TOPIC 1:-

PLEA BARGAINING
ZISHAN SHARIF
Plea bargaining 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 prosecutors in return drop
more serious charges. It is not available for all types of crime e.g. a person cannot claim plea
bargaining after committing heinous crimes or for the crimes which are punishable with death
or life imprisonment.
TYPES OF PLEA BARGAINING

SENTENCE CHARGE
01 BARGAINING 02 BARGAINING

FACT
03 BARGAINING
 Concept S. No. Type Meaning

In this type of bargaining the main motive is to get a lesser sentence. In Sentence
1 Sentence bargaining bargaining, the defendant agrees to plead guilty to the stated charge and in return, he
bargains for a lighter sentence.

This kind of plea bargaining happens for getting less severe charges. This the most
common form of plea bargaining in criminal cases. Here the defendant agrees to plead
2 Charge bargaining
guilty to a lesser charge in consideration of dismissing greater charges. E.g. Pleading
Plea Bargaining
for manslaughter for dropping the charges of murder.

This is generally not used in courts because it is alleged to be against Criminal Justice
3 Fact bargaining System. It occurs when a defendant agrees to stipulate to certain facts in order to
prevent other facts from being introduced into evidence.
 Advantages for Plea Bargaining in
India

Fast disposal of cases:- The plea bargaining is beneficial for both the prosecution and the defense because there is no risk
of complete loss at trial.

Less serious offenses on one’s record:- In a country like India, society plays a vital role. Once a person is stigmatized by
society it becomes very difficult for that person to survive.

A hassle-free approach:- Indian is known for its long-standing case. Many cases proceedings go for 8-10 year thereby both
the parties suffer. The concept of plea bargaining safeguards the interest of such persons by avoiding the hassles that they
face when the case remains pending.

It avoids publicity:- Moreover, Plea Bargaining is also a good mechanism to avoid publicity because the longer the case goes
the more publicity the accuses gets. Therefore plea bargaining avoids such publicity by a fast settlement of the case.
TOPIC 2:-
VICTIM
COMPENSATION
ZISHAN SHARIF
 Laws governing
compensation of victims
Who is a victim of crime of crime in India
Any person, group, or entity who have suffered harm, injury or loss due
to il-legal activities of others. The harm may be economical, mental, or
physical. Thus any person who has suffered harm because of violation of
criminal law is a victim.
The provisions relating to
compensation to victims of
crime are contained in
How can the compensation be sought sections 357, 357(1), 357 (2),
The compensation has to be ordered by the court. Compensation can be 357 (3), 357A, 358, 359 and 250
sought through the procedure established by the court. Compensation is of the Code of Criminal
awarded for material as well as non-material damages. Material Procedure, 1973.
damages include medical expenses, loss of livelihood, etc. Non-material
damages include pain, suffering, mental trauma, etc. In criminal cases, Constitution of India also
the victims can directly apply for the compensation, and it is the duty of provides for certain
the lawyer representing the victim to demand such compensation. safeguards to the victim of
crime. Article 14 and 21 of the
Constitution supports the
argument
 CASE LAW
● Case law: Rudal Sah v State of Bihar (AIR 1983) is the most
celebrated case where the Hon'ble S.C. directed the state to pay
compensation of Rs 35,000 to Rudal Sah who was kept in jail for
14 years even after his acquittal on the ground of insanity and
held that it is violation of Article 21
 
WHERE CONVICTION AND FINE IS PART OF THE SENTENCE
When an accused is proven guilty, and the court passes an order which contains a fine of any denomination, the
court can order such fine or any part of it to be paid to the victim of crime. The fine imposed is utilised to
compensate the victim of fine in the following ways.
#1 Compensating for the expenses incurred during litigation (357 1 a)
#2 Compensation for loss or injury to be recovered by the civil court
#3 Compensation in case of death
#4 Compensation of victim of crime in offences like theft, cheating, criminal breach of trust, etc

QUANTUM OF COMPENSATION UNDER THE SCHEME

It is the court which orders that the victim who suffered loss needs to get compensated. Under the scheme, whenever
a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal
Service Authority, as the case may be, decides the quantum of compensation to be awarded.
TOPIC 3:-
RESTORATIVE
JUSTICE
ZISHAN SHARIF
 Restorative justice is a set of principles and practices that
create a different approach to dealing with crime and its
impacts. Restorative justice practices work to address the
dehumanization frequently experienced by people in the
traditional criminal justice system. Instead of viewing a
criminal act as simply a violation of a rule or statute,
restorative justice sees this action as a violation of people
and relationships.

 Restorative justice seeks to examine the harmful impact of a

crime and then determines what can be done to repair that
harm while holding the person who caused it accountable for
his or her actions. Accountability for the offender means
accepting responsibility and acting to repair the harm done.
Additionally, restorative justice seeks to include those most
directly affected by a crime in the justice process, namely
victims and survivors.
 RESTORATIVE JUSTICE
PRINCIPLES

 1.Crime is a violation of people and relationships. Crime hurts individual victims, communities, and offenders and
creates obligations to put things right. Restoration means repairing the harm done and rebuilding relationships in the
community.
 2.Victims and the community are central to the justice process. All parties should be a part of the response to a crime—
victim (if he or she chooses to be involved), community, and the offender.
 3.A primary focus of a justice process is to assist victims and address needs. The victim’s perspective is key to
determining how to repair the harm resulting from the crime.
 4.The secondary focus is restoring the community to the degree possible. The offender has a personal responsibility to
victims and to the community for wrongs committed. Parties involved in the restorative justice process share
responsibility for repairing harm through partnerships for action. The community has a responsibility for the well-being
of all its members, including both victims and offenders.
 5.All human beings have dignity and worth. Victim and offender are both able to move forward with respect, and dignity,
and are re-integrated into the broader community as much as possible .
THANK YOU