Section 296 BNSS: Power of Court in plea bargaining (Formerly Section 265H CrPC)

Section 296 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of Court in plea bargaining

Official Bare Act Text

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

A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Sanhita.

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 296

Section 296 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the powers of the Court in plea bargaining proceedings.

Bail & Custodial Standards: Section 296 provides that a Court shall have, for the purposes of discharging its functions under Chapter XXI, all the powers vested in respect of bail, trial of offences.
Core Legal Standard: Other matters relating to the disposal of a case in such Court under this Sanhita.

Section 296 defines the supervisory authority of the court in plea bargaining, ensuring that mutual disposition agreements are arrived at voluntarily without coercion.

Key Landmark Precedents:

Babu v. State of Kerala (2010) 9 SCC 189: The Supreme Court confirmed that the trial court retains full judicial authority to regulate the proceedings, evaluate voluntariness, grant bail, and reject unfair agreements during plea bargaining.
State of Gujarat v. Natwar Harchandji Thakor (2005) 1 GLR 709: Affirmed that the Court does not act as a mere rubber stamp for the parties' settlement, but exercises sovereign judicial oversight.

Legal Commentary:

Section 296 ensures that the trial court retains its full judicial toolkit throughout the plea bargaining stage, including the power to grant or modify bail conditions and issue summons for witness or victim attendance.