(1) A person accused of an offence may file an application for plea bargaining
within a period of thirty days from the date of framing of charge in the Court in which such
offence is pending for trial.
(2) The application under sub-section (1) shall contain a brief description of the case
relating to which the application is filed including the offence to which the case relates and
shall be accompanied by an affidavit sworn by the accused stating therein that he has
voluntarily preferred, after understanding the nature and extent of punishment provided
under the law for the offence, the plea bargaining in his case and that he has not previously
been convicted by a Court in a similar case.
(3) After receiving the application under sub-section (1), the Court shall issue notice
to the Public Prosecutor or the complainant of the case and to the accused to appear on the
date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case and the accused
appear on the date fixed under sub-section (3), the Court shall examine the accused in
camera, where the other party in the case shall not be present, to satisfy itself that the
accused has filed the application voluntarily and where—
(a) the Court is satisfied that the application has been filed by the accused
voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or
the complainant of the case and the accused to work out a mutually satisfactory
disposition of the case which may include giving to the victim by the accused the
compensation and other expenses during the case and thereafter fix the date for
further hearing of the case;
(b) the Court finds that the application has been filed involuntarily by the
accused or he has previously been convicted by a Court in a case in which he had
been charged with the same offence, it shall proceed further in accordance with the
provisions of this Sanhita from the stage such application has been filed under
sub-section (1).
Important Links
