Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court, on an application for plea bargaining by…

Section 290(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 265B(4) CrPC) requires the Court to examine the accused in camera, where the other party in the case is not present, to satisfy itself that the plea-bargaining application has been filed voluntarily. The application is accompanied by an affidavit, but merely obtaining that affidavit does not replace this judicial examination. Open-court examination or sworn witness testimony is not the specified safeguard. Section 290(1) also requires the application to be filed within thirty days from the date of framing of charge.