There are number of cases pending in the court but still it has been accepted by the people now. Over 3 crore cases are pending in the court which is terrible for them. When we talk about plea bargaining in India we definitely utter the famous saying “Justice delayed is Justice denied.” This concept has not been in the Indian Criminal Justice System since the start, it was introduced by various Indian legal scholars and jurists. Plea deal is basically an agreement between accused and prosecution wherein the accused agrees to plead guilty and asks for some concession in his punishment. Many Countries have accepted the concept of plea deals in their Criminal Justice System since start. Plea deal is not available in the cases of death or imprisonment for life or for heinous crimes. Plea negotiating was not necessary prior to 1960 because there was no legal representation; nevertheless, following that year, legal representation became available, and plea bargaining was introduced. This concept has not been in the Indian criminal justice system since the start.

Plea bargaining meaning.
It is the agreement between accused and the prosecutor, in which the accused pleads guilty in return of having concessions in his punishment. The word “plea” refers to request or prayer and the word “bargaining” refers to the negotiation. It was implanted in the Indian Criminal Justice System after realizing that there are numerous cases pending in the court since long.

Types of plea bargaining

  1. Charge bargain: In this, the accused agrees to plead guilty asking for the concession in the original charges. It is generally not used in the courts as it seems to be in against of the Indian Criminal Justice System.
  2. Sentence bargain: The negotiation between both accused and prosecution is there wherein the accused agrees to plead guilty in replacement of a prosecution’s guarantee to acclaim the lighter sentence. The major motive of this sentence id to have a lighter sentence.
  3. Fact bargaining: In this, the accused agrees to certain facts in order to prevent from other facts which could be used as evidence.

Plea bargaining in India
The 154th law commission recommended the introduction of plea bargaining in India. In Malimath Committee Report, Justice V.S. Malimathcome up to a proposal to deal with the growing number of cases by suggesting the concept of Plea Bargaining. Many debates were there whether Plea deal is acceptable in Indian Criminal Justice System or not. The landmark case of State of Uttar Pradesh vs. Chandrika, it was held that on the basis of mere acceptance court cannot settle the criminal case, there need to be the actual punishment for the accused. After many debates, court found it acceptable that apart from heinous crimes there can be the use of plea bargaining in India. For that matter in Criminal Procedure Code after 2005 amendment, some provisions were added. Section- 265A to 265L deals with the provisions wherein:

  • The offenses which are of heinous nature with imprisonment of death or 7 years or more cannot claim plea bargaining.
  • Where the socio-economic condition is not affected in the country, he can claim the same.
  • Where offenses are not committed against any girl or women or the children under 14 years of age, can claim the plea bargaining.

In the case of Kasambhai vs State of Gujarat & Kachhia Patel Shantilal Koderlal vs State of Gujarat and Anrthe Apex court clearly termed plea bargaining as unconstitutional and against the Criminal Justice System. Also, it creates collusion and corruption. But in the case of the State of Gujarat vs Natwar Harchandji Thakor hon’ble court acknowledged the concept of Plea Bargaining wherein it has been mentioned that it should be a case-to-case basis whether plea deal should be opted or not.

Significant features of Plea Bargaining

  1. it is available for the crimes having punishment up to 7 years.
  2. It is not available. Where the offense is against a woman or a child below the age of 14 years
  3. It is used to deduct the timing for long term standing cases.
  4. It drops out the multiple charges.
  5. It is used to cut the delay of dismissal of criminal cases.
  6. No appeal shall to any other court when there is an order of plea bargaining by a court.

Conclusion
Plea bargaining was introduced in India in 1950, when India got its constitution. The need for a plea deal was felt because of the plentiful number of cases pending in court. When there is a delay in the trial process, we see that there is a delay in serving justice as the crime is still rising. The implantation of this concept would be successful when there was effective and positive work in the system. It’s going to be extremely useful for thousands if used properly from case to case. Therefore, we can say that the concept of plea bargaining is actually a profit for our justice system, and it adds new dimensions to the system.

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