Section 300 of Bharatiya Nagarik Suraksha Sanhita, 2023: Non-application of Chapter

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 265L CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 300

Section 300 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies the non-application of plea bargaining to socio-economic offences and crimes against women or children.

  • Core Legal Standard: Section 300 reinforces the fundamental statutory exclusions of plea bargaining: Chapter XXI shall not apply to any offence affecting the socio-economic condition of the country or any offence committed against a woman or a child below the age of fourteen years.
  • Central Government: The Central Government is empowered to notify offences affecting socio-economic conditions (such as hoardings, economic sabotage, or food adulteration), which are strictly non-negotiable.
Key Landmark Precedents:
  • State of U.P. v. Chandrika (1999) 8 SCC 638: The Supreme Court emphasized that crimes against women, minors, and the economic backbone of society cannot be compromised through plea bargaining, preserving deterrence.
  • State of Gujarat v. Natwar Harchandji Thakor (2005) 1 GLR 709: Affirmed that the statutory exclusion of socio-economic and gender-based offences protects public interest and societal morality.
Legal Commentary:

Section 300 marks the outer moral boundary of consensual criminal justice in India. In practice, defense counsel must check the latest Central Government notifications to verify whether economic or corporate charges are statutorily excluded from plea bargaining.