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Voluntariness and Judicial Supervision in Plea Bargaining under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Volume
3
Issue
1
Pages
1–7
Published
Oct 2026
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Abstract

This paper examines the twin pillars of voluntariness and judicial supervision in the plea bargaining framework of Chapter XXIII (Sections 289 to 300) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which re-enacts Chapter XXI-A of the Code of Criminal Procedure, 1973. It traces the legislative evolution of plea bargaining in India and sets out the statutory architecture, including the seven-year ceiling, the thirty-day filing rule, the mandatory affidavit, the in-camera examination of the accused, the mutually satisfactory disposition, the sentencing concessions and the finality of judgment. Drawing on Kasambhai Abdulrehmanbhai Sheikh v. State of Gujarat, State of Gujarat v. Natwarlal Himatlal Thakker and Thapparan v. State of Kerala, the paper shows that courts treat voluntariness as a substantive safeguard and not a procedural formality. It also discusses practical challenges such as social stigma, deficient legal aid and judicial hesitancy, and concludes that judicial vigilance is essential if plea bargaining is to deliver swift and equitable justice without sacrificing constitutional protections.

Authors
VK
Vidhyasri K
Government Law College, Salem
Keywords
Plea BargainingBharatiya Nagarik Suraksha SanhitaVoluntarinessJudicial SupervisionMutually Satisfactory DispositionCriminal Procedure
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