The concept of Plea bargaining was incorporated in the Indian law through the Criminal Law Amendment Act 2005. The same is incorporated under chapter 21 A (Sections 265A-265L) of the Code of Criminal Procedure, 1973, now chapter 23 (Sections 289-295) of Bharatiya Nagrik Suraksha Sanhita (BNSS). Plea bargain is a legal process, the purpose of which was to minimise the burden of criminal courts as it allows an accused person to plead guilty in acceptance of reduced sentence due to concession given by the prosecution.
Historical Background of Plea Bargaining
Due to the huge case pendency and delays, the Law Commission of India in its 142nd (1991), 154th (1996), and 177th (2001) reports, as well as the Malimath Committee, endorsed plea bargaining further and was inspired from the US model.
Process for Plea Bargain in India
The procedure to come out on mutually satisfactory disposition for plea bargainining is as follows:
- The process starts by an application filed by the accused person in the Court, showing his willingness to plead guilty voluntarily.
- The Court satisfies itself that the plea is sought voluntarily and without any fear or coercion.
- Then a meeting is scheduled among the accused, prosecutor, investigating officer to reach on a mutually satisfactory disposition.
- The court prepares an agreement with a report signed by all the parties that participated in the meeting, and may sentence the accused to any of the following:
– Half of the minimum sentence prescribed for the offense (if a minimum exists).
– Up to one-fourth of the maximum sentence if no minimum is prescribed. - No appeal can be preferred against a plea bargaining order, except in cases of manifest injustice.
It can be seen that the idea behind plea bargaining is to encourage offenders to come forward and plead guilty to get the benefits of lesser punishment. This saves a lot of time and resources that are consumed in order to prove by the prosecution that the person committed a specific offence, beyond reasonable doubts. It further saves time against any appeals or procedural aspects raised before the Higher Courts.
Also read about Pre-Sentence Hearing
Benefits of Plea Bargaining
- Speedy Justice: Plea bargaining in India shortens the long legal processes and disposes of the cases within a short time. Thus, it aims to reduce the long pendency of cases.
- Minimise burden on Courts: In India, pendency of cases before the Courts is a problem. Matters take years to conclude because every person is given plenty of chance to be heard through the prescribed process, and those who are late also get the option of condonation of delay. If plea bargaining succeeds, Courts may remain free for more severe cases. Thus, good quality justice could be expected.
- Satisfaction of victim: While Court cases take years to prove the case against the offenders, victim favoured outcome satisfies the victims when the offendors plead guilty. It also safeguards the parties from prolonged trials. Thus, saving time, money and mental trauma.
- Ease for Offenders: While pleading guilty of committing an offence may sound against the offenders, the reduced punishment actually favours them. While they may escape punishment for a while since cases take years, the regular appearance before the Courts takes a lot of time. Meanwhile, a sword always hangs around their neck regarding arrest. The process itself consumes a lot of time and money in the longer run, because it is not only about trial but appeals also follow the decision.
- Cost effective: Plea bargaining saves litigation costs for both the parties as well as the State. It may also result in providing compensation to the victim.
Challenges and Criticism of Plea Bargaining
- Minimal use: As per NCRB data, out of 1.7 crores, only 19,135 cases were disposed of in 2022. This reflects that while plea bargain is a win-win option, parties choose not to take advantage of it to plead guilty, but contest the prosecution.
- Only Sentence Bargaining: In India, plea bargaining is limited to only to sentence reduction not to charge reduction.
- Risk of Coercion: A particular class of accused may plead guilty due to poverty, ignorance, pressure etc., which shows compromise in judicial system.
- Risk of Corruption: Involvement of accused and police officials may result into promoting practices of corruption.
- Constitutional Debate: some critical thinkers argue that plea bargaining compromises with Article 20(3) of the Constitution (Protection against self-incrimination).
Conclusion
Plea bargaining in India has the ability to speed up the disposal of criminal cases within a given time frame. It will ease the burden of Courts which are facing huge pendency of cases. However, alongside, it is also observed that people have lack of awareness and concerns about fairness in plea bargaining in India. Thus, it is the duty of the State to spread the word and promote the cause which favours all the stakeholders in criminal cases.
The detailed explanation of the law pertaining to plea bargaining in India has been shared by Mohd. Waseem, Intern at Lawgical Shots, who has appeared in and also cracked a few Judiciary exams so far.
