Justice ought to not exclusively be done however without a doubt it ought to be
believed to be done and it is guaranteed by speedy justice or convenient
judgment. The right to a speedy trial has been ensured by the Indian
Constitution as a crucial right under Article 21. However, it stays just in the
paper as in real Indian Judiciary is delayed in conveying justice. In India, the
circumstance isn't acceptable concerning the criminal justice system (CJS).
This issue of the excess of cases has been perceived by the governing body and
it presented the idea of plea Bargaining
by way of Criminal Law (Amendment)
Act, 2005 to take care of the issue of accumulating of the case and a lower rate
of convictions in Indian Court. The idea of plea bargaining was not there in
criminal law since its initiation. Thinking about this situation, Indian Legal
researchers and Jurists consolidated this idea in Indian Criminal Law. As the
term itself suggests that it is an understanding between the defendant and the
plaintiff. Numerous nations have acknowledged this idea in their Criminal
Justice System (CJS).
Concept of Plea Bargaining
It is inappropriate to assume that the idea of plea Bargaining was discovered in
recent times. It is utilized in the American Judiciary in the nineteenth century
itself. The bill of Rights makes no notice of the training while building up the
fair trial principle in the 6th amendment however the lawfulness of the plea
Bargaining had continually been maintained there.
In the year 1969, James Earl
Ray conceded to killing Martin Luthar King, Jr. to maintain a strategic distance
from execution sentence. He, at last, got detainment of 99 years. More than 90
percent of the criminal cases in America are rarely attempted. The dominant
parts of the people who are blamed for wrongdoing surrender their protected
rights and confess. Consistently, a criminal case is discarded in an American
Court by the method of a guilty plea or Nolo Contendera Plea.
's Law Dictionary defines the term Plea BargainingŁ as:
The procedure whereby the denounced and the examiner in a criminal case work out
a commonly acceptable mien of the case subject to the Court endorsement. It
ordinarily includes the denounced conceding to a lesser offense or to just one
or a portion of the courts of a multi-include arraignment as a byproduct of a
lighter than that workable for the graver charge.
Plea Bargaining is a pretrial arrangement between the charged and the
prosecution where the accused consents to confess in return for specific
concessions by the prosecution. It is where a defendant concedes to a lesser
charge and the prosecutors consequently drop more serious accusations. It isn't
accessible for a wide range of wrongdoing for example an individual can't
guarantee plea bargaining in the wake of perpetrating egregious wrongdoings or
for the violations which are culpable with death or life detainment.
Plea Bargaining under Criminal Procedure Code
In 1991 the 142nd Report of the Law Commission of India contemplated the problem
of presenting supplication haggling in criminal equity just because. Then the
154th Report of the Law Commission of India recommended adopting the policy of
plea bargaining for settlement of a huge backlog of cases. At that point Justice
Malimath Committee Report 2003 additionally supported the 154th Report of the
Law Commission for presenting plea bargaining in the Indian equity organization
Taking into consideration all these proposals through the Criminal Law
(Amendment) Act 2005, Indian parliament added provisions for plea bargaining by
including Chapter XXI-A in the form of section 265A to section 265L in Code of
Criminal Procedure, 1908, which came in to effect on 5th July 2006.
recognizes plea bargaining for cases: Where the maximum punishment is imprisonment for 7 years
Where the offenses don't influence the socio-economic state of the nation;
When the offenses are not committed against a woman or a child below 14
Types of Plea Bargaining
There are three types of plea bargaining i.e.
- Sentence Bargaining;
- Charge Bargaining;
- Fact Bargaining.
It involves an arrangement to plead guilty to one of the various charges or
less grave charges by the defendant in exchange for dismissal of other or higher
charges. For example, a man is accused of murder and grievous hurt, a prosecutor
may accept a ÔÇśguilty' plea for grievous hurt with the court's permission
in return to drop a murder charge.
This type of plea bargaining occurs for getting less severe charges. This the
most basic form of plea bargaining in criminal cases. Here the defendant admits
pleading guilty to a lesser charge in consideration of dismissing greater
charges. E.g. arguing for homicide for dropping the charges of homicide.
This is usually not applied in courts because it is claimed to be against the
Criminal Justice System. It happens when a defendant accepts to stipulate to
some facts to prevent other facts from being included in evidence.
The idea of plea bargaining was analyzed by the Hon'ble Supreme Court for the
first time in Murlidhar Meghraj Loya v. State of Maharashtra
, in this, the Court
held that the thought of plea bargaining is corrupt or best case scenario a
vital fiendishness. The State can never bargain with the charged. It must uphold
the law. Thus, open techniques for a bargain are unthinkable. So it ought not to
be presented in the Indian criminal justice framework.
A conviction dependent on
the plea of guilty entered by the blamed subsequently for plea bargaining can't
be continued. Such a system would be unmistakably out of line, absurd and vile
and would be violative of Article 21 of the Constitution.
In the State Of Gujarat vs Natwar Harchandji Thakor,
the Court recognized the
significance of plea bargaining and stated that every plea of guiltyŁ which
is inferred to be a part of the statutory process in the criminal trial, should
not be interpreted as a plea bargaining
Ł ipso facto. It is a matter of
matter and has to be settled on a case to case basis. Acknowledging the
progressive nature of law and society, the court opined that the very purpose of
the law is to provide a simple, cheap, and expeditious justice by settling
Disadvantages of Plea Bargaining
Some of the significant shortcomings of the concept of plea Bargaining as is
identified in India are as below:
- It is a menace to the right to a fair trial.
- Including the Police in the Plea Bargaining procedures would encourage
- By including the court in the Plea Bargaining process the court
impartially is challenged.
- Including the victim in the Plea Bargaining process would encourage
- If the plead guilty appeal of the accused is denied then the accused
would suffer great difficulty to establish himself as innocent.
To Conclude, plea bargaining is for sure, a debated concept. Some people have
embraced it while others have rejected it. Plea bargaining certainly speeds up
caseload disposition, but it does that unconstitutionally. Perhaps, we have no
other alternative but to utilize this procedure. The criminal courts are too
overburdened to approve each case to go on trial.
There is a necessity of spreading awareness among litigants, prosecution
agencies, police, and general people to make this system more effective and
there should be a thorough study of its working and its impact on conviction and
crime rate and how this system should work properly. To make this more
beneficial and to fulfill its aspired objectives, there is a need to amend the
provisions to cope with disadvantages or criticisms and to proceed with the