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Nadeem Khan (Querist) 03 March 2012 This query is : Resolved
What is plea bargaining?

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Deepak Nair (Expert) 03 March 2012
In plea bargaining, instead of contesting the case, the accused pleads guilty for the offence charged against him in return of some concession or lenient punishment.
This helps in disposing off the case at the earliest. Generally this is not applied to serious crimes.

Guest (Expert) 03 March 2012
I endorse the views of Shri Deepak Nair.

Adv.R.P.Chugh (Expert) 03 March 2012
Adopting what Ld.Mr.Nair has said : In Plea Bargaining the accused is remorseful and confesses to the crime in lieu of a shorter sentence. This is preferred as an accused who is remorseful and accepts guilt - cannot be compared to an accused who is willing to fight his case and resultantly public exchequer is drained in prosecution. Plea Bargaining is also helping in restorative justice, as victim also gets recompense enabling him to start life afresh and to put him in a position, as far as money can, had he not suffered due to the crime of the accused.
It can be done at any stage of the crime, but not in serious offences,offences against women/children, offences affecting socio-economic fabric of the country.

In this accused, victim, prosecutor sit together and come up with a mutually satisfactory disposition - which if the judge finds free and voluntary - convicts the accused with either
i) half of minimum sentence
ii) or 1/4th of maximum sentence and fine
iii) court also normally extends the benefit of probation - if the convict is so entitled.

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 March 2012
This concept is still in legal provisions only in our country.

Particularly in STATES it is common practice since jails are over flooding and defense cost is prohibitive for a normal offender.

Arvind Sehdev (Expert) 04 March 2012
this is a question which can be discussed on forums.. you need not waste experts time.

If you have a problem then ask here... otherwise it is requested that you direct such questions to the forum section of this site.