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Criminal LawResearch ArticleOPEN ACCESSPEER REVIEWED

Plea Bargaining and Eligibility under BNSS 2023: A Critical Analysis

Volume
3
Issue
1
Pages
1–6
Published
Oct 2026
DOI
0
0
2
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Abstract

The introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a paradigm shift in Indian criminal jurisprudence, systematically replacing the Code of Criminal Procedure (CrPC), 1973. While plea bargaining was first formally introduced into Indian law via Act 2 of 2006 under Chapter XXI-A of the CrPC, its operational success remained severely constrained by procedural ambiguities and cultural resistance within the trial machinery. This paper evaluates the revamped framework of plea bargaining introduced under Chapter XXIII (Sections 289 to 300) of the BNSS, 2023. It critically analyzes the newly introduced strict statutory timelines, specifically the mandatory 30-day window for filing applications after the framing of charges, and evaluates the strict boundaries governing applicant eligibility. By examining statutory boundaries, exclusions based on the nature of offenses, constitutional intersections with Article 20(3) and Article 21, and evolving judicial approaches, this study assesses whether the BNSS framework will successfully accelerate judicial efficiency or inadvertently compromise the foundational rights of an accused.

Authors
VK
Vidhya K
Keywords
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