Legal Provisions: Plea Bargaining

BACKGROUND

The concept of Plea bargaining is not native to Indian Criminal Justice System. It was introduced because of the increasing burden of cases on criminal courts. Plea bargaining was for the first time recommended by 154th Report of the Law Commission. Thereafter, it was also recommended by the Malimath Committee formed under NDA Government. Keeping these recommendations Criminal Law (Amendment) Act, 2005, was passed introducing Sections 265A to 265L under Chapter- XXIA of the Code of Criminal Procedure, 1973.

MEANING

A Plea bargain is an agreement between the defence and prosecution in which a defendant pleads guilty or no contest to criminal charges. In exchange, the prosecutor drops some charges, or recommends that the Judges enters a specific sentence that is acceptable to the defence.

APPLICATION

Plea bargaining is not available to all the accused facing criminal charges, it is only available to the person accused of an offence.

PLEA BARGAINING:

Indian Judiciary has adopted a very strict approach towards plea bargaining. A crime is essentially a wrong against the society and the State. Therefore, any compromise between the accused person and the individual victim of the crime, or for that matter the State, should not absolve the accused from criminal liability. However, despite this strict approach the concept of plea bargaining is beneficial for the Indian Legal System for the obvious advantage of handling the massive criminal loads, which has afflicted the legal system for so long. With the increase in the population the number of cases has gone up and with an increase in the number of laws, litigation has also increased, and to this the inadequate infrastructure, inadequate strength of judges and supporting staff have all gone to contribute towards delays. In the present system, people spend a much longer time period in the judicial lock-up than the sentence they would have to serve in the event of a speedy trial. The right to speedy trial is not expressly guaranteed in the Constitution. Speedy trial is the essence of criminal justice and delay in trial by itself constitutes denial of justice. Keeping all these factors in consideration the concept of plea bargaining was given statutory recognition by Criminal Procedure (Amendment) Act, 2005.

Sections 265A to 265L of Chapter XXIA of the Code of Criminal Procedure deal with the cases in which plea bargaining is to be applied and various guidelines to be followed in such cases.

First of all it is important to note Section 265J which gives precedence to the provisions of this Chapter notwithstanding anything inconsistent therewith contained in the Code and nothing is to constrain the meaning of any provision of this Chapter.

Section 265K enacts the rule that the statement given by an accused under this Chapter shall not be used for any purpose other than for the purpose of this chapter.
Section 265A lays down the cases in which plea bargaining is applicable. The provisions under this chapter apply to an accused against whom :
➢ A report has been forwarded by the officer-in-charge of the police station under Section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death, or imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for time being in force
➢ A Magistrate has taken cognizance of an offence on complaint other than an offence for which the punishment of death or imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for time being in force, and after examining the complaint and witness under Section 200, issued the process under Section 204.

However, this does not apply to offenders accused of offences that affect socio-economic condition of the country, or women or children below the age of fourteen years. The offence that affect the socio-economic conditions of the country shall be determined and notified by the Government.

Application Procedure for Plea Bargaining:

Section 265B enables a person accused of the applicable offences to file petition praying for plea bargaining in the court in which the offences are pending for trial. The petition should contain a description of the case including the offences. It shall be accompanied by an affidavit sworn by the petitioner stating that he has understood the nature and extent of the punishment prescribed for the offence.

Section 265C lays down the guidelines for mutually satisfactory disposition which includes -
➢ In case instituted on a police report, notice shall be issued by the Court to the Public Prosecution, the police officer who has investigated the case, the accused and the victim to participate in the meeting.
➢ In case instituted otherwise than on police report notice shall be issued to the accused and the victim to participate in the meeting. This section also provides that the accused or the victim, if so desires, may participate in the meeting accompanied by his pleader.

Section 265D requires that on completion of the process under Section 265C, a report shall be prepared and signed by the Presiding Officer and others who participated in the meeting. If no agreement is reached the Court after recording such fact proceed further in accordance with the provisions of this Code from the stage the application for plea bargaining was filed.

Section 265E states that when the agreement is reached and the disposition signed, the court shall dispose of the case.

According to Section 265F, the court shall deliver its deliver its judgment and Section 265G makes such judgment final and except by way of special leave petitions under Article 136 and writ petition under Articles 226 and 227 of the Constitution, there shall be no appeal.
Further, Section 265-I makes the period of detention undergone by the accused to be set-off against the sentence of imprisonment.

In State Of Gujarat vs.. Natwar Harchandji Thakor, (2005), the Supreme Court in this case upheld the constitutional validity of plea bargaining. It emphasised on the value of plea bargaining and that each plea of guilt is a part of criminal process, such plea when made should be assessed on case to case basis rather than factually. The court stated that the entire purpose of the law is to give an easy, inexpensive, and quick justice by resolving conflicts, taking into account the dynamic character of law and society