Plea Bargaining

Plea Bargaining

·         A new chapter, that is chapter XXIA on ‘Plea Bargaining’, has been introduced in the Criminal Procedure Code.

·          It was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by the parliament in its winter session.

·         This has certainly changed the face of the Indian Criminal Justice System.

·         Some of the salient features of ‘Plea Bargaining’ are that it is applicable in respect of those offences for which punishment is up to a period of 7 years.

·          Moreover it does not apply to cases where the offence committed is a socio-economic offence or where the offence is committed is committed against a woman or a child below the age of 14 years.

·         Also once the court passes an order in the case of ‘Plea Bargaining’ no appeal shall lie to any court against that order.

·         ‘Plea Bargaining’ can be defined as pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.