THE CODE OF CRIMINAL PROCEDURE,1973

LLB 301

UNIT- IV

Ms. Anugya Rani

Assistant Professor
DME Law School
a.rani@dme.ac.in
 Plea bargaining—ADR in criminal law
(added by Cr.P.C. AA 2 of 2006 w.e.f., 5-7-2006)

• Chapter XXI-A was added in Cr.P.C. on the recommendation of

154 LCR (265-A to 265-L)
• Barey v. State of U.P., 1997 (1) A.W.C. 242 by Justice Girdhar
Malviya was the first judgment of Allahabad High Court relating
to plea bargaining at appellate stage. (DOJ- 15-10-1996) An
option was given to appellants in the matters of single judge
appeals to make an application before the court by 31-12-1996
(later on extended upto 31-3-1997) on the principle and pattern of
plea-bargain to ask the courts that they may not be sent to jail and
instead their sentences may be modified by the sentence of fine
together with the period already undergone by them in jail.
• This liberty was given only in the appeals pending in the High
Court upto the year 1991, i.e., such appeals which are more than
five years old in the High Court.
• Justice Girdhar Malviya has engineered a novel device of reducing
arrears in the High Court in respect of criminal appeals.
• Plea bargaining is also known as plea agreement, plea deal,
coping a plea or plea in litigation.
• Dictionary meaning:- plea bargaining is an agreement
between prosecutor and accused whereby accused pleads
guilty to a lesser charge in exchange for a more lenient
sentence or an agreement to drop other charges.
• Plea bargaining is no where defined in Cr.P.C.
• According to Cr.P.C., plea bargaining is working out a
mutually satisfactory solution or disposition of a criminal
case which may include a provision for compensation to the
victim of crime
• The judge never participates in the plea bargain discussions.
• Plea bargain can help an accused dispose off the case more
quickly to avoid time and expenses involved in defending
the trial.
• Primary justification of PB is that courts are overcrowded.
If you do not allow PB, courts would be overburdened and
forced to shut down. PP are also overburdened. Less
workload with PP means that they can more effectively
prosecute the most serious cases.
• PB helps free up the busy schedule of courts and PP
• Plea bargaining can not be done if the offence is punishable
with death, L.I. or for an imprisonment for a term exceeding
7 years. (265-A(1)
• Plea bargaining can not be done if the offence affect the
socio-economic condition of the society. (265-A(1)
• Plea bargaining can not be done if offence is committed
against a woman or against a child below 14 years of age.
(265-A(1)
• Plea bargaining can not be done in cases of repeat
offences. (previous conviction) (265-A(1)
• Plea bargaining can not be done by juveniles or child as
defined in S. 2 (k) of Juvenile Justice (care and protection)
Act, 2000 (See section 265-L)
• Plea bargaining can be done in police challan cases as well
as cases instituted on complaint before the Magistrate.
(265-A(1)

Steps for plea bargaining

1. Filing of application for PB by the accused:-to be filed in
the court where case is pending, along with brief description
of the case. (265-B)
2. Application to be accompanied by an affidavit of accused
stating that he has filed the application voluntarily, and that
he has not been previously convicted of same offence. (265-
B)
3. Notice to all :- Court will issue notices to PP, Complainant,
and accused for their appearance for the date fixed. (265-B)
4. Examination of accused in camera:- Accused shall be
examined by the court in the absence of PP or complainant in
order to satisfy that application is made voluntarily. (265-B(4)
5. Rejection of application for PB:- If the court finds that
application for PB was made involuntarily or if accused is
found to be previously convicted for the same offence, case
will proceed in accordance with Cr.P.C. (regular trial will take
place). Application for PB will be rejected. (265-B)
6. Time for mutual satisfactory disposition:-
If the Court is satisfied that the accused has filed the
application voluntarily, time shall be granted to
PP/complainant and accused to work out a mutually
satisfactory disposition of the case which may include
payment of compensation and other expenses of the case to
the victim of crime.
7. Guidelines for mutually satisfactory disposition:-
7 (a)—Notice to be issued to PP, investigation officer, victim
and accused for participating in the meeting for working out a
mutually satisfactory disposition of the case. (in police challan
cases where charge sheet is filed u/s 173 Cr.P.C.) (265-B)
• 7 (b) Notice to be issued to the to the victim and accused (in
a case instituted on complaint) for participating in the
meeting for working out a mutually satisfactory disposition
of the case. (265-C)
• 7 (c) Duty of the court to ensure that entire proceedings are
completed voluntarily by the parties. (265-B)
• 7(d) Victims and accused can appear through their counsels
in the meeting. (265- C)

• 8. Submission of report of mutually satisfactory

disposition to the court:- on submission of disposition
report, court shall prepare a report of such disposition, which
shall be signed by the P.O. of the court, and all those who
participated in meeting.(265-D)
9. Reverting back to normal trial:- If no such mutually
satisfactory disposition is worked out, court will record such
observation and will proceed with trial in accordance with
Cr.P.C.
10. Disposal of the case :- If mutually satisfactory disposition
is worked out, court will decide the case in the following
manner:- (265-E)
10 (a) court shall award compensation to the victim as agreed
between the parties.
10 (b) court shall hear the parties on quantum of punishment
—release of accused on probation of good
conduct/admonition u/s 360 Cr.P.C. or
10 (c) If accused is not released on probation or after
admonition, and a minimum punishment is provided for the
offence, court may punish the accused with half of such
minimum punishment. Or
10 (d) If no minimum punishment is prescribed for the
offence, court may sentence the accused to one fourth of the
maximum fixed punishment for the offence.
11. Judgment in accordance with mutually satisfactory
disposition—To be signed by the P.O. and to be delivered in
open court.(265-F)
12. No appeal :- judgment delivered by the court is final, and
no appeal shall lie from it. (except SLP u/a 136 and writ u/a
226,227, COI) (265-G)
13. Setting off period of detention already undergone by the
accused in jail u/s 428 Cr.P.C. (265-I)
14. overriding effect of this chapter :- The provisions of the
chapter XXI-A shall have effect notwithstanding anything
inconsistent in Cr.P.C. The provisions of Cr.P.C. shall not
constrain the provisions of plea bargaining.(265-J)
15.Safety of accused– Use of statement of accused :-
Notwithstanding any thing contained in any other law for the
time being in force, the statement or facts stated by an
accused in the application for PB, shall not be used for any
other purpose except for P.B.(265-K)
16. Admission or confession of accused not necessary. Plea
bargaining may be done with or without confession of guilt.
17. No acquittal after PB succeeds. It will result in
conviction only.