Section 289 BNSS: Application of Chapter (Formerly Section 265A CrPC)

Section 289 of Bharatiya Nagarik Suraksha Sanhita, 2023: Application of Chapter

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) This Chapter shall apply in respect of an accused against whom—

(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Complaint Sec 2(1)(d) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 289

Section 289 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the statutory scope and eligibility thresholds for the application of Plea Bargaining.

Penal Consequences & Liability: Section 289 provides that Chapter XXI on Plea Bargaining applies to an accused against whom a police report has been forwarded under Section 193 or a Magistrate has taken cognizance on a private complaint, where the offence is punishable with imprisonment for a term of seven years or less.
Sub-Section (1) Provision: Sub-section (1) establishes strict statutory bars: plea bargaining is completely unavailable if the offence affects the socio-economic condition of the country, or has been committed against a woman, or against a child below the age of fourteen years.

Key Landmark Precedents:

State of Gujarat v. Natwar Harchandji Thakor (2005) 1 GLR 709: The Supreme Court recognized that statutory plea bargaining introduces restorative and consensual criminal justice, strictly confined to non-heinous offences not affecting vulnerable segments of society.
State of U.P. v. Chandrika (1999) 8 SCC 638: Affirmed that informal or extra-statutory plea bargaining outside the strict framework of Chapter XXI is illegal and violates the rule of law.

Legal Commentary:

Section 289 strictly bounds the statutory eligibility for plea bargaining. Defense practitioners must verify that the alleged offence does not carry more than seven years imprisonment and is not included in the Central Government's notified list of socio-economic offences before advising an accused to apply.