Plea bargaining is a process of negotiation between the accused and the prosecution in which the accused agrees to plead guilty to a lesser charge or to a reduced sentence in exchange for a more lenient punishment or some other benefit. In India, plea bargaining is governed by the Code of Criminal Procedure, 1973, and the Plea Bargaining Rules, 2017.

Under the Indian legal system, plea bargaining is available for offenses that are punishable with imprisonment for a term of seven years or less. The accused person must voluntarily opt for plea bargaining, and the court must be satisfied that the plea has been made voluntarily and with full knowledge of its consequences.

The process of plea bargaining in India is initiated by the accused by filing an application before the court expressing his willingness to plead guilty. The court will then examine the application and may allow or reject it based on the facts and circumstances of the case. If the court allows the application, it will refer the matter to the prosecutor for further negotiations.

During the negotiation process, the prosecutor may offer a reduced sentence or some other concession in exchange for the accused's guilty plea. The accused may accept or reject the offer, and if accepted, the court will record the plea of guilt and pronounce the sentence as per the terms of the plea bargaining agreement.

It is important to note that the court has the discretion to accept or reject the plea bargaining agreement if it deems it to be unjust, unreasonable, or contrary to the interest of justice. Additionally, if the accused breaches the terms of the plea bargaining agreement, the court may set aside the agreement and proceed with the trial.

Meaning Of Plea Bargaining

Plea bargaining is a process in which a defendant in a criminal case agrees to plead guilty to a lesser charge or to a reduced sentence in exchange for some concession from the prosecutor or the court. The concession could be a reduced sentence, a lesser charge, dropping some charges, or any other agreement that benefits the defendant.

The aim of plea bargaining is to resolve a criminal case without going to trial, thereby saving time, resources, and expenses for both the prosecution and the defendant. Plea bargaining is also seen as a way to ensure that the defendant receives a fair and appropriate sentence for their offense, while avoiding the risks and uncertainties of a trial.

Plea bargaining can take place at any stage of the criminal justice process, from the initial charge to the trial itself. It is a voluntary process, and both the prosecutor and the defendant must agree to the terms of the plea bargain.

Plea bargaining is a controversial issue, with some arguing that it undermines the integrity of the justice system by allowing guilty defendants to receive reduced sentences, while others argue that it is a necessary tool to ensure that the criminal justice system functions effectively and efficiently.

Here are some examples of plea bargaining:

• Dismissal of charges:
  A defendant may agree to plead guilty to a lesser charge or to a reduced sentence in exchange for the dismissal of some of the charges against them. For example, a defendant charged with multiple counts of robbery may plead guilty to one count and have the others dismissed in exchange for a reduced sentence.
   
• Recommendation for a specific sentence:
  The prosecution may recommend a specific sentence in exchange for a guilty plea. For example, a defendant charged with embezzlement may plead guilty and receive a sentence of probation in exchange for full restitution.
   
• Reduction of charges:
  A defendant may agree to plead guilty to a lesser charge than the original charge in exchange for a more lenient sentence. For example, a defendant charged with murder may plead guilty to manslaughter in exchange for a reduced sentence.

History Of Plea Bargaining

The history of plea bargaining can be traced back to the English common law system, where it was known as "pleading to the indictment." In the early days of the English legal system, defendants who were charged with a crime had to plead either guilty or not guilty to the charges. If they pleaded guilty, they were automatically convicted and sentenced by the court.

The concept of plea bargaining was later adopted in the United States in the 19th century. In the early years of the American legal system, there was a backlog of criminal cases, and trials were often delayed for months or even years. As a result, plea bargaining became a popular way to resolve criminal cases more quickly.

In the 1960s and 1970s, the Supreme Court of the United States began to place limits on the use of plea bargaining, arguing that it could undermine the integrity of the criminal justice system and lead to coerced or involuntary guilty pleas. However, despite these concerns, plea bargaining continued to be a common practice in the United States and is now the predominant method of resolving criminal cases in the country.

During the 20th century, plea bargaining became even more widespread in the United States, and it is now used in the majority of criminal cases. The use of plea bargaining has been controversial, with some critics arguing that it undermines the integrity of the justice system and leads to wrongful convictions, while others argue that it is a necessary tool for ensuring that the legal system functions effectively and efficiently.

Today, plea bargaining is used in many other countries around the world, including Canada, Australia, and several European countries. However, its use and acceptance vary widely across different legal systems, with some countries viewing it as an important tool for achieving efficiency and justice, while others view it as a threat to the principles of fairness and due process.

In other countries, such as Canada, Australia, and India, plea bargaining has been introduced more recently, and it is still evolving as a legal concept. In some countries, such as Germany and Japan, plea bargaining is not permitted, and all criminal cases must be resolved through a trial.

Types Of Plea Bargaining

There are several types of plea bargaining, which can be used to resolve criminal cases.

Some of the most common types of plea bargaining include:

1. Charge Bargaining:
   Charge bargaining involves the defendant pleading guilty to a less serious charge in exchange for a reduction in the severity of the punishment.
   For example, a defendant charged with murder may plead guilty to manslaughter in exchange for a lighter sentence.
    
2. Sentence Bargaining:
   Sentence bargaining involves the defendant pleading guilty to the original charge in exchange for a promise of a lighter sentence.
   For example, a defendant charged with drug trafficking may plead guilty and receive a reduced sentence in exchange for cooperating with law enforcement.
    
3. Fact Bargaining:
   Fact bargaining involves the defendant pleading guilty to certain facts or elements of the crime in exchange for the prosecutor agreeing not to introduce other facts that might aggravate the sentence.
   For example, a defendant charged with robbery may plead guilty to taking the victim's wallet but deny the use of force.
    
4. Count Bargaining:
   Count bargaining involves the defendant pleading guilty to some of the charges against them in exchange for the dismissal of other charges.
   For example, a defendant charged with multiple counts of theft may plead guilty to one count and have the others dismissed in exchange for a lighter sentence.
    
5. Sentence Recommendation Bargaining:
   Sentence recommendation bargaining involves the prosecution recommending a specific sentence to the judge in exchange for the defendant's guilty plea.

For example, a defendant charged with embezzlement may plead guilty and receive a sentence of probation in exchange for full restitution.

It is important to note that the specific terms of a plea bargain will depend on the facts of the case and the discretion of the prosecutor and the judge. Plea bargaining is a voluntary process, and both the defendant and the prosecution must agree to the terms of the agreement.

Procedure For Plea Bargaining In India

The procedure for plea bargaining in India is governed by the Code of Criminal Procedure, 1973, and the Criminal Law (Amendment) Act, 2005.

Here are the general steps involved in the plea bargaining process in India:

• The accused, through their counsel, may initiate the plea bargaining process by making an application to the court expressing their willingness to plead guilty to the charges in exchange for a lesser sentence.
• The court will then inform the prosecution of the accused's application and may ask for their opinion on the matter.
• If the prosecution agrees to the plea bargaining proposal, they will inform the court of the terms of the plea bargain.
• The court will then conduct a preliminary hearing to ensure that the accused has voluntarily and knowingly agreed to the plea bargain and that they understand the consequences of their plea.
• If the court is satisfied that the plea bargain has been entered into voluntarily and knowingly, it will dispose of the case in accordance with the terms of the plea bargain.
• If the court rejects the plea bargaining proposal or if the accused does not comply with the terms of the plea bargain, the case will proceed to trial.

It is important to note that not all offenses are eligible for plea bargaining in India. Only offenses that are punishable with imprisonment up to seven years or with a fine are eligible. Additionally, certain offenses such as those committed against women or children, and those under special laws like the Narcotics Drugs and Psychotropic Substances Act are not eligible for plea bargaining.

It is also important to note that the terms of a plea bargain will depend on the facts of the case and the discretion of the prosecutor and the judge. Plea bargaining is a voluntary process, and both the defendant and the prosecution must agree to the terms of the agreement.

Provision Of Plea Bargaining In Indian Legal System

The provision for plea bargaining in the Indian legal system was introduced through the Criminal Law (Amendment) Act, 2005, which amended the Code of Criminal Procedure, 1973. The provision for plea bargaining is contained in Chapter XXI-A of the Code, which was inserted by the 2005 Amendment.

Section 265-A to 265-L of the Code outline the procedure for plea bargaining in India.
These sections provide for the following:

1. Eligibility for plea bargaining:
   Only offenses that are punishable with imprisonment up to seven years or with a fine are eligible for plea bargaining. Additionally, certain offenses such as those committed against women or children, and those under special laws like the Narcotics Drugs and Psychotropic Substances Act are not eligible for plea bargaining.
    
2. Initiation of plea bargaining:
   The accused, through their counsel, may initiate the plea bargaining process by making an application to the court expressing their willingness to plead guilty to the charges in exchange for a lesser sentence.
    
3. Role of the prosecutor:
   The prosecutor has a key role in the plea bargaining process, and they must agree to the terms of the plea bargain. The prosecutor will also inform the court of the terms of the plea bargain.
    
4. Procedure for plea bargaining:
   The court will conduct a preliminary hearing to ensure that the accused has voluntarily and knowingly agreed to the plea bargain and that they understand the consequences of their plea. If the court is satisfied that the plea bargain has been entered into voluntarily and knowingly, it will dispose of the case in accordance with the terms of the plea bargain.
    
5. Appeal and revision:
   A person who has entered into a plea bargain may not appeal against their conviction, but they may file a revision petition challenging the legality of the sentence. The prosecutor may also file a revision petition if they believe that the sentence imposed under the plea bargain is inadequate.

It is important to note that the terms of a plea bargain will depend on the facts of the case and the discretion of the prosecutor and the judge. Plea bargaining is a voluntary process, and both the defendant and the prosecution must agree to the terms of the agreement.

Supreme Court Landmark Judgement
There have been several landmark judgments by the Supreme Court of India on plea bargaining.

Here are a few notable ones:

• Murlidhar Meghraj Loya v. State of Maharashtra (1976):[i]
  This was the first case in which the Supreme Court of India recognized the concept of plea bargaining. The court observed that there was no provision for plea bargaining in the Code of Criminal Procedure, but it could be used in appropriate cases to dispose of criminal cases expeditiously.
   
• State of Gujarat v. Natwar Harchandji Thakor (2001):[ii]
  In this case, the Supreme Court of India held that the power to accept or reject a plea bargain lies solely with the court, and it cannot be influenced by the wishes of the prosecution or the accused.
   
• State of Uttar Pradesh v. Chandrika (2005):[iii]
  This case was decided soon after the introduction of the plea bargaining provision in the Code of Criminal Procedure. The court held that the purpose of plea bargaining was to expedite the disposal of cases and reduce the burden on the courts, and it should not be used as a tool to let the guilty go unpunished.
   
• Siddharam Satlingappa Mhetre v. State of Maharashtra (2011):[iv]
  This landmark judgment laid down the principles that the court should keep in mind while considering a plea bargain, such as ensuring that the accused has entered into the agreement voluntarily and knowingly, and that the terms of the agreement are fair and reasonable.
   
• Union of India v. Thamisharasi (2014):[v]
  n this case, the Supreme Court of India clarified that the court cannot grant a sentence lower than the minimum sentence prescribed by law, even if it is part of a plea bargain.
   
• Shanti Lal Meena v. State of Rajasthan (2015):[vi]
  In this case, the Supreme Court held that a person who had entered into a plea bargain could not appeal against their conviction, but they could file a revision petition challenging the legality of the sentence. The court also held that the prosecutor could file a revision petition if they believed that the sentence imposed under the plea bargain was inadequate.

Conclusion
In conclusion, plea bargaining is a legal process in the Indian legal system that allows an accused person to plead guilty to a lesser offense or to receive a lighter sentence in exchange for cooperating with the prosecution or admitting guilt. The provision for plea bargaining was introduced through the Criminal Law (Amendment) Act, 2005, which amended the Code of Criminal Procedure, 1973.

Plea bargaining is a voluntary process, and both the prosecution and the accused must agree to the terms of the agreement. Eligibility for plea bargaining is limited to offenses punishable with imprisonment up to seven years or with a fine. The prosecutor plays a key role in the plea bargaining process and must agree to the terms of the plea bargain.

The procedure for plea bargaining involves a preliminary hearing to ensure that the accused has voluntarily and knowingly agreed to the plea bargain and that they understand the consequences of their plea. If the court is satisfied that the plea bargain has been entered into voluntarily and knowingly, it will dispose of the case in accordance with the terms of the plea bargain.

Overall, plea bargaining is seen as a tool to reduce the burden on the criminal justice system and to expedite the resolution of criminal cases. However, it is important to ensure that the accused is fully aware of their rights and the consequences of their plea, and that the plea bargain is entered into voluntarily and without coercion or undue influence. The Supreme Court of India has delivered several landmark judgments on plea bargaining, which have provided important guidance on the scope and application of the plea bargaining process in the Indian legal system.

References

• https://blog.ipleaders.in/plea-bargaining-practice-india/
• https://legalpaathshala.com/plea-bargaining/
• https://lawcorner.in/what-is-plea-bargaining/

End-Notes:

1. 1977 SCR (1)
2. https://www.lawyerservices.in/State-of-Gujarat-Versus-Natwar-Harchandji-Thakor-2005-02-22
3. 1999 Supp(4) SCR 239
4. (2011) 1 SSC 964
5. 1995 (3) SCR 905
6. https://indiankanoon.org/doc/66419907/

Written By: Sanjay Kumar Sah