Plea bargaining in India resolved only 0.11% of cases in 2022, as reported by the Ministry of Law and Justice.
About Plea Bargaining:
- Plea bargaining is a legal process where the accused agrees to plead guilty to a lesser charge or to receive a reduced sentence.
- This agreement is made between the defence and the prosecution.
- Introduced in India in 2006 through amendments to the Code of Criminal Procedure (CrPC) and further detailed in Section 290 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Application:
- Only applicable to offences punishable by up to seven years of imprisonment.
- Excludes cases involving crimes against women, children, or socio-economic offences.
- Time-bound: The application must be made within 30 days from the date of framing of charges.
Process:
- The accused pleads guilty and agrees to a proposed sentence.
- The court reviews the plea, hears the prosecution’s views, and decides whether to accept or reject the plea agreement.
- If accepted, the sentence follows the terms of the agreement, if rejected, the case proceeds to trial.
Benefits:
- Aims to save time and resources by avoiding lengthy trials.
- Helps reduce the backlog of cases in Indian courts.
Criticism:
- Potential for abuse and may undermine the presumption of innocence.
- Not available for serious offences, such as those involving sexual assault, domestic violence, or offences against the State.
Ref: Source
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Frequently Asked Question:
What is plea bargaining in India?
Plea bargaining allows an accused to plead guilty to a lesser charge in exchange for a reduced sentence.
When was plea bargaining introduced in India?
Plea bargaining was introduced in India in 2006 through amendments to the Code of Criminal Procedure (CrPC).
What is the process of plea bargaining in India?
The accused pleads guilty, and the court reviews the plea and decides whether to accept or reject it.