CrPC Section 265B: Plea Bargaining Application – Code of Criminal Procedure

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CrPC Section 265B: Plea Bargaining Application

This section deals with the application for plea bargaining in criminal cases under the Code of Criminal Procedure (CrPC).

1. State the Code

Section 265B of the Code of Criminal Procedure, 1973

2. Explain the Code

Section 265B outlines the process for filing an application for plea bargaining. It states that:

  • An accused person can apply to the court for plea bargaining.
  • The application must be made in writing and must include specific details such as the offence, the plea offered, and the agreed sentence.
  • The court can accept or reject the application based on its discretion and the specific circumstances of the case.
  • If the application is accepted, the court will record the plea bargain agreement and impose the agreed sentence.

3. Illustrate the Code

Imagine a person is charged with theft. They admit guilt but wish to avoid a lengthy trial. They could file a plea bargaining application offering to plead guilty in exchange for a reduced sentence. The court, considering the circumstances, might accept this application and impose a lesser punishment.

4. Common Questions and Answers

Q: Who can apply for plea bargaining?

A: Only the accused person can apply for plea bargaining.

Q: What offenses are eligible for plea bargaining?

A: Not all offenses are eligible. Certain offenses, such as those involving serious violence or terrorism, are excluded.

Q: What are the benefits of plea bargaining?

A: It can lead to a quicker resolution of the case, avoid a lengthy and expensive trial, and potentially result in a lighter sentence.

Also Read  Section 88 CrPC: Power to Take Bond for Appearance - Code of Criminal Procedure

Q: What are the disadvantages of plea bargaining?

A: It might involve admitting guilt for a lesser offense even if the accused is innocent. It can also potentially lead to a lenient sentence for serious crimes.

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