PLEA BARGAINING

Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence It is common in the United States, and has been a successful method of avoiding protracted and complicated trials.

As a result, conviction rates are significantly high there, primarily involves pre-trial negotiations between the accused and the prosecutor. It may involve bargaining on the charge or in the quantum of sentence.

In India, the concept was not part of law until 2006 There has always been a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of claiming the right to a full trial, but it is not the same as plea bargaining.

The Law Commission in its 142nd Report, mooted the idea of “concessional treatment” of those who plead guilty, but was careful to underscore that it would not involve any plea bargaining or “haggling” with the prosecution. Plea bargaining was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.

Plea bargaining can be initiated only by the accused; further, the accused will have to apply to the court for invoking the benefit of bargaining. Someone who has been charge sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme under Chapter XXI-A.

It is also applicable to private complaints of which a criminal court has taken cognisance. cases that cannot be disposed of through plea bargaining are those that involve offences affecting the “socio-economic conditions” of the country, or committed against a woman or a child below the age of 14.

The applicant should approach the court with a petition and affidavit stating that it is a voluntary preference and that he has understood the nature and extent of punishment provided in law for the offence The court would then issue notice to the prosecutor and the complainant or victim, if any, for a hearing.

The voluntary nature of the application must be ascertained by the judge in an in-camera hearing at which the other side should not be present the court may permit the prosecutor, the investigating officer and the victim to hold a meeting for a “satisfactory disposition of the case.

The outcome may involve payment of compensation and other expenses to the victim by the accused.

The Justice Malimath Committee on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining. The practice would ensure speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety. It would also have a dramatic impact on conviction rates.

Case law after the introduction of plea bargaining has not developed much as the provision is possibly not used adequately Some verdicts disapprove of bargaining with offenders, and point out that lenient sentences could be considered as part of the circumstances of the case after a regular trial.

Even though plea bargaining is available to those accused of criminal offences in India for over a decade, it is not yet common.

• Some of the Questions
  • What are the major reasons for plea bargaining?
  • Is plea bargaining common?
  • What are the pros and cons of plea bargaining?
  • How does plea bargaining benefit the court system?
  • What is the process of plea bargaining?
  • What are disadvantages of plea bargaining?