Source: Madras High Court  

Why in News? 

The Madras High Court's recent ruling clarifies that "offences against women," which are excluded from plea bargaining, only include gender-centric or gender-neutral crimes, not all crimes involving women.

• Justice G Jayachandran held in the matter of Mr G Venkateshan v. The State. 
• Justice G Jayachandran also recommended that trial courts inform accused individuals of their plea-bargaining rights promptly after charges are framed to ensure they can exercise this option within the 30-day period stipulated by law. 

What was the Background of Mr. G Venkateshan v. The State? 

• Mr. G. Venkateshan was accused of offenses against a Junior Bailiff named Bagyalakshmi. 
• The incident occurred on 2^nd April, 2021, when Bagyalakshmi went to serve a garnishee summons at Venkateshan's residence. 
• Mr. G. Venkateshan allegedly abused Bagyalakshmi verbally, physically assaulted her, and wrongfully restrained her in his house. 
• A case was registered against Venkateshan for offenses under sections 173, 294(b), 323, 342, 353, 427 of the Indian Penal Code,1860 and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act. 
• After investigation, a charge sheet was filed, and the case was taken up for trial. 
• Mr. G. Venkateshan initially filed a petition to quash the proceedings, which was dismissed by the High Court. 
• Subsequently, Mr. G. Venkateshan expressed his desire to apologize for his conduct and sought to pursue plea bargaining. 
• He attempted to file an application for plea bargaining before the trial court but faced difficulties in getting it accepted. 
• Mr. G. Venkateshan then approached the High Court again, raising concerns about potential bias due to the complainant being a court staff. 

What were the Court’s Observations?

• The Court explained the term "offences against women" excluded from plea bargaining should be interpreted restrictively to encompass only gender-centric or gender-neutral offences, not all general offences committed against women. 
• The Court clarified that in plea bargaining cases, the imposition of imprisonment is not mandatory, and where no minimum sentence is prescribed, the Court may impose imprisonment ranging from "till the rising of the Court" to a maximum of 1/4th of the prescribed period. 
• The Court emphasized that the plea-bargaining process should commence only upon the application of the accused, and the Court must ensure that such application is made voluntarily and with informed consent. 
• The Court recommended that trial courts should inform eligible accused persons about their right to invoke plea bargaining immediately after framing charges, to ensure timely exercise of this right. 
• The Court suggested that trial courts may seek assistance from Legal Services Authorities to facilitate the Mutually Satisfactory Disposition (MSD) process in plea bargaining cases. 
• The Court states the importance of proper implementation of plea-bargaining provisions to achieve the objectives of speedy trial, reduction of litigation costs, and allowing offenders a chance at rehabilitation. 

What is Section 290 of Bharatiya Nagarik Suraksha Sanhita, 2023( BNSS)? 

About: 

• Section 290 of BNSS deals with application for plea bargaining. Earlier it was given under Section 265B in the Code of Criminal Procedure, 1973(CrPC). 
• An accused person may file an application for plea bargaining within 30 days from the date of charge framing in the court where the trial is pending. 
• The application must include a brief description of the case and the related offence. 
• The accused must attach an affidavit stating that:  
  • a) They have voluntarily chosen plea bargaining after understanding the nature and extent of punishment for the offence.  
  • b) They have not been previously convicted of the same offence. 
• Upon receiving the application, the court must issue notice to the Public Prosecutor or complainant and the accused to appear on a fixed date. 
• On the fixed date, the court shall examine the accused on camera, without the presence of the other party, to ensure the application is voluntary. 
• If the court is satisfied that the application is voluntary: 
  •  a) It shall provide up to 60 days for the Public Prosecutor/complainant and the accused to work out a mutually satisfactory disposition. 
  • b) This disposition may include compensation and other expenses to be paid by the accused to the victim.  
  • c) The court will then set a date for further hearing. 
• If the court finds that the application is involuntary or that the accused has previously been convicted of the same offence:  
  • a) It shall proceed with the case according to regular provisions of the Sanhita.  
  • b) The case will continue from the stage where the plea-bargaining application was filed. 
• This process aims to provide a structured approach to plea bargaining, ensuring voluntary participation, protection of victims' interests, and expedited case resolution while maintaining judicial oversight. 

Legal Provision 

• Application for Plea Bargaining (Section 290 BNSS):  
  • An accused must file the application within 30 days of charge framing. 
  • The application must include a case description and an affidavit stating voluntary participation. 
  • The court issues notices to all parties and examines the accused in camera to ensure voluntariness. 
  • If voluntary, the court allows up to 60 days for working out a mutually satisfactory disposition. 
• Guidelines for Mutually Satisfactory Disposition (Section 291 BNSS):  
  • In police report cases, the court involves the prosecutor, investigating officer, accused, and victim. 
  • In non-police report cases, the court involves the accused and victim. 
  • The court must ensure the process remains voluntary throughout. 
  • Parties may participate with their advocates if desired. 
• Report of Disposition (Section 292 BNSS):  
  • The court prepares a report of the satisfactory disposition, signed by all participants. 
  • If no disposition is reached, the court records this and proceeds with the regular trial. 
• Disposal of Case (Section 293 BNSS):  
  • The court awards compensation to the victim as per the disposition. 
  • It may release the accused on probation or under relevant laws. 
  • For offenses with minimum punishment:  
    • a) The court may sentence the accused to half of the minimum punishment.  
    • b) For first-time offenders, it may be reduced to one-fourth of the minimum punishment. 
  • For other offenses:  
    • a) The court may sentence one-fourth of the prescribed punishment. 
    • b) For first-time offenders, it may reduce to one-sixth of the prescribed punishment. 
• Judgment and Finality (Sections 294-295 BNSS):  
  • The court delivers its judgment in open court, signed by the presiding officer. 
  • The judgment is final, with limited appeal options (SLP under Article 136, Writ under Articles 226 and 227). 
• Court Powers and Procedural Matters (Sections 296-297 BNSS):  
  • The court retains all powers related to bail, trial, and case disposal. 
  • Period of detention undergone is set off against the sentence imposed. 
• Savings and Non-application (Sections 298-300 BNSS):  
  • These provisions override inconsistent provisions in the BNSS. 
  • Statements made during plea bargaining cannot be used for any other purpose. 
  • These provisions do not apply to juveniles or children under the Juvenile Justice Act, 2015.