Nearly two decades after plea bargaining was introduced, its application in India remains minimal, a recent report by the Union Ministry of Law and Justice has revealed.
About Plea Bargaining:
It is a process in which a defendant in a criminal case agrees to pleadguiltyin exchange for some concession from the prosecutor or the court.
The concession could be a reduced sentence, a lesser charge, dropping some charges, or any other agreement that benefits the defendant.
The aim of plea bargaining is to resolve a criminal case without going to trial, thereby saving time, resources, and expenses for both the prosecution and the defendant.
Plea Bargaining in India:
It was incorporated into the Code of Criminal Procedure (CrPC), 1973 in 2005.
It applies only to offences punishable by up to seven years of imprisonment, with further restrictions excluding cases involving crimes against women, children, or socio-economic offences.
It can take place at any stage of the criminal justice process, from the initial charge to the trial itself.
The process of plea bargaining in India is initiated by the accused by filing an application before the court expressing his willingness to plead guilty.
The court then examines the application and may allow or reject it based on the facts and circumstances of the case.
If the court allows the application, it will refer the matter to the prosecutor for further negotiations.
During the negotiation process, the prosecutor may offer a reduced sentence or some other concession in exchange for the accused's guilty plea.
The accused may accept or reject the offer, and if accepted, the court will record the plea of guilt and pronounce the sentence as per the terms of the plea-bargaining agreement.
The courthasthe discretion to accept or reject the plea-bargaining agreement if it deems it to be unjust, unreasonable, or contrary to the interest of justice.
Additionally, if the accused breaches the terms of the plea-bargaining agreement, the court may set aside the agreement and proceed with the trial.
The accused has the right to withdraw the plea at any time before the court pronounces the sentence. If the plea is withdrawn, the trial continues as if the plea-bargaining process had not occurred.
Once the sentence is pronounced, it becomes final, and the accused cannot appeal against it except on the grounds of manifest injustice.
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