Bharatiya Nagarik Suraksha Sanhita, 2023

Section 289 BNSS: Application of Chapter XXIII on Plea Bargaining

Section 289 of the Bharatiya Nagarik Suraksha Sanhita, 2023 determines the cases in which Chapter XXIII on plea bargaining can be used. It is an eligibility provision: before an accused can proceed with an application for plea bargaining under Section 290, the case must first fall within Section 289.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government brought its provisions into force from 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 289 BNSS

289. Application of Chapter.

(1) This Chapter shall apply in respect of an accused against whom -

(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

What Section 289 means

Section 289 identifies the criminal cases that may enter the plea bargaining procedure under Chapter XXIII. The provision covers both police-report cases and complaint cases, but only where the statutory conditions are satisfied.

Police-report cases: The police report must have been forwarded under Section 193 BNSS and must allege an offence that is not punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years.
Complaint cases: The Magistrate must have taken cognizance on a complaint, examined the complainant and witnesses under Section 223, and issued process under Section 227.
Serious offences are excluded: Plea bargaining under this Chapter is unavailable where the offence carries death, life imprisonment, or imprisonment exceeding seven years.
Special exclusions apply: The Chapter does not apply where the offence affects the socio-economic condition of the country or has been committed against a woman or a child.
Central Government notification: Under Section 289(2), the Central Government determines by notification which offences are treated as affecting the socio-economic condition of the country.

Relevant provisions referred to in Section 289

Section 193 BNSS - Report of police officer on completion of investigation: This is the provision under which the police forward their report after completion of investigation. Section 289(1)(a) uses that report as one of the gateways for determining whether the plea bargaining Chapter can apply.
Section 223 BNSS - Examination of complainant: In a complaint case, Section 289(1)(b) requires the procedural stage at which the complainant and witnesses have been examined under Section 223.
Section 227 BNSS - Issue of process: Section 289(1)(b) further requires that the Magistrate has issued process under Section 227 before the case can satisfy this limb of the provision.
Section 290 BNSS - Application for plea bargaining: Once Section 289 applies, Section 290 governs the accused person's application for plea bargaining and the next procedural stage.

Eligibility at a glance

Requirement	Section 289 position
Police case	Police report forwarded under Section 193
Complaint case	Magistrate has taken cognizance, examined complainant and witnesses under Section 223, and issued process under Section 227
Maximum punishment	Must not be death, life imprisonment, or imprisonment exceeding seven years
Socio-economic offences	Excluded where covered by the Central Government notification contemplated by Section 289(2)
Offence against a woman or child	Excluded from Chapter XXIII plea bargaining

Why Section 289 is important

Plea bargaining is not automatically available merely because an accused wishes to resolve a criminal case by admitting guilt. Section 289 first limits the class of cases in which the statutory procedure can be invoked. The nature of the offence, the maximum punishment and the manner in which the case reached the Court must therefore be checked before proceeding under Section 290.

In short: Section 289 is the threshold provision for plea bargaining under the BNSS. It permits the Chapter to operate in specified police-report and complaint cases involving offences within the statutory punishment limit, but keeps the Chapter unavailable for the excluded categories stated in the section.

Official sources

For the authoritative statutory text, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs also provides the official Judicial Division page for the new criminal laws.

The commencement notification dated 23 February 2024 is available from the Ministry of Home Affairs.