BNSS §289
Chapter. 1]
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265A. Application of the 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 173 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 200, issued the process under section 204, 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 below the age of fourteen years.
(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.
289.
(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, Summary trial by Magistrate of second class. Procedure for summary trials. Record in summary trials. Judgment in cases tried summarily. Language of record and judgment. 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 changedAI-inferred
Application of plea bargaining — BNSS 289 introduces strict 30-day application timeline from charge framing.
Old position
CrPC 265A is concerned with Application of the Chapter. Application of the Chapter
New position
BNSS 289 modifies the framework. Topic: Chapter. 1]. This Chapter shall apply in respect of an accused against whom
BNSS 289 modifies CrPC 265A. Application of plea bargaining — BNSS 289 introduces strict 30-day application timeline from charge framing. BNSS 289 text: 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...
Editorial deltaAI-indicated (source-linked)
BNSS 289 carries forward CrPC 265A's framework defining the application of the plea-bargaining Chapter. Sub-section (1)(a) preserves the police-report pathway and the seven-year exclusion character-identically, with the cross-reference to the police-completion-report section renumbered from CrPC s.173 to BNSS s.193. Sub-section (1)(b) preserves the cognizance-on-complaint pathway and the death-or-life-imprisonment exclusion character-identically. The operative scope of plea-bargaining eligibility - and the offences carved out from it - is not visibly altered by BNSS 289.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 265A continues to apply. For matters from that date forward, BNSS 289 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 289 (Chapter. 1]). The relationship is classified as modified — see the change-note above for the textual delta.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Bharatiya Nagarik Suraksha Sanhita, 2023 · §289
View government sourcemha.gov.in(opens the Bharatiya Nagarik Suraksha Sanhita, 2023 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Code of Criminal Procedure, 1973 · §265A
View government sourcemha.gov.in(opens the Code of Criminal Procedure, 1973 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Newlaws.in is an independent site, not a government body. The mappings and notes on this page are its own AI-assisted comparison and are not published or endorsed by any government body.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §265A → BNSS §289 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/bnss/289.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.