When talking about the concept of plea bargaining, the phrase “justice delayed is justice denied” has a great deal of significance. In a plea bargain, the prosecution and the accused acknowledge particular concessions from the prosecution in return for the accused entering a guilty plea. This type of agreement occurs before the trial.
A plea bargaining occurs when the prosecution drops the more serious allegations against the defendant. Not all crimes fall under its purview; for instance, one cannot qualify for a plea bargain after committing heinous crimes or for offenses that are punishable by death or life in prison.
Plea Bargaining CRPC
Plea bargaining is covered in Sections 265a through 265l of Chapter XXIA of the Criminal Procedure Code. It was included in the 2005 Criminal Law (Amendment) Act.
Plea bargaining is limited to certain situations. They are as follows:
- Only individuals who have been charged with an offense for which there is no capital punishment, life sentence, or jail term longer than seven years are eligible for the process offered under Chapter XXI-A. It also extends to specific complaints that a criminal court has placed under notice.
- Plea bargaining is not applicable in cases involving crimes against women or children pursuant to the age of fourteen or cases affecting the “socio-economic conditions” of the country.
Plea Bargaining CRPC: Most Important Features
The most important features of plea bargaining CRPC are as follows:
- It does not apply when a woman or a child under the age of 14 is the victim of the offense; it only applies to crimes with a maximum sentence of seven years in prison.
- No appeal of the court’s decision in the plea agreement case may be brought before another court.
- It drops multiple counts while pressing just one charge, thereby lowering the cost.
- It provides recommendations for punishments or sentences to the courts. The Criminal Code’s plea bargaining CRPC section makes clear that
When it comes to criminal proceedings, the legislator’s intention when introducing the concept of plea bargaining is:
- In order to reduce the quantity of pending litigation
- Establishes the number of prisoners awaiting trial.
- To compensate the victim of the defendant’s offenses.
- To reduce the amount of time needed to settle criminal cases.
Making Plea Agreements: Benefits
Benefits of plea agreements to the Victims:
- During the court proceedings, the victim endured mental stress, trauma, and anxiety; however, if the defendant decides to pursue a plea bargain, the victim will also experience some alleviation from this stress.
- There are times when people would rather have their mental health restored than see the accused held accountable for his wrongdoing.
Benefits of plea agreements to the Defendants:
- The defendant entering a guilty plea undoubtedly still faces some punishment, but it is far less than what they would frequently face. This presents the opportunity for him to uphold his familial ties and meet his obligations to them.
- The defendant will experience less stigma from society as a result of the trial’s speedy conclusion, which will prevent news of the defendant’s trial from spreading widely throughout society. This is frequently done to prevent embarrassment and publicity.
Benefits of plea agreementsto the Judges:
- Accepting the charges shortens the trial and saves the judges’ time because these cases are resolved quickly.
- The backlog of cases in the courts is also decreased by using plea bargaining to quickly resolve the cases. As a result, the case pendency ratio per judge decreases, increasing their efficiency because they have more time to concentrate on other cases involving serious offenses.
Benefits of plea agreements to the Lawyers:
- Conviction rates for the prosecutor are also increased when the defendant acknowledges his guilt.
- In addition, the lawyer’s resources, which would otherwise be needed to see the case through to completion, are spared, allowing them to focus on other matters and resolve them more rapidly and effectively.
Plea bargaining is undoubtedly a divisive concept; some have accepted it, while others have rejected it. Although plea bargaining speeds up the courtroom process, it does so against the constitution. However, this might be our only option for action. There are too many cases for the criminal court to try every day.
Despite the fact that plea bargaining is optional in India, the legal regulations will be of no assistance if the agreements struck by the parties during the process are illegal. It’s also critical to keep in mind that the investigating officer is a key player in efforts to reach a mutually acceptable conclusion. The role of police is often criticized in India because it is a common issue for them to abuse suspects while they are in custody.
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