Call Us Now

+91 9606900005 / 04

For Enquiry

legacyiasacademy@gmail.com

Plea Bargaining in India

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


November 2024
MTWTFSS
 123
45678910
11121314151617
18192021222324
252627282930 
Categories

Register For a Free Online Counselling Session Now !

Welcome Pop Up
+91