Question:Consider the following statements with respect to Plea Bargaining:
(1) It refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
(2) In India, the concept was not part of law till today.
Which is/are correct?
(a) 1 only
(b) 2 only
(c ) Both 1 and 2
(d ) None of these
Answer:(a)
- Context:
- Many members of the Tablighi Jamaat belonging to different countries have obtained release from court cases in India in recent days by means of plea bargaining.
- Plea Bargaining:
- Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
- Benefits:
- The practice would ensure speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety. It could also increase the conviction rates as seen in the United States where the practise is common. It may help offenders make a fresh start in life.
- Case of India:
- In India, the concept was not part of law until 2006. Plea bargaining was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
- In India, the process of plea bargaining can be initiated only by the accused; further, the accused will have to apply to the court for invoking the benefit of bargaining.
- Only someone who has been charge sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme. It is also applicable to private complaints of which a criminal court has taken cognisance.
By-Arpit Mishra
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