CrPC 265EBNSS 293

What changed

• Section 293 clauses (c ) and (d) make changes to require the court to show leniency towards first -time offenders who opt for plea bargaining.
• They may be sentenced to one fourth of minimum punishment instead of half and one- nineth instead of one-fourth respectively.

Drafting-ready

Under Section 293 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 265E of the Code of Criminal Procedure, 1973)...

Bare act text — BNSS 293

293. Disposal of case .—Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner, namely:— (a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused; (b) after hearing the parties under clause ( a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law; (c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment; (d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extend able for such offence and where the accused is a first -time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence.