Plea bargaining.
Querist :
Anonymous
(Querist) 22 October 2011
This query is : Resolved
Meaning of this Bargaining in Criminal Court
Charge Bargaining, Sentence Bargaining,Fact Bargaining.
Also as we known that appeal is not applicable to plea bargaining then revision & review is possible.
Thanks
Raj Kumar Makkad
(Expert) 22 October 2011
Plea bargaining has been inserted through Chapter XXI A in the Criminal Procedure Code. It provides for pre - trial negotiations between the defence and the prosecution during which an accused might plead guilty in exchange for certain concessions by the prosecution. The judge would decide if the plea bargaining was resorted to with malafide or bonafide intention. There are certain exceptions laid down to plea bargaining under the Act. It has been laid down that there will be no plea bargaining in three cases namely, offences against women, children below the age of 14 years and socio-economic offences (like offences under Food Adulteration Act etc). There can be plea bargaining for offences where punishment prescribed is 7 years or less.
The positive aspect of the Act is that the offences in which a mutually satisfactory agreement can be reached are limited. Secondly, the judge is not completely excluded from the process and exerts supervisory control. Therefore at least theoretically, administrative control of the process of granting concessions to those who plead guilty is ensured. Thirdly, the Act ensures that such an opportunity will not be available to habitual offenders. Fourthly, the fact that the Act does not provide for an ordinary appeal from the judgment in such a case is a step towards expediting the disposal of cases. At the same time, a process for reviewing illegal or unethical bargains does exist though it may be noted that Article 136 of the Constitution does not confer a right of appeal on a party as such but confers a wide discretionary power on the Supreme Court to grant special leave. Also, though the remedy under Articles 226 and 227 of the Constitution can be made use of, it is unclear whether the victim of the offence can utilize this remedy.
Shonee Kapoor
(Expert) 23 October 2011
The law on this is still evolving, as and when some aggrieved will reach HC/ SC, we would start having more clarity on these issues.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 24 October 2011
yes Mr.Shonee Kapoor is right ,the law of plea bargaining is still evolving in the country and at a very nascent stage.
