Plea of Bargaining

Gopal Krishna Behera (Querist) 05 December 2010 This query is : Resolved
What is Plea of Bargaining.

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yogesh (Expert) 05 December 2010
Matter sorted outside

Guest (Expert) 05 December 2010
Dear Mr Yogesh, its not the principal of matter sorted outside.

A new Chapter (Chapter XXI A) on Plea Bargaining has been inserted in the Criminal Procedure Code 1973. A notification to bring into effect the new provision has been issued and it has come into effect from 5th July, 2006. Plea Bargaining was introduced through the Criminal Law (Amendment) Act, 2005 which was passed by Parliament in the winter session of 2005. The salient features are as follows:-

The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of 7 years.
It does not apply where such offence affects the socio- economic condition of the country or has been committed against a woman or a child below the age of 14 years.The application for Plea Bargaining should be filed by the accused voluntarily.
A person accused of an offence may file an application for Plea Bargaining in the court in which such offence is pending for trial.
The complainant and the accused are given time to work out a mutually satisfactory disposition of the case, which may include giving to the victim by the accused, compensation and other expenses incurred during the case.
Where a satisfactory disposition of the case has been worked out, the Court shall dispose of the case by sentencing the accused to one-fourth of the punishment provided or extendable, as the case may be for such offence.
The statement or facts stated by an accused in an application for plea bargaining shall not be used for any other purpose other than for plea bargaining.
The judgment delivered by the Court in the case of plea-bargaining shall be final and no appeal shall lie in any court against such judgment
The Criminal Law (Amendment) Act, 2005