Plea Bargaining | Criminal Law - CLAT PG PDF Download

Plea Bargaining in India

Plea bargaining in India is governed by Sections 265A to 265L of the Criminal Procedure Code (CrPC), which were introduced through the Criminal Law (Amendment) Act, 2005. This legal provision allows for plea bargaining in specific cases with certain conditions.

Eligibility for Plea Bargaining

• Plea bargaining is applicable in cases where the maximum punishment is imprisonment for up to seven years.
• It is not applicable to offenses that significantly impact the socio-economic conditions of the country.
• Offenses committed against women or children under 14 years of age are excluded from plea bargaining.

Key Provisions of Plea Bargaining

• Plea bargaining is available to the accused charged with offenses not punishable by death, life imprisonment, or imprisonment exceeding seven years.

Section 265-B: Application for Plea Bargaining

• The accused can file an application for plea bargaining in pending trials.
• The application must include details about the case, the offense, and an affidavit from the accused stating the voluntary nature of the application.

Section 265-C: Guidelines for Mutually Satisfactory Disposition

• The court issues notices to relevant parties to participate in a meeting to work out a satisfactory disposition of the case.
• In complaint cases, notices are sent to the accused and the victim.

Section 265-D: Report of Mutually Satisfactory Disposition

• If a satisfactory disposition is reached, the court prepares a report signed by the presiding officer and participants.
• If not, the court records observations and proceeds as per the code.

Section 265-E: Disposal of the Case

• Prescribes the procedure for disposing of cases with satisfactory disposition.
• The court hears parties on punishment quantum or release on probation.
• The court can impose minimum punishment or one-fourth of the prescribed punishment.

Section 265-F: Judgment of the Court

• Discusses pronouncing judgment in terms of mutually satisfactory disposition.

Section 265-G: Finality of Judgment

• No appeal is allowed against such judgment, but Special Leave Petition or writ petition can be filed.

Section 265-H: Period of Detention Set Off Against Sentence

• Section 428 of CrPC applies for setting off the period of detention against the sentence of imprisonment imposed under this chapter.

Benefits of Plea Bargaining

• Speedy Resolution: Plea bargaining facilitates the swift resolution of cases, reducing the burden on the legal system.
• Mitigated Offense Impact: It allows individuals to record less serious offenses, potentially minimizing the long-term impact on their criminal record.
• Simplified Process: The approach is hassle-free, streamlining the legal proceedings for all parties involved.
• Privacy Preservation: Plea bargaining helps avoid public scrutiny and media attention, ensuring a more discreet legal process.