Only time can tell if this concept can be justified or not! In this agreement most of the time the defendant pleads for a less serious charge or punishment instead of more serious charge or punishment. The Court shall examine the accused in camera and the other party should not be present. Furthermore, according to the Code of Criminal Procedure,1973, it is the accused who plays an active role in the procedure of plea bargaining as it is a completely voluntary process. However, if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Code from the stage the application under sub-section 1 of section 265-B has been filed in such case. Considering this scenario, Indian Legal scholars and Jurists incorporated this concept in Indian Criminal Law. But there is no bargaining between the prosecutions on the one hand and the accused on the other hand. Although the traces of the origin of the concept of Plea Bargaining is in American legal history.
This document is intended to provide information only. The entire judicial system would grind to a halt otherwise. However, we may have made mistakes and we will not be responsible for any loss or damage of any kind arising because of the usage of this information. In accordance with Section 4 of the Probation of Offenders Act, 1958, when any person is found guilty of having committed an offence and the Court is of the opinion that having regard to the circumstances of the case, including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, it may direct that he be released on his entering into a bond with or without sureties for keeping peace and good behavior for a specified period. Plea-Bargaining: its advantages and disadvantages Significant feature of method of Plea-Bargaining is that it helps the Court and State to manage the case loads which shows incompetence on the part of procedural law. State of Gujarat and Anr. Impact of plea bargaining in India However, importance of economics attached with the concept of plea bargaining within India is not well understood yet.
When the parties appear, the court shall examine the accused in Camera where the other parties in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily. One such case is, State Of Gujarat v. The concept of plea bargaining in Indian even now be a confusing thing, it can only be studied by continues debate, discussions, seminars and not by saying its disadvantage. It makes recommendation to the courts about punishment or sentence. This insures that equal amount of information is available to both prosecution and defence and defence is free to resort to trial at any point of time during the negotiations. Your convincing power is one thing which makes you different.
In its Report, the Malimath Committee recommended that a system ofPlea Bargainingbe introduced in the Indian Criminal Justice System to facilitate the earlier disposal of criminal cases and to reduce the burden of the courts. This is how the long-standing disputes can be resolved and the court would also not need to face encumbrance of case files. To strengthen its case, the Malimath Committee also pointed out the success of Plea Bargaining system in U. The term Plea Bargaining can be defined as pre-trial negotiations between the accused and the prosecution where the accused pleads guilty in exchange for certain concessions by the prosecution. Procedure : As per S. Plea Bargaining is expressly authorized in statutes and in court rules.
Categories of plea bargaining Plea bargaining falls into two distinct categories depending upon the type of prosecutorial concession that is granted. The Government was hesitant to take a policy decision on the introduction of the plea bargaining in the criminal justice system due to opposition from the legal experts, judiciary etc. Compensation to the victim by the accused including the expenses incurred during the pendency of the case and releases the accused on probation of good conduct. Many a time stigmatization leads to ostracization. Plea Bargaining is the result of modern judicial thinking. It is applicable to those offences for which punishment is up to a period of 7 years.
Need to file a criminal defense lawyer in India. The provisions also mandate the court to give accused the benefit of Probation of Offenders Act where so ever it is permissible. In India, the reason behind the delay in trials is many e. Secondly, plea bargaining does not always imply that the accused will not be jailed. Introduction of Plea-Bargaining in India : The Supreme Court was very much against the concept of Plea Bargaining before its introduction. Â Historic Background The concept of plea bargaining has been a part of criminal jurisprudence in India since Vedic time like Prayaschita and in Mugal period plea bargaining is in the form of Qiusas is flourished. It has also been debated that the practice of plea bargaining could go against Article 21 of the Constitution of India.
In the case of Thippaswamy v. Plea bargaining is the result of modern judicial thinking before the introduction of plea bargaining most courts used to ignore Plea Bargaining. Judges used this bargaining to encourage confessions. Chandrika, the Supreme Court of India held that it is settled law that on the basis of Plea Bargaining court cannot dispose of the criminal cases. Hence, considering the data provided by law commission, it will be reasonable to presume that long time taken in trial is enough of a pain to resort to plea bargain.
While punishing the accused, the Court, at its discretion, can pass sentence of minimum punishment, if the law provides such minimum punishment for the offences committed by the accused or if such minimum punishment is not provided, can pass a sentence of one fourth of the punishment provided for such offence. I was highly impressed with the way they contested my case in the court and the matter got settled much more before I was expecting. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information provided thereof. These differences are significant in the sense that they help the Indian model avoid certain pitfalls that plea bargaining is identified with. They include: a nemo iudex in causa sua meaning that bias ought not to exist while carrying out justice, b audi alteram partem meaning a right to be heard, and c sound reasoning behind every decision. The twin object of plea bargaining is to reduce the delay involved in criminal trial and to punish the accused with a lesser sentence for pleading his guilt.
Plea Bargaining Pic Source: Economist A person cannot claim plea bargaining for grievous offences such as murder and homicide or offences punishable with death sentence or life imprisonment. 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. Sentence bargaining In this type of bargaining the main motive is to get a lesser sentence. He finally got an imprisonment of 99 years. In fact it is used in the American Judiciary in 19thcentury itself. We helps in pre trial negotiations between both the accused and the prosecution, we also helps in making a contract between the prosecution and the defendant and both are bound by this contract.
Luna, Bargaining in the shadow of the law-The Relationship between plea bargain and criminal code structure: Victims, Apology and Restorative justice in Criminal Procedure: Traces of libertarian theory of punishment, 91 Marq. More than 90 percent of the criminal cases in America are never tried. The member of the bar should encourage the litigant to opt for the plea bargaining rather than to treat the plea bargaining a threat to their profession. Plea bargaining allows a person to plead guilty without hiring a lawyer. The number of cases pending in the courts is shocking but at the same time, it has been normalized by people.