Chapter-III
Resolution through Plea-Bargaining
The Criminal Law (Amendment) Act, 2005 (which came into force with effect
from 5.7.2006) has inserted Chapter XXI A in the Code of Criminal Procedure, 1973,
that for the first time accords recognition to the idea of plea bargaining within the
Indian Criminal Justice System. For providing the working details of the pleabargaining system, new Sections 265 A to 265 L have been introduced with a view
to providing for the qualifications for plea-bargaining, the stage and procedure for
making an application, the role of court and the parties, the guidelines for mutually
satisfactory disposition, the final disposition of the case by the court and its finality,
the according of set-off benefit, the prohibition against use of plea-bargaining
depositions in any other proceedings and non-applicability of plea-bargaining in
juvenile justice proceedings, etc. Plea-bargaining proceeding is a new technique
for simplifying the rigor of the formal system as well as a measure for the speedier
disposal of cases. But this technique has immense significance from the point of
view of the accused, who is accorded an option to bargain-plea within the existing
system. Thus, the rules relating to plea-bargaining have special value not only for
the accused, but also for those who are responsible for operating the system at the
ground level.
Box-18
While conducting the plea-bargaining proceedings, the judicial authorities
shall:
S. 265A
1.
Ensure that plea-bargaining can be claimed
only for offences that are likely
to entail a punishment that is below seven
years imprisonment.
2.
Ensure also that plea-bargaining is not
available for such offences that affect the
socio-economic conditions of the country.
Of Cr.P.C
S.265B
32