Question

According to the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, an accused person intending to apply for 'Plea Bargaining' must do so within how many days following the formal framing of charges?

• A. 7 days
• B. 15 days
• C. 30 days
• D. 60 days

Hint:

For modern criminal procedure laws such as the BNSS, remember that plea bargaining is intended to occur at the very beginning of the trial process. Associate it with the number 15 days after framing of charges.

Answer 1

The Correct Option is B

Concept: Plea Bargaining is an alternative dispute resolution mechanism in criminal law whereby an accused voluntarily agrees to plead guilty in exchange for certain legal benefits, such as a reduced sentence or a mutually acceptable disposition of the case. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 retains and strengthens the concept of plea bargaining as a tool for reducing pendency of criminal cases and ensuring speedy justice. The philosophy behind plea bargaining is that not every criminal matter requires a full-fledged trial. In appropriate cases, where the accused is willing to accept responsibility, the law permits a negotiated settlement that benefits the accused, the victim, and the judicial system.

Step 1: Understanding the objective of Plea Bargaining.
* Plea bargaining aims to reduce the burden on criminal courts. * It helps achieve faster disposal of cases. * Victims may receive compensation and closure at an earlier stage. * The accused avoids the uncertainty and delay associated with a prolonged criminal trial.

Step 2: Time limit prescribed under BNSS.
* The BNSS prescribes a strict procedural timeline for invoking plea bargaining. * An accused who wishes to avail this remedy must submit the application within

15 days from the date on which charges are formally framed by the court. * This requirement ensures that the option is exercised at an early stage of the proceedings and is not used merely as a delaying tactic.

Step 3: Importance of the 15-day period.
* The legislature intended plea bargaining to be a prompt decision made soon after the accused becomes aware of the exact allegations. * Delayed applications may disrupt the trial process and defeat the purpose of speedy justice. * Therefore, the law provides a limited window of 15 days for making such an application.

Step 4: Eliminating the incorrect options.
* Option (A) -- 7 days is shorter than the period prescribed under the BNSS
. * Option (C) -- 30 days exceeds the statutory period.
* Option (D) -- 60 days is not contemplated under the plea bargaining provisions.
* Therefore, the legally correct answer is

15 days.

Under the BNSS, an accused must apply for plea bargaining within 15 days of the framing of charges, ensuring an early and efficient resolution of criminal proceedings.

Answer 2

Since all four options are simply different numbers of days, the reliable approach is to recall the actual timeline the BNSS fixes for a plea bargaining application and check it against each option in turn.

1. 7 days: This window is shorter than what the BNSS actually allows; fixing so short a period would leave an accused very little practical time to consider and prepare an application after charges are framed, and it does not match the period the statute prescribes.
2. 15 days: The BNSS requires an accused who wishes to apply for plea bargaining to do so within fifteen days from the date the charges are formally framed. This period is short enough to keep the process from being used as a delaying tactic, while still giving the accused a reasonable window to decide, which matches the design and the actual text of the provision.
3. 30 days: This period exceeds what the BNSS actually prescribes; allowing a full month would run counter to the objective of ensuring the plea bargaining option is exercised promptly and early in the proceedings.
4. 60 days: This period is considerably longer than the statutory window and is not contemplated anywhere in the plea bargaining provisions of the BNSS; a period this long would undercut the purpose of resolving eligible cases quickly through this mechanism.

Matching the actual statutory language to the four choices leaves only one period that fits.

The correct answer is therefore 15 days.