CONCEPT OF PLEA BARGAINING

BY RAKESH KUMAR BAROI

LLM 2ND YEAR
 INTRIDUCTION
 The famous saying “ justice delayed is
justice denied” holds utmost significance
when the concept of plea bargaining
discussed . the number of case pending in the
courts is shocking but at the same time, it has
been normalized by people . these astonishing
figures are no more astonishing because
people have started accepting this as their
fate.
 MEANING OF PLEA BARGAINING
 Pleabargaining is a pretrial negotiation between the accused and
the prosecution where the accused “agrees to plead guilty in
exchange for certain concessions by the prosecution” .
 It is a bargain where a defendant pleads guilty to a lesser charge
and the prosecution in return drop more serious charge .
 It is not available for all types of crime . e.g. a person cannot
claim plea bargaining after committing heinous crime or for the
crime which are punishable with death or life
imprisonment…………..
 HISTORY OF PLEA BARGAINING
 inthe jury system , the need for plea bargaining was not felt because
there was no legal representation . later on, in 1960 legal
representation was allowed and the need for plea bargaining was felt.
 although the trace of the origin of the concept of plea bargaining is in
“american” legal history .
 this concept has been used since the 19th century . judges used this
bargaining to encourage confessions.
 
it is applicable on respect of those offences for
SILENT which punishment is up to a period of 7 years.
FEATURES OF it does not apply to case where offence is
PLEA committed against a woman and child below
BARGAINING the age of 14 years .
when court passes an order in the case of plea
bargaining no appeal shall lie to any court
against that order
it reduces the charge .
it makes recommendation to the court about
punishment or sentence.
 TYPES OF PLEA
BARGAINING
 there are three main types of
plea bargaining

charge bargain
sentence bargain
 fact bargain
 OBJECT OF PLEA BARGAINING
 byintroducing the concept of plea bargaining in the criminal
procedure the object of the legislature is;
 to reduce the pending litigation
to decrees the number of under trail prisoners .
 to make provision of compensation to the victim of crimes by
the accused.
 to cut delay the disposal of criminal cases.
  plea bargaining is not an indigenous concept of india
PLEA legal system . it is part of the recent development of
BARGAINING indian criminal justice system (icjs).
UNDER  section 265(a) to 265(l), chapter xxia of the criminal
CRIMINAL procedure code deals with the concept of plea
PROCEDURE bargaining. it was inserted into “{the criminal law
CODE IN INDIA (amendment) act, 2005 . it allows plea bargaining for
case
 where the maximum punishment is
imprisonment for 7 years .
where the offences don’t affect the socio-
economic condition of the country;
when the offences are not committed against a
woman or a child below 14 are excluded.
 CONT……

 the154th report of the law commission was the first to recommendation the
‘plea bargaining’ in indian criminal justice system .
 it defined plea bargaining as an alternative method which should be introduced
to deal with huge arrears of criminal cases in indian court .
 the “malimath committee recommended for the plea bargaining system in
India. the committee said that it would facilitate the expedite disposal of
criminal cases and reduce the burden of the court .
 according, the draft criminal law (amendment) bill, 2003 was introduced in the
parliament .
 CONT…..

 finally it became an enforceable indian law from enforceable from “

july 5, 2006.
 the criminal law (amendment) bill, 2003 focused on plea bargaining
in the criminal justice system;
 finally, it introduced in cr.pc chapter xxia section 265(a) to section
265(l) and brought the concept of plea bargaining in india .
 PROVISION  section 265-(a) [application of chapter]
RELATED TO section 265-(b) [application for plea
PLEA bargaining ]
BARGAINING
 section 265-(c) [ guidelines for mutually
UNDER CRIMINAL
PROCEDURE satisfactory disposition]
CODE 1973.  section 265-(d) [report of the mutually
satisfactory disposition]
 section 265-(e) [ disposal of the case]
 section 265-(f) [ judgment of the court]
 section 265-(g) [finality of judgment]
 CONT….

 section 265-(h) [ power of the court in plea bargaining ]

 section 265- (i) [period of detention undergone by the accused to be
set off against the sentence of imprisonment]
 section 265- (j) [ savings]
section 265-(k) [ statement of the accused to be used]
 section 265-(l) [non- application of the chapter].
PLEA BARGAINING AND
JUDICIAL
PRONOUNCEMENT
IN A LANDMARK JUDGMENT OF SUPREME COURT OF
UNITED STATE OF AMERICA.
• “BORDENKIRCHER Vs. HAYES in this
case court held that , the constitutional
rational for plea bargaining is that no
element of punishment or retaliation so
long as the accused is free to accept or
reject the prosecution offer’
Indian cases
• In murlidhar meghraj loya v. state of
Maharashtra {air 1976 sc 1929}
• The hon’ble supreme court held
criticized the concept of plea bargaining
and said that it intrudes upon the
society's interest.
 CONT…..

• IN KASAMBHAI V.STATE OF GUJURAT {1980 AIR 854}

• the sc held that practice of plea bargaining as a illegal and
unconstitutional and tends to encourage the corruption , collusion and
pollute the pure fount of justice.
• IN THIPASWAMY V. STATE OF KARNATAKA {1983}1SCC194
• the sc said that inducing or leading an accused to plead guilty under a
promise or assurance would be violative of article 21 of the constitution.
 CONCLUSION
• the concept of plea bargaining is not entirely new in india. india has already
recognized it when it got its constitution in 1950.
• article 20[3] of indian constitution prohibits self-incrimination people accused
plea bargaining of violation of the said article. but with the passage of time the
considering the encumbrance on the courts, the indian court has felt the need of
plea bargaining in indian legal system. when a changes is brought it is hard to
accept it initially but society needs to grow our legal system.
• everything has a advantage and disadvantage and both have to be analysed in
order reach a sound conclusion. rejecting something only on the basis of its
disadvantage would not be justified in any case, the concept of plea bargaining is
evolving in india and it is not appropriate to except it to be perfect. it can only be
improved by debate, discussion and discourses.
THANK YOU …