Section 265B of CrPC : Section 265B: Application for plea bargaining.

Explanation using Example

Example 1:

Scenario: Rajesh, a first-time offender, is accused of theft under Section 379 of the Indian Penal Code.

Application for Plea Bargaining: Rajesh files an application for plea bargaining in the Court where his case is pending. In his application, he includes a brief description of the theft incident and states that he understands the punishment for theft under the law. He also submits an affidavit declaring that he is voluntarily opting for plea bargaining and has not been previously convicted for the same offence.

Court Proceedings: The Court issues a notice to the Public Prosecutor and the complainant (the person whose property was stolen) to appear on a specified date. On that date, the Court examines Rajesh in camera (privately) to ensure that his application is voluntary. Satisfied with Rajesh's voluntary application, the Court provides time for Rajesh, the Public Prosecutor, and the complainant to negotiate a mutually satisfactory resolution. This may include Rajesh agreeing to compensate the complainant for the stolen property and covering any related expenses.

Outcome: If an agreement is reached, the Court will fix a date for further hearing and may pass an order based on the mutually agreed terms. If no agreement is reached, the case will proceed as per the usual legal process.

Example 2:

Scenario: Priya, accused of causing grievous hurt under Section 325 of the Indian Penal Code, decides to opt for plea bargaining.

Application for Plea Bargaining: Priya files an application for plea bargaining in the Court where her case is pending. Her application includes a brief description of the incident and the offence. She also submits an affidavit stating that she is voluntarily opting for plea bargaining, understands the potential punishment, and has no prior convictions for the same offence.

Court Proceedings: The Court issues a notice to the Public Prosecutor and the complainant (the injured party) to appear on a specified date. On that date, the Court examines Priya in camera to ensure her application is voluntary. Once satisfied, the Court allows time for Priya, the Public Prosecutor, and the complainant to negotiate a mutually satisfactory resolution. This may include Priya agreeing to pay for the complainant's medical expenses and other related costs.

Outcome: If an agreement is reached, the Court will fix a date for further hearing and may pass an order based on the agreed terms. If no agreement is reached, the case will continue as per the usual legal process.