Where a satisfactory disposition of the case, has been worked out under Section 265-D, 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 265-D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under Section 360 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;
Image Source: csu.edu.au
ADVERTISEMENTS:
(b) After hearing the parties under clause (a), if the
Court is of the view that Section 360 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, as the case may be;
(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;
ADVERTISEMENTS:
(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 extendable, as the case may be, for such offence. [S. 265-E]
Judgment of the Court:
The Court shall deliver its judgment in terms of Section 265-E in the open Court and the same shall be signed by the presiding officer of the Court. [S. 265-F]
ADVERTISEMENTS:
Finality of the judgment.—The judgment delivered by the Court under Section 265-G shall be final and no appeal (except the special leave petition under Article 136 and writ petition under Articles 226 and 227 of the Constitution) shall lie in any Court against such judgment. [S. 265-G].
Power of the Court in plea bargaining:
A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Code. [S. 265-H].
Period of detention undergone by the accused to be set off against the sentence of imprisonment:
The provisions of Section 428 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code. [S. 265-1],
Savings:
The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Code and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.
Explanation:
For the purposes of this Chapter, the expression “Public Prosecutor” has the meaning assigned to it under clause (u) of Section 2 and includes an Assistant Public Prosecutor appointed under Section 25. [S. 265-J].
Statements of accused not to be used.— Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under Section 265-B shall not be used for any other purpose except for the purpose of this Chapter [S. 265-K],
Non-application of the Chapter:
Nothing in this Chapter shall apply to any juvenile or child as defined in clause (k) of Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000). [S. 265-L],