3. Ensure also that plea-bargaining is not available, if such offence is committed against a woman or a child below fourteen years. 4. Ensure also that plea-bargaining is not available, if the accused has been convicted for the similar offence previously by any court. 5. Ensure that a charge-sheet is already filed in respect of the offence, or the Magistrate has taken cognizance on a complaint. 6. Ensure that any accused, whose case does not suffer from the aforesaid disqualifications and whose case is pending before the court, can move an application for plea-bargaining. 7. Ensure that the application for plea bargaining is accompanied by an affidavit sworn by the accused that he understands the nature and extent of punishment entailed for the offence and that he has voluntarily preferred to bargain plea. 8. Ensure that after receiving the application, due notice is sent to the public prosecutor or the complainant and the accused, requiring them to appear on a fixed date. 9. Ensure that after being satisfied that the application is filed voluntarily, the court provides time to the prosecutor/ complainant and the accused to work out a mutually satisfactory disposition of the case, including giving compensation to the victim. 33

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