1. 33SHODH, SAMIKSHA AUR MULYANKAN
International Indexed & Refereed Research Journal, ISSN 0974-2832,(Print) E- ISSN-2320-5474, December,2013, VOL-V * ISSUE- 59
Research Paper -Law
December , 2013
Delayand heavyworkloads in the courts have resulted
intheinformalsystemofpre-trialbargainingandsettle-
ment in the western countries, especially in the united
states the system is commonly known as plea bargain-
ing .A suspect may be advised to admit part or all the
crimes charged in return for a specified punishment or
rather than await trail with the possibility of either
acquittal or a more serious punishment. Plea bargain-
ing as most criminal justice reformers believe is more
suitable , flexible and better fitted to the needs of the
society, as it might be helpful in securing admissions
in cases where it might be difficult to prove the charge
laid against the accused.
OnrecommendationofMalimathCommittee,
codeofcriminalprocedurehasbeenrecentlyamended
by adding Chapter XXIA, consisting of 12 sections.
The Central Government has notified the offences af-
fecting the socio economic condition of the country,
which have been kept out of the purview of plea bar-
gaining. Notonlywillit expeditethe disposal ofcases,
it may also result in adequate compensation for victim
of the crime, since he along with prosecutor will be in
position to bargain with the accused.
Whatispleabargaining?
Thereisnoperfectorsimpledefinitionofplea
bargaining,asthetermimpliespleabargaininginvolves
an active negotiation process where by an offender is
allowed to confess his guilt in court (if he so desires)
in exchange of a lighter punishment that would has
been given for such an offence. Plea bargaining usu-
ally occurs prior to trial but may occur any time before
a judgment is rendered.
Fromthepointofviewoftheaccused,itmeans
that he trades conviction and a lesser sentence, for a
long, expensive and tortuous process of undergoing
trial Where he may be convicted. In practice, it repre-
sents not so much of "mutual satisfaction" as perhaps
"mutual acknowledgement" of the strengths or weak-
nesses of both the charges and the defenses, against
a backdrop of crowded criminal courts and court case
dockets. Thus, it involves an active negotiation pro-
cess by which the accused offers to exchange a plea of
guilty, thereby waiving his right to trial, fro some con-
cessions in charges or for a sentence reduction.
PleaBargaining:Victim-OrientedReform
Apleabargainingisinanagreementreachedinacrimi-
nal case to finally settle it. In a case instituted on a
police report, the parties to the agreement are the ac-
cused, the investigating officer, the prosecutor and the
victim.Allofthemmustagreetosettlethecriminalcase
in which the accused pleads guilty to the offence for
which trial is pending. The agreement to settle a case
must be under the guidance and supervision of the
court.
TypesofPleaBargaining
Plea Bargaining can be divide into three types:-
* ChargeBargaining
* Sentence Bargaining
* Fact Bargaining
Each type involves implied sentence
reduction, but differs in the ways of achieving those
reductions.
The first bargaining, i.e. charge bargaining, is such
bargain in which a defendant pleads guilty to reduced
charges. It occurs when defendant pleads guilty to
necessarilyincluded offences.Second typeis sentence
which involves assurance of lighter or alternative
sentence in return for a defendant's pleading guilty. A
sentence bargain may allow the prosecutor to obtain a
conviction to the most serious charge, while assuring
the defendant of an acceptable sentence. The third
type of plea and least used negotiation is fact bargain-
ing in which 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.
When are plea bargains made?
Apleabargainmaybemadebyanaccusedwhen-
a) The report has been forwarded by the officer in
charge of police station under Section 173 Cr.P.C.
alleging therein that an offence appear to have been
committed by him other than an offence for which
punishment of death or of imprisonment of life or of
imprisonment for a term exceeding seven years has
been provided under the lawfor time being in force; or
b) AMagistrate has taken cognizance of an offence
on complaint, other than an offence for which the pun-
ishmentofdeathorofimprisonmentforatermexceed-
*AssosiateProfessor,ShreejeeBaba collegeoflaw,Mathura..
*Dr.LavanyaKaushik

2. 34 SHODH, SAMIKSHA AUR MULYANKAN
International Indexed & Refereed Research Journal, ISSN 0974-2832,(Print) E- ISSN-2320-5474, December,2013, VOL-V * ISSUE- 59
ing seven years, has been provided under the law for
the time being in force, and after examining complaint
and witnesses under Section 200, issued the process
under Section 204.
Whocanfileanapplicationforpleabargaining?
• Any accused person above the age of 18 years and
againstwhomtrialispending,canfileanapplication
for plea bargaining.
• But, there are some exceptions to this general rule.
• The offence against the accused should carry a
maximum sentence of less than 7 years.
• The offence should not have been committed bythe
accused against a women or a child below the age
of 14 years.
• The accused should not have been covered under
section2(k)ofjuvenilejustice(CareandProtection
ofChildren)Act,2000.
• The accused should nothaveearlierbeen convicted
for the same offence.
• The offence could not affect the socio- economic
condition of the country.
Whatoffencesaffectthesocio-economicconditionof
thecountry?
No plea bargaining is permitted in respect of the
following:
• DowryProhibitionAct,1961.
• The Commission of Sati PreventionAct, 1987.
• The Indecent Representation of Women (Prohibi
tion)Act,1986.
• TheImmoralTraffic(Prevention)Act,1956.
• Protection of Women from Domestic ViolenceAct,
2005.
• ProvisionsofFruitProductsOrder,1955(issuedunder
theEssentialCommoditiesAct,1955).
• The Infant Milk Substitutes, feeding Bottles and
Infants Foods ( Regulation of Production, supply
and distribution)Act, 1992.
• Provisions of Meat Food Products Order, 1973 (Is
sued under the Essential Commodities Act, 1955).
• The SC and ST (Prevention ofAtrocities)Act, 1989.
• Offences mentioned in theProtection ofCivil Rights
Act,1955.
• Offences listed in Sections 23 to 28 of the Juvenile
Justice (Care and Protection of Children)Act, 2000.
• TheArmyAct,1950.
• TheAir ForceAct, 1950.
• The NavyAct, 1957.
• The ExplosivesAct, 1884.
• " CinematographAct,1952.
• Whatbenefits doesanaccusedget toenterinto aplea
bargain?
• Getting out of jail
• Resolving the matter quickly
• HavingfewerorlessSeriousOffencesonOne'srecord
• Avoiding Hassles
• Avoiding Publicity
Position in India
Plea bargaining was introduced in India by
amendmentoftheCodeofCriminalProcedurestarting
January11,2009.Thisaffectscasesinwhichthemaxi-
mum punishment is imprisonment for seven years;
however, offences affecting the socio-economic con-
dition of the country and offenses committed against
awomenorachildbelowtheageoffourteenareexcluded.
One reason plea bargains are favored is that
it allows criminals who accept responsibility for their
actions to receive consideration for their remorse and
for not causing limited resources to be expended in
further investigating and litigating their case.
In other cases, a defendant may be culpable in one
criminalmatter,buthaveinformationthatwouldhelpin
prosecuting a broader or more significant matter. In
such a case, prosecutors may agree to reduced charges
or sentencing in the first matter, in exchange for the
defendant's co- operation in prosecuting the larger
matter.
In still other cases, prosecutors may be cer-
tain of the guilt of the defendant in a matter, but the
evidence may not be enough to convince a jury of the
defendant guilt. It is of benefit to both the prosecutor
andthedefendanttoarrangeapleabargain.Thisavoids
the chance that the defendant could be found not
guilty of serious charges. Plea bargaining also allows
prosecutors to settle cases without forcing a victim to
endure a lengthy court process or have to testify in a
jurytrial.