Plea bargaining

Rahul (Querist) 08 March 2009 This query is : Resolved
What is plea bargaining .what is its procedure.

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AEJAZ AHMED (Expert) 08 March 2009
Dear Rahul,

For Detail answer to your query kindly go through the following sites:

http://www.legalserviceindia.com/articles/plea_bar.htm

http://www.manupatra.com/PopUp/PopOpenArticle.aspx?ID=6245ccfa-76e9-494c-aee9-932f7f7f1e23&a=34eee9f0-907a-4ea3-ae19-0c3c69b8fa73

There is no perfect or simple definition of PLEA BARGAINING. Black's Law Dictionary defines it as follows:

"[t]he process whereby the ACCUSED and the PROSECUTOR in a criminal case work out a mutually satisfactory DISPOSITION of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi-count INDICTMENT in return for a lighter sentence than that possible for the graver charge."

Plea bargaining actually involves three areas of negotiation:

Charge Bargaining:
This is a common and widely known form of plea. It involves a negotiation of the specific charges (counts) or crimes that the DEFENDANT will face at trial. Usually, in return for a plea of "guilty" to a lesser charge, a prosecutor will dismiss the higher or other charge(s) or counts. For example, in return for dismissing charges for first-degree murder, a prosecutor may accept a "guilty" plea for MANSLAUGHTER (subject to court approval).

Sentence Bargaining:
Sentence bargaining involves the agreement to a plea of guilty (for the stated charge rather than a reduced charge) in return for a lighter sentence. It saves the prosecution the necessity of going through trial and proving its case. It provides the defendant with an opportunity for a lighter sentence.

Fact Bargaining:
The least used negotiation involves an admission to certain facts ("stipulating "to the truth and existence of provable facts, thereby eliminating the need for the prosecutor to have to prove them) in return for an agreement not to introduce certain other facts into EVIDENCE.

M. PIRAVI PERUMAL (Expert) 08 March 2009
Nice explanation.

K.C.Suresh (Expert) 09 March 2009

In addition to what Mr. Aejaz said I hope the following explanation also will enlighten Mr. Rahul. 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 Wednesday, the Union Home Ministry said in a release here. Plea bargaining was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by Parliament in the winter session. The provision is likely to bring relief to a large number of undertrials lodged in various jails of the country and help reduce the long pendency in the courts.
It is applicable only in respect of those offences for which punishment of imprisonment is upto 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 and 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. In the event of a satisfactory disposition of the case being worked out, the Court shall dispose off 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.