condition of the country" under Section 289(2)?
A) The High Court.
B) The State Government.
C) The Central Government.
D) The Law Commission of India.

Q25.
True or False: According to Section 293(b), the Court can release an accused on probation of good conduct after a successful plea bargain.
A) True.
B) False.

Q26.
Under Section 298, the provisions of Chapter XXIII shall have effect _____ anything inconsistent therewith contained in other provisions of the Sanhita.
A) Subject to.
B) Notwithstanding.
C) In accordance with.
D) Provided they do not contradict.

Q27.
Problem: An accused is charged with theft. After the framing of charges, 45 days have passed. He now wishes to apply for plea bargaining. Is this application maintainable?
A) Yes, it can be filed at any time during the trial.
B) No, Section 290(1) requires the application to be filed within thirty days from the date of framing of charge.
C) Yes, if the victim consents to the delay.
D) No, plea bargaining is only available before charges are framed.

Q28.
If no mutually satisfactory disposition is reached under Section 291, what is the next step for the Court as per Section 290(4)(b)?
A) The Court must force a settlement.
B) The Court shall proceed with the trial from the stage such application was filed.
C) The Court must transfer the case to a different district.
D) The accused is automatically acquitted.

Q29.
According to the explanation in Section 298, "Public Prosecutor" for the purposes of Chapter XXIII includes:
A) The Victim's private advocate.
B) Any police officer below the rank of Inspector.
C) An Assistant Public Prosecutor appointed under Section 19.
D) The District Magistrate.

Q30.
Under Section 293, if the Court decides to sentence the accused after a successful bargain, it must first:
A) Hear the parties on the quantum of punishment.
B) Publish the sentence in a local newspaper.
C) Inform the High Court for confirmation.
D) Direct the accused to surrender his passport.

Answer Key

  1.  D [S. 289(1)]

  2.  D [ S. 289(1)]

  3.  B [ S. 290(1)]

  4.  D [ S. 290(2)]

  5.  B [S. 290(4)]

  6.  B [ S. 290(4)(b)]

  7.  C [ S. 291(a)]

  8. B [ S. 291(b)]

  9. A [ S. 291]

  10. A [ S. 292]

  11. B [ S. 293(a)]

  12. B [ S. 293(c)]

  13. C [ S. 293(d)]

  14. B [ S. 294]

  15. B [ S. 295]

  16. B [S. 295]

  17. D [ S. 296]

  18. B [S. 297]

  19. B [ S. 299]

  20. C [ S. 300]

  21. B [ S. 289 - Social Reasoning]

  22. B [ S. 289 - Legal Limit]

  23. B [ S. 290(4)]

  24. C [ S. 289(2)]

  25. A [ S. 293(b)]

  26. B [ S. 298]

  27. B [ S. 290(1)]

  28. B [ S. 290(4)(b)]

  29. C [ S. 298 Explanation]

  30. A [ S. 293(a)]

Based on Chapter XXIII (Plea Bargaining) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 10 statement-based questions designed for practice.

Q1.
Consider the following statements regarding the application of plea bargaining under Section 289:
Statement I: Plea bargaining is available for offences punishable with imprisonment for a term not exceeding seven years.
Statement II: The provisions of this chapter do not apply to offences committed against a woman or a child.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q2.
Evaluate the following statements regarding the filing of an application under Section 290:
Statement I: The application must be accompanied by an affidavit stating that the accused has voluntarily preferred the application.
Statement II: After filing, the Court shall examine the accused in camera to satisfy itself that the application is voluntary.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q3.
Regarding the mutually satisfactory disposition under Section 291:
Statement I: In a case instituted on a police report, the Public Prosecutor and the victim must participate in the meeting with the accused.
Statement II: In a case instituted otherwise than on a police report, the Court issues notice to the accused and the victim to work out the disposition.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q4.
Consider these statements regarding the disposal of a case under Section 293:
Statement I: Once a disposition is reached, the Court shall first award compensation to the victim before hearing the parties on the quantum of punishment.
Statement II: The Court has the power to release an accused on probation of good conduct or after admonition if the case warrants such treatment.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q5.
Evaluate the following statements regarding sentencing in plea bargaining (Section 293):
Statement I: If the law provides a minimum punishment, the Court shall sentence the accused to half of such minimum punishment.
Statement II: If no minimum punishment is provided, the Court shall sentence the accused to one-fourth of the punishment provided for that offence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q6.
Regarding the finality of judgment under Section 295:
Statement I: A judgment delivered by the Court in a plea bargaining process is final and no appeal lies against it in any Court.
Statement II: The only exceptions to this finality are Special Leave Petitions under Article 136 and Writ Petitions under Articles 226 and 227 of the Constitution.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q7.
Consider the protections regarding statements made by the accused under Section 299:
Statement I: Statements or facts stated by an accused in a plea bargaining application shall not be used for any other purpose.
Statement II: If the plea bargain fails, these statements can be used as a confession in the subsequent regular trial.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q8.
Regarding the non-application of the chapter under Section 300:
Statement I: Plea bargaining is available to all offenders including those who were children at the time of the offence.
Statement II: Chapter XXIII does not apply to any juvenile or child as defined in the Juvenile Justice (Care and Protection of Children) Act, 2015.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q9.
Evaluate the following statements regarding Section 298:
Statement I: The provisions of Chapter XXIII have effect notwithstanding anything inconsistent contained in other provisions of the BNSS.
Statement II: For the purposes of this chapter, \"Public Prosecutor\" includes an Assistant Public Prosecutor appointed under Section 19.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Q10.
Consider the procedural requirements for the judgment under Section 294:
Statement I: The judgment of the Court in plea bargaining shall be pronounced in open court.
Statement II: The period of detention already undergone by the accused shall be set off against the sentence of imprisonment imposed under this chapter.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct

Answer Key

  1. C (S. 289)

  2. C (S. 290)

  3. C (S. 291)

  4. C (S. 293)

  5. C (S. 293)

  6. C (S. 295)

  7. A (S. 299 prohibits use for other purposes)

  8. B (S. 300 explicitly excludes juveniles)

  9. C (S. 298)

  10. C (S. 294) and 297

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READY RECKONER

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This "Plea Bargaining Quick-Guide" serves as a streamlined ready reckoner for Chapter XXIII (Sections 289–300) of the BNSS, 2023. This chapter provides a mechanism for the accused to seek a mutually satisfactory disposition of their case, prioritizing speed and restitution.

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1. Scope and Applicability (Section 289)

  • Eligible Offences: Applicable to offences with a maximum punishment of seven years or less.

  • Mandatory Exclusions: Plea bargaining cannot be used for:

    • Offences punishable by death or life imprisonment.

    • Offences with imprisonment exceeding seven years.

    • Offences affecting the socio-economic condition of the country (as notified by the Central Government).

    • Offences committed against women or children.

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2. The Application Process (Section 290)

  • The 30-Day Rule: The accused must file the application within thirty days from the date the charge is framed.

  • Mandatory Affidavit: The application must be accompanied by an affidavit stating the accused is filing voluntarily and has not been previously convicted of the same offence.

  • Court Check: The Judge examines the accused in camera to satisfy the Court that the application was made voluntarily.

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3. Working Out a Disposition (Sections 291–292)

  • Police Report Cases: The Public Prosecutor, the victim, and the accused participate in working out a mutually satisfactory disposition.

  • Complaint Cases: The victim and the accused work it out together.

  • Documentation: Once reached, a report of the disposition is signed by the presiding officer and all participating parties.

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4. Sentencing and Disposal (Section 293)

If a satisfactory disposition is worked out, the Court follows this hierarchy:

  • Victim Compensation: The Court first awards compensation to the victim based on the disposition.

  • Probation: The Court hears the parties on the possibility of releasing the accused on probation or after admonition.

  • Reduced Punishment:

    • If the law provides a minimum punishment: The Court sentences the accused to half of that minimum.

    • If no minimum is provided: The Court sentences the accused to one-fourth of the punishment provided for the offence.

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5. Finality and Protections (Sections 294–300)

  • Open Court: The judgment must be pronounced in open Court.

  • Finality: The judgment is final; no appeal lies in any Court except via Special Leave Petitions (Art. 136) or Writ Petitions (Art. 226 and 227).

  • Set-off: Detention period already undergone by the accused is subtracted from the final sentence.

  • Limited Use: Statements or facts stated by the accused in the application cannot be used for any other purpose except plea bargaining.

  • Juvenile Exclusion: This procedure does not apply to any juvenile or child as defined in the Juvenile Justice Act.

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Quick Revision Tip: "The Quarter-Half Rule" In plea bargaining, if there is a minimum sentence, you get half. If there is no minimum, you get one-fourth of the provided term.

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