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CrPC (Plea Bargaining)
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CODE OF CRIMINAL PROCEDUREPLEA BARGAINING (Sections 265A - 265L)
Synopsis
- Plea bargaining
- Concept And Procedure
- Application
- Judicial Decisions
- Merits and Demerits
- Indian Judiciary and its approach towards plea bargaining
Meaning of Plea Bargaining
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.
History of Plea Bargaining
In the 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 traces 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.
Criminal Procedure Code and Plea Bargaining
Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of Plea Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005. It allows plea bargaining for cases:
- Where the maximum punishment is imprisonment for 7 years;
- Where the offenses don’t affect the socio-economic condition of the country;
- When the offenses are not committed against a woman or a child below 14 are excluded.
The 154th Report of the Law Commission was first to recommend 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 courts.
Then under the NDA government, a committee was constituted which was headed by the former Chief Justice of the Karnataka and Kerala High Courts, Justice V.S.Malimath to tackle the issue of escalating number of criminal cases. 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 courts. Moreover, the Malimath Committee pointed out the success of plea bargaining system in the USA to show the importance of Plea Bargaining.
Accordingly, the draft Criminal Law (Amendment) Bill, 2003 was introduced in the parliament and finally it became an enforceable Indian law from enforceable from July 5, 2006. It sought to amend the Indian Penal Code 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC) and the Indian Evidence Act, 1892 to improve upon the existing Criminal Justice System in the country, which is inundate with a plethora of criminal cases and overabundant delay in their disposal on the one hand and very low rate of conviction in cases involving serious crimes on the other.
Provision Of Plea Bargaining In Indian Legal System
The provision for plea bargaining in the Indian legal system was introduced through the Criminal Law (Amendment) Act, 2005, which amended the Code of Criminal Procedure, 1973. The provision for plea bargaining is contained in Chapter XXI-A of the Code, which was inserted by the 2005 Amendment.
Section 265-A to 265-L of the Code outline the procedure for plea bargaining in India.
These sections provide for the following:
Eligibility for plea bargaining:
Only offenses that are punishable with imprisonment up to seven years or with a fine are eligible for plea bargaining. Additionally, certain offenses such as those committed against women or children, and those under special laws like the Narcotics Drugs and Psychotropic Substances Act are not eligible for plea bargaining.
Initiation of plea bargaining:
The accused, through their counsel, may initiate the plea bargaining process by making an application to the court expressing their willingness to plead guilty to the charges in exchange for a lesser sentence.
Role of the prosecutor:
The prosecutor has a key role in the plea bargaining process, and they must agree to the terms of the plea bargain. The prosecutor will also inform the court of the terms of the plea bargain.
Procedure for plea bargaining:
The court will conduct a preliminary hearing to ensure that the accused has voluntarily and knowingly agreed to the plea bargain and that they understand the consequences of their plea. If the court is satisfied that the plea bargain has been entered into voluntarily and knowingly, it will dispose of the case in accordance with the terms of the plea bargain.
Appeal and revision:
A person who has entered into a plea bargain may not appeal against their conviction, but they may file a revision petition challenging the legality of the sentence. The prosecutor may also file a revision petition if they believe that the sentence imposed under the plea bargain is inadequate.
Plea Bargaining and Judicial Pronouncements
In Murlidhar Meghraj Loya vs State of Maharashtra (AIR 1976 SC 1929), The Hon’ble Supreme Court criticized the concept of Plea Bargaining and said that it intrudes upon the society’s interests.
In Kasambhai vs State of Gujarat (1980 AIR 854) & Kachhia Patel Shantilal Koderlal vs State of Gujarat and Anr, the Apex court said that the Plea Bargaining is against public policy. Moreover, it regretted the fact that the magistrate accepted the plea bargaining of accused. Furthermore, Hon’ble Court described this concept as a highly reprehensible practice.
The Court also held that practice of plea bargaining as illegal and unconstitutional and tends to encourage the corruption, collusion and pollute the pure fount of justice.
Thippaswamy vs State of Karnataka, [1983] 1 SCC 194, the Court said that inducing or leading an accused to plead guilty under a promise or assurance would be violative of Article 21 of the Constitution.
The Court also stated that “In such cases, the Court of appeal or revision should set aside the conviction and sentence of the accused and remand the case to the trial court so that the accused can, if he so wishes defend himself against the charge and if he is found guilty, proper sentence can be passed against him”.
In State of Uttar Pradesh vs Chandrika 2000 Cr.L.J. 384(386), the Apex Court disparaged the concept of plea bargaining and held this practice as unconstitutional and illegal. Here the Hon’ble Court was of the view that on the plea bargaining Court cannot basis of disposing of criminal cases. The case has to be decided on the merit. In furtherance of the same, court said that if the accused confesses his guilt, he must be given the appropriate sentence as required by the law.
In the State Of Gujarat vs Natwar Harchandji Thakor (2005) 1 GLR 709, the Court acknowledged the importance of plea bargaining and said that every “plea of guilty” which is construed to be a part of the statutory process in the criminal trial, should not be understood as a “plea bargaining” ipso facto. It is a matter of matter and has to be decided on a case to case basis. Considering the dynamic nature of law and society, the court said that the very object of the law is to provide an easy, cheap and expeditious justice by resolving disputes.
Types Of Plea Bargaining
There are several types of plea bargaining, which can be used to resolve criminal cases. Some of the most common types of plea bargaining include:
Charge Bargaining:
Charge bargaining involves the defendant pleading guilty to a less serious charge in exchange for a reduction in the severity of the punishment.For example, a defendant charged with murder may plead guilty to manslaughter in exchange for a lighter sentence.
Sentence Bargaining:
Sentence bargaining involves the defendant pleading guilty to the original charge in exchange for a promise of a lighter sentence.For example, a defendant charged with drug trafficking may plead guilty and receive a reduced sentence in exchange for cooperating with law enforcement.
Fact Bargaining:
Fact bargaining involves the defendant pleading guilty to certain facts or elements of the crime in exchange for the prosecutor agreeing not to introduce other facts that might aggravate the sentence.For example, a defendant charged with robbery may plead guilty to taking the victim's wallet but deny the use of force.
Count Bargaining:
Count bargaining involves the defendant pleading guilty to some of the charges against them in exchange for the dismissal of other charges.For example, a defendant charged with multiple counts of theft may plead guilty to one count and have the others dismissed in exchange for a lighter sentence.
Sentence Recommendation Bargaining:
Sentence recommendation bargaining involves the prosecution recommending a specific sentence to the judge in exchange for the defendant's guilty plea.
MERITS:
-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. It helps the attorneys to defend their clients in an easy way because both the parties possess bargaining power. This is how the long-standing disputes can be resolved and the court would also not need to face encumbrance of case files. Moreover, Plea bargaining helps the courts in preserving scarce resources for the cases that need them most.
-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. Many a time stigmatization leads to ostracization. In such scenario, Plea Bargaining allows a person to plead guilty or no contest in exchange for a reduction in the number of charges or the seriousness of the offenses. This results in recording less serious offenses on the official court records of an accused. This can be good for the accused when he is convicted in the future.
-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. There have been instances where accused spent more time in jail than the maximum punishment for which he was accused. Such instances show a grave infringement of their human rights. Plea bargaining allows a person to plead guilty without hiring a lawyer. But If they waited to go to trial, they would have to find and hire a lawyer, and in that process, they have to spend at least some time working with the lawyer to prepare for trial and pay the lawyer. 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. Famous and ordinary People who depend on their reputation in the community for their living, and those people who want to escape any unnecessary stigmatization. Although the news of the plea itself may be public yet it stays only for a short time when compared to news of a trial.
DEMERITS-
Voluntarily adopted Mechanism
As per the legal provision dealing with Plea bargaining, it is a voluntary mechanism which is only entertained when accused opts it willingly. But the law is silent on the point that in case, the settlement reached is contrary to the purpose of the legal system.
Involvement of Police
The Involvement of the police in plea bargaining also attracts criticism. As India is infamous for the custodial torture by police. In such scenario, the concept of Plea Bargaining is more likely to aggravate the situation.
Corruption
The role of victims in plea bargaining process is also not appreciated. The role of victim in this process would attract corruption which is ultimately defeating the purpose which is sought to be achieved by such action.
Independent Judicial Authority
The provisions of Plea Bargaining do not provide for an independent judicial authority to evaluate plea-bargaining applications. This is one of the glaring reasons for its criticism.The in camera examination of the accused by the court attract may lead to public cynicism and distrust for the plea-bargaining system. The failure to make confidential any order passed by the court rejecting an application could also create biases towards the accused.
Not the Final Solution
The reasons given for the introduction of plea-bargaining are the tremendous overcrowding of jails, high rates of acquittal, torture undergone by under trial prisoners etc. But the main factor behind all these reasons is a delay in the trial process. In India, the reason behind the delay in trials is many e.g. the operation of the investigative agencies as well as the judiciary, personal interest of lawyers etc. Therefore, the need of the hour is not a substitute for trial but an overhaul of the system which can be in terms of structure, composition and its work culture. All these measures would ensure reasonably fast trials.
Conclusion
In conclusion, plea bargaining is a legal process in the Indian legal system that allows an accused person to plead guilty to a lesser offense or to receive a lighter sentence in exchange for cooperating with the prosecution or admitting guilt. The provision for plea bargaining was introduced through the Criminal Law (Amendment) Act, 2005, which amended the Code of Criminal Procedure, 1973.
Plea bargaining is a voluntary process, and both the prosecution and the accused must agree to the terms of the agreement. Eligibility for plea bargaining is limited to offenses punishable with imprisonment up to seven years or with a fine. The prosecutor plays a key role in the plea bargaining process and must agree to the terms of the plea bargain.
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