Context:
Nearly two decades after plea bargaining was introduced, its application in India remains minimal, a recent report by the Ministry of Law and Justice has revealed.
Relevance:
GS II: Polity and Governance
Plea Bargaining in India
- Plea bargaining involves a defendant agreeing to plead guilty in return for some form of concession from the prosecution, such as a reduced sentence, dropping of charges, or a lesser charge.
Objectives
- The main goal of plea bargaining is to expedite the resolution of criminal cases, conserving time, resources, and costs for both the prosecution and the defendant.
Legal Framework
- Governed by the Code of Criminal Procedure, 1973, plea bargaining was incorporated into this law in 2005.
- It’s applicable for offenses that carry a maximum punishment of up to seven years imprisonment.
- The accused must voluntarily opt for plea bargaining, fully aware of the implications.
Procedure
- Initiation: Starts with the accused submitting an application to plead guilty.
- Court’s Role: The court evaluates the application, deciding to either accept and move to negotiations, or reject based on the specifics of the case.
- Negotiation Phase: Involves discussions between the prosecutor and the defendant, leading to a potential plea agreement.
- Finalization: If an agreement is reached, the court records the guilty plea and sentences accordingly, following the terms of the agreement.
- Right to Withdraw: The accused can withdraw their plea anytime before the sentence is officially pronounced.
- Outcome Finality: Once sentenced, the outcome is final and cannot be appealed, except on grounds of manifest injustice.
Implications and Rights
- Discretionary Power of Court: The court holds the discretion to reject the plea deal if deemed unjust or contrary to justice.
- Breach of Agreement: If terms are violated, the court may annul the agreement and resume the trial.
- Irrevocability of Sentence: Post-sentencing, the plea becomes irrevocable barring claims of overt injustice.
-Source: The Hindu
