INTRODUCTION Of Plea Bargaining & Types Of Plea Bargaining
The famous saying ” Justice delayed is justice denied ” holds utmost significance when the concept of Plea bargaining is discussed. The number of cases pending in the courts is shocking but at the same time, it has been normalized by people. These astonishing figures are no more astonishing because people have started accepting this as their fate. The concept of plea bargaining was not there in criminal law since its inception.
Considering this scenario, Indian Legal scholars and Jurists incorporated this concept into Indian Criminal Law. As the term itself suggests that it is an agreement between the accused and the prosecutor. Many countries have accepted this concept in their Criminal Justice systems ( CJS ).
MEANING OF PLEA BARGAINING (PLEA BARGAINING & TYPES OF PLEA BARGAINING)
Plea bargaining is a pretrial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is a bargain where a defendant pleads guilty to a lesser charge and the prosecutors in return drop more serious charges. It is not available for all types of crime e.g. a person cannot claim plea bargaining after committing heinous crimes or for the crimes which are punishable with death or life imprisonment.
HISTORY OF PLEA BARGAINING AND TYPES OF PLEA BARGAINING
In the Jury System, the need for plea bargaining was not felt because there was no legal representation. Later on, in 1960 legal representation was allowed and the need for Plea Bargaining was felt. Although the traces of the origin of the concept of Plea Bargaining is in American legal history. This concept has been used since the 19th century. Judges used this bargaining to encourage confessions.
PLEA BARGAINING & TYPES OF PLEA BARGAINING IN INDIA
Plea Bargaining is not an indigenous concept of the Indian legal system. It is a part of the recent development of the Indian Criminal Justice System ( ICJS ). It was inculcated in Indian Criminal Justice System after considering the burden of long-standing cases on the Judiciary.
CODE OF CRIMINAL PROCEDURE AND PLEA BARGAINING
Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of Plea Bargaining. It was inserted into the Criminal Law ( Amendment ) Act, 2005. It allows plea bargaining for cases: Where the maximum punishment is imprisonment for 7 years; Where the offenses don’t affect the socio-economic condition of the country;
When the offenses are not committed against a woman or a child below 14 are excluded The 154th Report of the Law Commission was the first to recommend the ‘ plea bargaining ‘ in Indian Criminal Justice System. It defined Plea Bargaining as an alternative method that should be introduced to deal with huge arrears of criminal cases in Indian courts.
Plea Bargaining & Types Of Plea With Case Laws
Section – 265A
This Chapter shall apply in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or
a Magistrate has taken cognizance of an offence on the complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.
Section – 265B
A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending trial. The application under Sub-Section ( 1 ) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in a case in which he had been charged with the same offence . After receiving the application under Sub-Section ( 1 ),
the Court shall issue notice to the Public Prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case. When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on the date fixed under Sub-Section ( 3 ),
the Court shall examine the accused in-camera, whereas the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case ;
the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under Sub – Section ( 1 ).
PLEA BARGAINING & TYPES OF PLEA BARGAINING
Plea Bargaining is generally of three types namely:
-Sentence bargaining ;
-Charge bargaining ;
-Fact bargaining.
SENTENCE BARGAINING
In this type of bargaining, the main motive is to get a lesser sentence. In Sentence bargaining, the defendant agrees to plead guilty to the stated charge, and in return, he bargains for a lighter sentence. This kind of plea bargaining happens for getting less severe charges. This is the most common form of plea bargaining in criminal cases.
CHARGE BARGAINING
Here the defendant agrees to plead guilty to a lesser charge in consideration of dismissing greater charges . This is generally not used in courts because it is alleged to be against Criminal Justice System.
FACT BARGAINING
It occurs when a defendant agrees to stipulate certain facts in order to prevent other facts from being introduced into evidence.
CASE LAWS Related to Plea bargaining and types of plea bargaining
In Murlidhar Meghraj Loya vs State of Maharashtra ( AIR 1976 SC 1929 ), The Hon’ble Supreme Court criticized the concept of Plea Bargaining and said that it intrudes upon the society’s interests. In Kasambhai vs the State of Gujarat ( 1980 AIR 854 ) & Kachhia Patel Shantilal Koderlal vs State of Gujarat and Anr, the Apex court said that the Plea Bargaining is against public policy. Moreover, it regretted the fact that the magistrate accepted the plea bargaining of the accused.
Thippaswamy vs the State of Karnataka, [ 1983 ] 1 SCC 194, the Court said that inducing or leading an accused to plead guilty under a promise or assurance would be violative of Article 21 of the Constitution. In-State of Uttar Pradesh vs Chandrika 2000 Cr.L.J. 384 ( 386 ), the Apex Court disparaged the concept of plea bargaining and held this practice unconstitutional and illegal.
ARGUMENTS AGAINST PLEA BARGAINING
-Voluntarily adopted Mechanism
-Involvement of Police
-Corruption
-Independent Judicial Authority
-Not the Final Solution.
ARGUMENTS FOR PLEA BARGAINING
-Fast disposal of cases
-Less serious offenses on one’s record
-A hassle-free approach
-It avoids publicity.
CONCLUSION
The concept of plea bargaining and types of plea bargaining are not entirely new in India. India already recognized it when it got its constitution in 1950. Article 20 ( 3 ) of the Indian constitution prohibits self – incrimination. People accuse plea bargaining of violation of the said article. But with the time considering the encumbrance on the courts, the Indian court has felt the need for Plea bargaining in the Indian legal system.
When a change is brought it is hard to accept it initially but society needs to grow so is our legal system. Everything has advantages and disadvantages and both have to be analyzed to reach a sound conclusion. Rejecting something only based on its disadvantages would not be justified in any case.
