The expression “justice delayed is justice denied” is highly significant when discussing the idea of plea bargaining. Plea bargaining is a pre-trial agreement in which the prosecution and the accused agree on specific concessions from the prosecution in exchange for the accused entering a guilty plea. It’s a deal when the prosecution drops more serious charges against the defendant in exchange for a lighter plea. Not all crimes can be covered by it; for example, someone cannot claim a plea deal after committing horrible crimes or for offenses that carry a death or life sentence.
plea bargaining under crpc: About
plea bargaining sections 265a to 265l of Chapter XXIA of the Code of Criminal Procedure. The Criminal Law (Amendment) Act, 2005 included it.
Plea bargaining is only permitted in a small number of cases. They are:
- The procedure provided under Chapter XXI-A is only available to those who have been charged with a crime for which there is no death penalty, life sentence, or jail term greater than seven years. It also applies to individual complaints that have been brought under notice by a criminal court.
- Plea bargaining cannot be used to resolve matters that fall under the following categories: those involving offenses against women or children under the age of 14, or those impacting the nation’s “socio-economic conditions.”
plea bargaining crpc: Salient Features
- It applies to crimes carrying a maximum sentence of seven years in prison.
- It does not apply in situations where a woman or a child under the age of 14 is the victim of the offense.
- No appeal against the court’s order in the plea bargaining matter may be filed with any other court.
- It lowers the fee.
- It presses only one charge while dropping numerous counts.
- It offers suggestions to the courts regarding penalties or sentences. The plea-bargaining criminal code clarifies that:
The goal of the legislator in adopting the idea of plea bargaining in the context of criminal proceedings is:
- To decrease the amount of litigation that is still outstanding
- Determines the quantity of detainees awaiting trial.
- To provide recompense to the victim of the accused’s crimes.
- To shorten the time, it takes to resolve criminal cases.
plea bargaining crpc: Benefits
Benefits to the Victim:
- Speedy Justice to the Victim.
- The victim can obtain the compensation with ease, which the judge or magistrate may provide him at their discretion.
- The victim is able to avoid the drawn-out legal process.
- It requires less money and time to complete.
- The End of Doubt.
Benefits to the Accused:
- Provision for a less severe penalty.
- The accused will get one-fourth of the sentence prescribed if there is no minimum punishment.
- The accused’s release on probation or with a warning might not have an impact on his professional life.
- Under section 428 of the CrPC, the accused may be entitled to the gain of the time he has already spent in custody.
- There is nothing to appeal from the decision that is in the accused favour.
- The whole protection afforded upon the accused’s admittance is only applicable to plea bargaining.
- Requires less money and time.
- The End of Doubt.
landmark cases on plea bargaining in india
The important plea bargaining crpc case laws are as follows:
- In the case of Murlidhar Meghraj Loya v State of Maharashtra, although plea bargaining as a formal legal process is not directly addressed in this case, it does subtly bring up some aspects of negotiating and leniency expectations that are related to plea bargaining. Notably, this was the first instance when the Indian Supreme Court recognized the legitimacy of plea bargaining. Despite the fact that the Criminal Procedure Code does not include the idea of plea bargaining, the court acknowledged its potential value in some circumstances for the quick and effective resolution of criminal cases.
- In the case of the State of Uttar Pradesh v Chandrika, the Court deemed plea bargaining to be unlawful and condemned the practice. The Court held that the resolution of criminal matters could not be predicated on the idea of plea bargaining. Merit alone should be the deciding factor in these circumstances. It further stated that the accused should be sentenced in accordance with the provisions of the applicable statute or law.
Undoubtedly, plea bargaining is a contentious idea; some have embraced it, while others have given it up. Plea bargaining does expedite the resolution of cases, but it does so in violation of the constitution. But perhaps this is the only course of action available to us. The criminal court is too busy to hold trials in every case.
Although the idea of plea bargaining is voluntary in India, if the mutual agreement reached by the parties throughout the process is against the law, there is nothing that the legal rules will do. It is also crucial to remember that the investigating officer plays a significant role in trying to get to a mutually agreeable resolution. Since police abuse of suspects in custody is a widespread problem in India, the police’s role is frequently criticized.
