(..17..)

PLEA BARGAINING

(Ss. 265A to 265L[1])

Question Bank

1. 1. State the concept and provisions as to Plea-bargaining.

Short Notes

1. Plea-bargaining.

SYNOPSIS

1. Meaning-
2. Procedure of Plea Bargaining-

1) Cases in which Plea Bargaining applies (S. 265 A)-

2) An application for Plea-bargaining(S. 265 B)-

3) Report of mutually satisfactory disposition (S. 265 d)-

4) Disposal of the case (S. 265 E)-

5) Judgment of the court (S. 265F)-

6) Power of the court (S. 265H)-

7) Period of detention undergone is to be set off (S. 265i)-

8) Statements of accused not to be used (S. 265K)-

III. Conclusion-

The Code of Criminal Procedure (Amendment) Act, 2005, has added Chapter 21 A from Sections 265A to 265L. This topic deals with ‘plea bargaining’. The amendment is made to reduce delay in the disposal of criminal trials and appeals and alleviate the sufferings of under-trial prisoners. The concept of Plea Bargaining is inserted in the Criminal Procedure Code in India, taking into consideration its success in the United States.

I. Meaning:-

Plea bargaining means “pre-trial negotiations between the prosecution and the accused wherein the accused agrees to plead guilty in exchange for certain concessions by the prosecutor.

II. Procedure of Plea Bargaining:-

1) Cases in which Plea Bargaining applies (S. 265 A):-

Plea-bargaining shall apply in respect of an accused against whom the offence alleged is not punishable with death or imprisonment for life or imprisonment for a term exceeding seven years. In other words, Plea-bargaining is available to the accused who is alleged to have committed the offence for which punishment is not more than seven years. However, Plea-bargaining does not apply in cases (i) where such offence affects the country’s socio-economic conditions.[2], and (ii) where the offence has been committed against a woman, or (iii) where the offence has been committed against a child below the age of fourteen.

2) An application for Plea-bargaining(S. 265 B):-

1. i) A person accused of an offence may file an application for Plea-bargaining along with an affidavit stating requisite details.
2. ii) After receiving the application, the court shall issue notice to the public prosecutor or the complainant (in case of private complaint) and to the accused to appear on the date fixed for the case.

iii) on the date fixed, the Court shall examine the accused on camera (where the other party in the case shall not be present).to examine that the accused has filed the application voluntarily.

1. iv) The court then gives time to them to work out a mutually satisfactory disposition of the case (which may include giving to the victim by the accused the compensation and other expenses during the case). The court then fixes the date for further hearing.
2. v) The court then holds a meeting of them all, in which the accused may be allowed to participate with his pleader (S. 265 c).

3) Report of mutually satisfactory disposition (S. 265 d):-

            Where a satisfactory disposition of the case has been worked out in a meeting, the court shall prepare a report of such disposition, which shall be signed by the presiding officer of the court and all other persons who participated in the meeting. If no such disposition has been worked out, the court shall record such observation and proceed further in accordance with the provisions of this Code.

4) Disposal of the case (S. 265 E):-

            Where a satisfactory disposition of the case has been worded out, the court shall dispose of the case in the following manner, namely:-

1. a) the court shall award the compensation to the victim as agreed and hear the parties on the quantum of the punishment, (i) releasing the accused on probation of good conduct, or (ii) after admonition (under S. 360) or (iii) for dealing with the accused under provisions of the Probation of Offenders Act, 1958 or (iv) any other law for the time being in force.
2. ii) If the court finds that the law provides a minimum punishment for the offence committed by the accused, it may sentence the accused to half of such minimum punishment.

iii) if the court finds that the offence committed by the accused is not covered under the above clauses, it may sentence the accused to one-fourth of the punishment provided or extendable.

5) Judgment of the court (S. 265F):-

            The court shall deliver its judgment in open court, and the presiding officer shall sign it.

6) Power of the court (S. 265H):-

            A court shall have (to discharge its functions under this chapter) all the powers vested regarding bail, the trial of offences, and other matters relating to the disposal of a case in such court under this Code.

7) Period of detention undergone is to be set off (S. 265 (i)):-

            The provisions of S. 428 of the Code shall apply for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this chapter.

8) Statements of accused not to be used (S. 265K):-

            The statements or facts stated by an accused in an application for Plea-bargaining shall not be used for any other purpose except for the purpose of this Code.

III. Conclusion:-

            The concept of Plea-bargaining has many advantages like-

1. i) it is effective.
2. ii) It reduces the time and cost of the criminal justice system’s operation.

iii) it provides an element of certainty for parties.

1. iv) it helps the victim economically.
2. v) it avoids stigmatizing the accused and his personal life.

            However, it has some disadvantages too-

1. i) it may increase abuse of power by prosecutors.
2. ii) accused get lenient punishment.

iii) it loses deterrence as an object of punishment, etc.

*****

[1] Inserted by the Code of Criminal Procedure (Amendment) Act, 2005.

[2] Central Government shall, by notification, determine offences affecting socio-economic conditions of the country.