Section 299 BNSS: Statements of accused not to be used (Formerly Section 265K CrPC)

Section 299 of Bharatiya Nagarik Suraksha Sanhita, 2023: Statements of accused not to be used

Official Bare Act Text

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

Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter.

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 299

Section 299 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects the accused by prohibiting the use of statements or admissions made in plea bargaining in any other proceeding.

Statutory Relief & Application: Section 299 enacts a critical statutory shield: notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under Section 290 shall not be used for any other purpose except for the purposes of this Chapter.
Inquiry & Trial Mechanism: If negotiations fail or the Court rejects the application, no confession, admission, or statement made by the accused can be introduced as evidence in the subsequent trial.

Key Landmark Precedents:

Selvi v. State of Karnataka (2010) 7 SCC 263: The Supreme Court highlighted that statutory protections against self-incrimination safeguard fundamental rights under Article 20(3), ensuring that failed settlement disclosures cannot prejudice trial outcomes.
State of Gujarat v. Natwar Harchandji Thakor (2005) 1 GLR 709: Affirmed that the confidentiality of plea bargaining admissions is an absolute prerequisite for encouraging candid participation without fear of future entrapment.

Legal Commentary:

Section 299 eliminates the fear of self-incrimination. Defense counsel can advise clients to negotiate candidly, knowing that if the victim demands an unrealistic sum or negotiations collapse, the prosecution cannot use the Section 290 application to prove guilt in the regular trial.