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International Journal of
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VOL. 12, ISSUE 4 (2026)
Plea bargaining under the BNSS opportunities and limitations
Authors
Gayatri P
Abstract
Through the process of plea bargaining, an accused person can voluntarily seek to settle an eligible criminal case by acknowledging guilt and taking part in a legally monitored procedure for a mutually satisfactory disposition. In India, the mechanism was introduced into the Code of Criminal Procedure, 1973 in 2005 and is now provided under Chapter XXIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly Sections 289–300. The procedure seeks to reduce avoidable trials, support speedy justice, ease pressure on courts, and provide an opportunity for victim compensation. At the same time, it raises important concerns about voluntariness, unequal bargaining power, the risk of an innocent accused pleading guilty, limited participation by victims, and the finality of the resulting judgment.
The legal structure of plea bargaining under the BNSS, its opportunities for victims, accused individuals, and the legal system, as well as its practical and constitutional constraints, are all examined in this paper. It makes use of secondary literature found through ResearchGate and Google Scholar-focused searches, as well as doctrinal examination of laws, court rulings, and law reform reports. The study argues that plea bargaining can be useful only when it remains voluntary, informed, transparent and subject to meaningful judicial scrutiny. Greater legal aid, clear guidance for courts, improved awareness, and victim-sensitive safeguards are necessary to ensure that efficiency does not take priority over fairness.

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Pages:167-173
How to cite this article:
Gayatri P "Plea bargaining under the BNSS opportunities and limitations". International Journal of Law, Vol 12, Issue 4, 2026, Pages 167-173

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Plea bargaining under the BNSS opportunities and limitations | International Journal of Law