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Plea Bargaining

Plea bargaining, introduced in India through the Criminal Law (Amendment) Act of 2005, allows accused individuals to plead guilty to lesser charges for lighter sentences, aiming to alleviate judicial burdens. It encompasses charge, sentence, and fact bargaining, with its application limited to specific offenses. While it offers advantages like efficiency and cost-effectiveness, it faces criticism over potential coercion, overcharging, and constitutional concerns.

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81 views2 pages

Plea Bargaining

Plea bargaining, introduced in India through the Criminal Law (Amendment) Act of 2005, allows accused individuals to plead guilty to lesser charges for lighter sentences, aiming to alleviate judicial burdens. It encompasses charge, sentence, and fact bargaining, with its application limited to specific offenses. While it offers advantages like efficiency and cost-effectiveness, it faces criticism over potential coercion, overcharging, and constitutional concerns.

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aryan
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De Facto IAS

Plea Bargaining
Plea bargaining, an established practice in has been in practice since the 19th century.
many global legal systems, made its formal The Malimath Committee's endorsement
entry into Indian jurisprudence with the further underscored this need, culminating in
Criminal Law (Amendment) Act of 2005. This the integration of Chapter XXI A into the
legal mechanism allows an accused to plead Code of Criminal Procedure in 2006.
guilty to a lesser charge in exchange for a
lighter sentence or the dismissal of other The Mechanics of Plea Bargaining
charges, based on the principle of ‘Nolo Plea bargaining in India is categorised into
Contendere’—literally meaning "I do not wish three types—charge bargaining, sentence
to contend." It's designed to alleviate the bargaining, and fact bargaining—with each
burdens of an overtaxed judiciary and serving distinct purposes:
expedite the processing of cases, but its ➢ Charge Bargaining: The defendant
application is nuanced and layered with pleads guilty to a lesser charge, avoiding
judicial and ethical considerations. more severe penalties associated with
graver charges.
Historical Context and Legal Adoption ➢ Sentence Bargaining: The accused
Historically, India shied away from plea accepts guilt for all charges in return for a
bargaining due to concerns over coerced lighter sentence.
confessions and compromised judicial ➢ Fact Bargaining: Certain facts are
integrity. However, the inefficiencies of the admitted by the defendant, relieving the
Indian criminal justice system, marked by prosecution from proving them, in
protracted trials and a low conviction rate, exchange for not introducing other facts
catalysed a reevaluation. into evidence.

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Recommendations by the Law Commission However, the scope of plea bargaining is


in its 142nd and 154th reports highlighted the explicitly confined to offences punishable with
potential benefits of plea bargaining, drawing up to seven years of imprisonment and is not
parallels with the American system where it applicable to crimes affecting socio-economic

www.defactojudiciary.in
De Facto IAS

conditions or offences against women and ❖ Victim Satisfaction: Provides closure to


children under 14. victims who might otherwise endure
lengthy legal battles.
Judicial Scrutiny and Guidelines
The legitimacy of plea bargaining was Challenges and Criticisms
affirmed by the Supreme Court in State of Despite its advantages, plea bargaining faces
Gujarat vs Natwar Harchandji Thakor criticism:
(2005), which recognized the procedure as a ❖ Risk of Coercion: There is a danger of
means to achieve swift and inexpensive accused individuals being pressured
justice. Nevertheless, the Court emphasised into admitting guilt.
that each plea must be assessed on its ❖ Potential for Overcharging: Prosecutors
merits, ensuring it aligns with legal and might levy more severe charges initially
constitutional standards. with the expectation of negotiating a
plea deal later.
Recent directives from the Supreme Court ❖ Judicial Inconsistencies: Varying
have included proposals for judicial training interpretations and applications of plea
and the involvement of the District Legal bargaining guidelines can lead to
Services Authority to counsel the accused, disparities in justice.
ensuring that plea bargaining decisions are ❖ Constitutional Concerns: Critics argue it
made with full awareness of their could infringe on the constitutional
implications. This approach seeks to prevent protection against self-incrimination
misuse and safeguard the rights of the under Article 20(3).
accused.

Advantages of Plea Bargaining


The adoption of plea bargaining in India
offers several benefits:
❖ Efficiency: It significantly cuts down trial
times, allowing courts to focus on more
complex cases.
❖ Cost-Effectiveness: Reduces the
financial burden on the justice system
and the parties involved.
❖ Leniency and Rehabilitation: Offers a
chance for rehabilitation to offenders
who acknowledge their wrongdoing,
promoting societal reintegration.

www.defactojudiciary.in

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