What is Plea Bargaining?

About Plea Bargaining:

• Plea bargaining is a process in which a defendant in a criminal case agrees to plead guilty in exchange for some concession from the prosecutor or the court.
  • The concession could be a reduced sentence, a lesser charge, dropping some charges, or any other agreement that benefits the defendant.
• The aim of plea bargaining is to resolve a criminal case without going to trial, thereby saving time, resources, and expenses for both the prosecution and the defendant. 
• Plea Bargaining in India:
  • In India, plea bargaining is governed by the Code of Criminal Procedure, 1973, which incorporated it in 2005.
  • Under the Indian legal system, plea bargaining is available for offenses that are punishable with imprisonment for a term of seven years or less.
  • The accused person must voluntarily opt for plea bargaining, and the court must be satisfied that the plea has been made voluntarily and with full knowledge of its consequences.
  • Plea bargaining can take place at any stage of the criminal justice process, from the initial charge to the trial itself.
  • The process of plea bargaining in India is initiated by the accused by filing an application before the court expressing his willingness to plead guilty.
  • The court will then examine the application and may allow or reject it based on the facts and circumstances of the case.
  • If the court allows the application, it will refer the matter to the prosecutor for further negotiations.
  • During the negotiation process, the prosecutor may offer a reduced sentence or some other concession in exchange for the accused's guilty plea.
  • The accused may accept or reject the offer, and if accepted, the court will record the plea of guilt and pronounce the sentence as per the terms of the plea-bargaining agreement.
  • The court has the discretion to accept or reject the plea-bargaining agreement if it deems it to be unjust, unreasonable, or contrary to the interest of justice.
  • Additionally, if the accused breaches the terms of the plea-bargaining agreement, the court may set aside the agreement and proceed with the trial.
  • The accused has the right to withdraw the plea at any time before the court pronounces the sentence. If the plea is withdrawn, the trial continues as if the plea-bargaining process had not occurred.
  • Once the sentence is pronounced, it becomes final, and the accused cannot appeal against it except on the grounds of manifest injustice.

Q1: Who is a prosecutor?

A prosecutor is a lawyer who works for a state or government organization and is responsible for starting legal proceedings and then proving in court that the suspect committed the crime he’s accused of. 

Source: Report reveals minimal use of plea bargaining in India