Title: Plea Bargaining: Concept and Effectiveness

Introduction:

One of the basis of the criminal law in India is that if someone has committed a
crime, then he should be made liable for it. Initially the Indian Criminal Law
focused on the crime punishment rather than aiding the victim. But with the
broadening of the Fundamental right jurisprudence there were certain amendments
made in Cr.P.C. by the CRIMINAL LAW (AMENDMENT) ACT, 2005, introducing
the concept of Plea Bargaining under chapter XXIA, with a view to aid the victim
for the loss suffered and at the same time expedite the justice administration system
of the country.
Plea Bargaining can be defined as pre-trial negotiations between the accused and the
prosecution during which the accused agrees to plead guilty in exchange for certain
concessions by the prosecution. Originally Plea Bargaining is an American concept.
It is an agreement as a result of negotiation between the prosecution and defense
which settles a criminal case, usually in exchange for a more lenient punishment.
Typically the defendant will plead guilty to a lesser crime or for a more fewer
charges than originally charged, in exchange for a more lenient punishment than the
defendant would get if convicted at trial. It is seen as a win-win for all the parties as
the prosecution has a certain conviction on the record, the defendant is provided a
more lenient sentence than the risk of a higher one at trial and the judge is freed to
move to other cases.
Under the Indian law, plea bargaining is applicable only in respect of lesser offences
for which the maximum punishment is imprisonment of seven years. It does not
apply to serious cases or those committed against a woman or a child below the age
of 14 years.
In this project a discussion about the concept of Plea Bargaining under the Code of
Criminal Procedure will be made, taking help of the various provisions. It is also an
objective of this project to study the scope of Plea Bargaining under Cr.P.C and
observe its requirement in the society by discussing its advantages and
disadvantages.

Aim:
1) To discuss the basic concept of Plea Bargaining and its introduction in India.
2) To discuss the scope of Plea Bargaining in Indian context.
3) To determine whether the concept of plea bargaining is effective and does it
serve any fruitful purpose.

Research Methodology:
The doctrinal method of research will be used to make the final project. To complete
the project I will be depending upon the theoretical books. Using the same I will
develop the project and try to achieve the aim of the project. Both primary and
secondary sources will be used to arrive at some useful conclusions. Primary
sources like acts and the writings of learned authors will be used. Secondary sources
such as case laws, newspaper reports and articles from various magazines will be
used to develop the project that will help to reach at some conclusion of the
problem.

Tentative Heads of the Project:

1) Introduction
2) Concept of Plea Bargaining under Cr.P.C.
3) Difference between American Model and Indian Model
4) Advantages and Disadvantages of Plea Bargaining
5) Conclusion

Contribution by the Project:

The plea bargaining as adopted in India appears to be a beneficial piece for the
accused and the victim too. But the provisions of Cr.P.C. give ample powers to the
court to punish the accused even after an amicable solution has been reached. So
even if the accused kneels down to the demands of the victim then also he may be
punished. This punishment even after the bargaining in a way results in a hurdle for
the individuals to go for plea bargaining and instead they may find turning the
witnesses hostile easier and escape the punishment in all.
So by studying the plea bargaining, the flaws in the concept as present today in plea
bargaining will be highlighted and the some suggestions will be given so that the
concept of plea bargaining is realized not in words but in spirit.
Benefit of Plea bargaining can be extended in two circumstances. One is, if a report
is forwarded by a Station House Officer of a Police Station after the completion of
investigation to the Magistrate. The other is, if the Magistrate has taken cognizance
of an offence on a complaint under S. 190 (a) followed by examination of a
complainant and witness under S. 200 or S. 202 and issuance of process under
Section 204. Thus, it means, after commencement of proceedings upon a private
complaint under S. 190 (a) of the Code. However, this principle is not applicable for
hard crimes or serious crimes, therefore, Indian Law does not provides plea-
bargaining for the offences in which offence is punishable with death or
imprisonment for life, punishable with imprisonment for a term exceeding 7 years,
committed against socio economic conditions of the country, or offence committed
against women and children below the age of 14 years.
The judgment of plea-bargaining cases are final and no appeal lies on such
judgment. However, a writ petition to the State High Court under Articles 226 and
227 of the Constitution or a Special leave petition to the Supreme Court under
Article 136 of the Constitution can be filed by the accused. This acts as a check on
illegal and unethical Bargains. The provisions of plea bargaining shall not apply to
any Juvenile or child. The court may reduce the sentence to 1/4th if the accused
pleads guilty.
The litigant should be encouraged to avail the remedy of plea-bargaining to settle
the pending cases. For the successful implementation of plea-bargaining, its
application should be necessarily understandable. With the changing world scenario
where all the countries are shifting to ADR mechanism from the traditional litigation
process which is very lengthy and time consuming, the plea-bargaining may be one
of the best recourse as an ADR mechanism to meet the challenges of disposal of
pending cases.
The very object of law is to provide easy, cheap and expeditious justice by
resolution of disputes, including the trial of criminal cases and considering the
present realistic profile of the pendency and delay in disposal in the administration
of law and justice, fundamental reforms are inevitable. There should not be anything
static. It can thus be said that it is really a measure and redressal and it shall add a
new dimension in the realm of judicial reforms.

Features:
The salient features of the provisions are
1. The plea bargaining is applicable only in the respect of those offences for which
punishment of imprisonment is upto seven years;
2. It does not apply where offences that affect the socio-economic condition of the
country or has been committed against a woman or a child blow the age of 14
years;
3. The application for plea bargaining should be filed by the accused voluntarily;
4. A person accused of an offence may file an application for plea bargaining in the
court in which such offence is pending for trial;
5. Once the court is convinced that the accused is participating in the plea bargain
voluntarily, it will allow time to both parties to reach mutually satisfactory
disposition, which may include giving to the victim by the accused, compensation
and other expenses incurred during the case.
6. Where a satisfactory disposition of the case has been worked out, the Court shall
dispose of the case by sentencing the accused to one fourth of the punishment
provided or extendable, as the case may be for such offence;
7. The statement or facts stated by an accused in an application for plea bargaining
shall not be used for any other purpose other than for plea bargaining;
8. The judgment delivered by the Court in the case of plea bargaining shall be final
and no separate appeal shall lie in any court against such judgment (except the
special leave petition under article 136 and writ petition under articles 226 and 227
of the Constitution).
If the accused is a first time offender, the court will have the option of releasing
him/her on probation. Alternatively, the court may grant half the minimum
punishment for the particular offence.

Who can file an application for plea bargaining?

Any accused person above the age of 18 years and against whom a trial is pending,
can file an application for plea bargaining.