Plea Bargaining is a legal process in criminal law where the accused agrees to plead guilty in exchange for a lesser punishment or a reduction in charges. Introduced in India by the Criminal Law (Amendment) Act, 2005, it aims to ensure speedy disposal of criminal cases, reduce court backlog, and deliver justice efficiently without a full-fledged trial.
What is Plea Bargaining?
- Plea Bargaining is a pre-trial negotiation between the accused and the prosecution.
- The accused voluntarily admits guilt to a lesser offence or seeks leniency in sentencing.
- It is not available for all offences and is subject to certain legal conditions.
Legal Provision: Section 265A to 265L of CrPC
- The concept is codified under Chapter XXIA of the Code of Criminal Procedure, 1973.
- Introduced through the Criminal Law (Amendment) Act, 2005, and effective from July 5, 2006.
- Applicable only in cases where punishment is up to 7 years of imprisonment and not applicable for socio-economic offences or crimes against women and children.
Types of Plea Bargaining
1. Charge Bargaining
- Accused pleads guilty to a lesser charge in exchange for dropping serious charges.
2. Sentence Bargaining
- Accused pleads guilty in return for a lighter or reduced sentence.
3. Fact Bargaining
- Negotiation on which facts will be presented before the court (rare in Indian context).
Eligibility Conditions for Plea Bargaining
- The offence must be punishable with imprisonment of less than 7 years.
- The offence should not affect the socio-economic condition of the country.
- The case must not involve offences against women or children below 14 years.
- The application for plea bargaining must be voluntary and in writing by the accused.
Procedure of Plea Bargaining (CrPC Sections 265B to 265F)
- The accused files an application before the trial court.
- Court issues notice to the Public Prosecutor/complainant and fixes a date.
- Court ensures the application is voluntary and not influenced by coercion.
- If satisfied, a mutually satisfactory disposition is worked out.
- Judicial Magistrate delivers judgment as per the agreement.
- No appeal lies against the judgment passed under plea bargaining.
Benefits of Plea Bargaining
- Reduces case pendency and judicial burden.
- Helps in quick resolution and delivery of justice.
- Provides the accused a chance at reform by avoiding lengthy sentences.
- Reduces investigation and trial costs.
- Beneficial for victims, who may receive compensation or closure.
Criticisms of Plea Bargaining
- May result in coerced admissions of guilt, especially by underprivileged accused.
- Could lead to miscarriage of justice if used improperly.
- May undermine the victim’s rights in serious cases.
- Moral and ethical concerns over negotiated justice.
- Often seen as compromising the principles of a fair trial.
Landmark Case Laws
State of Gujarat v. Natwar Harchandji Thakor (2005)
- Recognized that settlement in criminal matters (except heinous offences) could be beneficial.
- Laid down that plea bargaining encourages speedy trial and reduced burden on the system.