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