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Plea bargaining

 CONCEPT OF PLEA BARGAINING

By:- Aindri Jaiswal

INTRODUCTION:-

.

Plea bargaining is a pretrial negotiation between the accused and the prosecution where

the accused agrees to plead guilty in exchange for certain concessions by the

prosecution. It is a bargain where a defendant pleads guilty to a lesser charge and the

prosecutors in return drop more serious charges. It is not available for all types of

crime e.g. a person cannot claim plea bargaining after committing heinous crimes or for

the crimes which are punishable with death or life imprisonment.

Plea Bargaining in India


Plea Bargaining is not an indigenous concept of Indian legal system. It is a part of the

recent development of Indian Criminal Justice System (ICJS). It was inculcated in

Indian Criminal Justice System after considering the burden of long-standing cases on

the Judiciary. 

Criminal Procedure Code and Plea Bargaining


Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the

concept of Plea Bargaining. It was inserted into the Criminal Law (Amendment) Act,

2005.

1. Where the maximum punishment is imprisonment for 7 years; 

2. Where the offenses don’t affect the socio-economic condition of the country; 

3. When the offenses are not committed against a woman or a child below 14 are

excluded

Types of Plea Bargaining


Plea Bargaining is generally of three types namely:-

1. Sentence bargaining;

2. Charge bargaining;

3. Fact bargaining.

Concept S. No. Type Meaning


2


2


Plea Bargaining 


1. Sentence

bargaining


In this type of

bargaining the

main motive is to

get a lesser

sentence. In

Sentence

bargaining, the

defendant agrees to

plead guilty to the

stated charge and

in return, he

bargains for a

lighter sentence.


2. Charge bargaining


This kind of plea

bargaining happens

for getting less

severe charges.

This the most

common form of

plea bargaining in

criminal cases.

Here the defendant

agrees to plead

guilty to a lesser

charge in

consideration of

dismissing greater

charges. E.g.

Pleading for

manslaughter for

dropping the

charges of murder.


3. Fact bargaining


This is generally

not used in courts

because it is alleged

to be against

Criminal Justice

System. It occurs

when a defendant

agrees to stipulate

to certain facts in

order to prevent

other facts from

being introduced

into evidence.


3


3


Arguments against Plea Bargaining in India


Voluntarily adopted Mechanism

As per the legal provision dealing with Plea bargaining, it is a voluntary mechanism

which is only entertained when accused opts it willingly. But the law is silent on the

point that in case, the settlement reached is contrary to the purpose of the legal system.

Involvement of Police

The Involvement of the police in plea bargaining also attracts criticism. As India is

infamous for the custodial torture by police. In such scenario, the concept of Plea

Bargaining is more likely to aggravate the situation. 

Corruption

The role of victims in plea bargaining process is also not appreciated. The role of victim

in this process would attract corruption which is ultimately defeating the purpose which

is sought to be achieved by such action.


Conclusion 


The concept of plea bargaining is not entirely new in India. Indian has already

recognized it when it got its constitution in 1950. Article 20(3) of Indian constitution

prohibits self-incrimination. People accuse plea bargaining of violatory of the said

article. But with the passage of time the considering the encumbrance on the courts, the

Indian court has felt the need of Plea bargaining in Indian legal system. When a change

is brought it is hard to accept it initially but society needs to grow so is our legal system.

Everything has advantages and disadvantages and both have to be analyzed in order

reach a sound conclusion. Rejecting something only on the basis of its disadvantages

would not be justified in any case. The concept of plea bargaining is evolving in India

and it is not appropriate to expect it to be perfect. It can only be improved by debate,

discussions, and discourses.

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