Civil Procedure Code (CPC)

PLEA BARGAINING IN INDIA

Law Student

Plea bargaining can be defined as pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution. 


It is also defined as to make an agreement in which the defendant pleads the guilty to a lesser charge and the prosecutors in return drops more serious charges.


Plea bargaining was introduced in India by Criminal Law (Amendment) Act, 2005, which amended the Code of Criminal Procedure and introduced a new chapter XXI (A) in the code which is enforceable from January 11, 2006. This affects cases in which the maximum punishment is imprisonment for seven years; however, offenses affecting the socio-economic condition of the country and offenses committed against a woman or a child below the age of fourteen are excluded.


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Is it specifically a pretrial barganing (trial has various stages charge stage, evidence, appeal stage,). As per criminal jurisprudence of various other countries there are provisions fro plea bargaining during investigation stage, then charge stage, trial stage, appeal stage. please remember the news caps a year back with regard to pleading guilty by a prime minister for charge of reape in Israel
 
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Thanks for the info.

Is it mainly due to the prosecution's difficulty in proving some or all charges ?

 
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