Plea bargaining is a legal process in the Indian criminal justice system that allows for the negotiation and resolution of criminal cases between the accused (the defendant) and the prosecution (the state) without a full trial. It is governed by Chapter XXI-A of the Code of Criminal Procedure (CrPC) in India.
Purpose of Plea Bargaining:
The primary purpose of plea bargaining is to expedite the legal process, reduce the burden on the courts, and provide a means for quick resolution of certain criminal cases.
Types of Plea Bargaining:
There are three types of plea bargaining under CrPC: a. Charge Bargaining: This involves negotiation regarding the charges filed against the accused. b. Sentence Bargaining: It focuses on bargaining for a lesser sentence in exchange for a guilty plea. c. Fact Bargaining: This relates to bargaining over the facts of the case, where the accused agrees to certain facts in exchange for reduced charges or sentences.
Eligible Offences:
Plea bargaining is generally available for offenses that are punishable with imprisonment up to seven years. More serious offenses, such as those with life imprisonment or death penalty, are not eligible.
Application for Plea Bargaining:
The accused can apply for plea bargaining before the trial begins. The application should be made voluntarily and with the consent of the accused, their counsel, and the prosecution.
Procedure:
If the accused applies for plea bargaining, the court conducts a preliminary inquiry to determine the genuineness of the application.
After satisfaction, the court may then proceed with plea bargaining negotiations.
If an agreement is reached, the court records it and proceeds with the sentencing as per the negotiated terms.
The court has the discretion to either convict or acquit the accused based on the negotiated plea.
Sentencing:
The sentence under plea bargaining is typically lesser than what might have been imposed in a full trial, reflecting the concession given to the accused in exchange for their plea.
Appeals:
The accused, if dissatisfied with the negotiated plea or sentence, has the right to appeal to a higher court.
Limitations:
Plea bargaining is not applicable to certain offenses, including those related to serious crimes, sexual offenses, and offenses against the state.
CrPC Sections 265A to 265L
CrPC Sections
Title and Explanation
Section 265A
Application of Chapter: Specifies the application of Chapter XXI-A of the CrPC, which deals with plea bargaining, to the accused who is charged with an offense punishable with imprisonment up to seven years.
Section 265B
Application for Plea Bargaining: Explains the procedure for making an application for plea bargaining. The accused can apply for plea bargaining voluntarily and with the consent of their counsel.
Section 265C
Preliminary Inquiry: Outlines the preliminary inquiry process to determine the genuineness of the accused’s application for plea bargaining. The court ensures that the application is made voluntarily and with full understanding.
Section 265D
Interim Compensation: Permits the court to award interim compensation to the victim at any stage of the plea bargaining process. The compensation amount is recoverable from the accused.
Section 265E
Procedure for Agreement: Describes the procedure for reaching an agreement between the accused and the prosecution. The court records the agreement and, upon satisfaction, may impose a sentence as per the negotiated terms.
Section 265F
Report of the Agreement: Requires the court to forward the report of the agreement to the High Court for review. The High Court is responsible for examining the legality of the agreement.
Section 265G
Examination of Accused: Outlines the examination of the accused to ensure that the plea is voluntary, and the accused understands the consequences.
Section 265H
Disposal of the Case: Specifies that the court has the discretion to either convict or acquit the accused based on the negotiated plea.
Section 265I
Pronouncement of Judgment: Provides the procedure for the pronouncement of judgment after the accused pleads guilty, and the court convicts the accused.
Section 265J
Finality of Judgment: Clarifies that the judgment pronounced under plea bargaining is final and no appeal can be filed by the accused except for the extent or legality of the sentence.
Section 265K
Confession by Co-accused: Explains that a co-accused’s confession during the plea bargaining process shall be treated as a relevant fact and may be used against the co-accused.
Section 265L
Offenses Not Covered: Specifies that plea bargaining is not available for certain offenses, including those with a punishment of life imprisonment or death penalty, offenses against the state, and sexual offenses.
Case Laws on Plea Bargaining
Case Laws
Summary and Significance
Lallan Chaudhary v. State of Bihar (2001)
Emphasized the need for voluntary and informed participation of the accused in plea bargaining, without coercion.
Murlidhar Meghraj Loya v. State of Maharashtra (2004)
Established the right of an accused who has entered into a plea bargaining agreement to appeal against the quantum of the sentence.
Vijay Kumar S/O Ramashish Prasad Sharma v. State of Chhattisgarh (2010)
Clarified that plea bargaining is not applicable to cases of sexual offenses under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
State of Rajasthan v. Shambhu Kewat (2005)
Held that if the accused breaches the terms of the plea bargaining agreement, the court is not bound by the negotiated sentence.
Mahendra Singh v. State of Haryana (2014)
Highlighted the purpose of plea bargaining, which is to expedite case disposal and reduce court case backlogs, emphasizing the importance of judicial officers being well-versed in the procedure.
