Plea Bargaining Intro.
- Plea Bargaining can be defined as the system of negotiating an agreement between the prosecution and defence wherein the defendant pleads guilty to a lesser offence or one or more offences charged in return for a lesser sentence or dismissal of other charges.
- It is based on the principle of ‘Nolo Contendere’, literally meaning ‘I do not wish to contend’.
Utility of Plea Bargaining
Although not available for all types of offences, Plea Bargaining has been used as a tool to reduce enforcement costs and save courts time to focus on more significant and pressing cases.
Law Commission on Plea Bargaining
- Highlighting the glaring inefficiency of the Indian Criminal Justice system, with a multitude of backlogs, excessively long trial lifespans and surprisingly low rate of conviction, The Law Commission of India, in its 142nd report, in 1991, implicitly underlined the need for Plea Bargaining.
- It made its recommendation based on the efficacy of the American model.
- The report further stated that such a practice is consistent with both the Constitution and the Fairness Principles.
Malimath Committee on Plea Bargaining
Malimath Committee was set up under the NDA government in 2003 to suggest improvements to India’s century-old criminal justice system, which too recommended the implementation of the plea bargaining concept for speedy disposal of cases and reduced burden on courts.
Constitutionality of Plea Bargaining
- The question of Plea Bargaining’s legitimacy and constitutionality was then settled in State Of Gujarat vs Natwar Harchandji Thakor[1] in 2005,
- the court recognized the value of plea bargaining and that each “Plea of guilt”, which is considered to be part of the process of a criminal trial, should not be assessed factually but rather evaluated on case to case basis.
- The court stated that the entire purpose of the law is to give an easy, inexpensive, and quick justice by resolving conflicts, taking into account the dynamic character of law and society.
- Eventually, Chapter XXI A was inserted in the Code of Criminal Procedure, 1973, by the Criminal Law (Amendment) Act, 2005.
Types of Plea Bargaining
Plea Bargaining is mainly of three types -
1. Charge Bargaining
2. Sentence Bargaining
3. Fact Bargaining
Charge Bargaining
- Charge bargaining is when the defendent agrees to plead guilty to a lesser charge in exchange for the dismissal of more severe charges.
- E.g. pleading guilty for aggravated assault rather than attempt to murder with the primary intent of getting a lesser sentence.
Sentence Bargaining
Here the defendant agrees to plead guilty to all the stated charges for consideration of a lighter sentence.
Cases eligible for plea bargaining.
- Under the CrPC, plea bargaining is available for offences that are punishable by up to seven years imprisonment.
- This instrument also cannot be used in offences that affect the socio-economic condition of the country (eg, offence under Dowry Prohibition act, 1961, Immoral Traffic (Prevention) Act, 1956.
- where the offence is committed against a woman or a child below 14 years of age
- Where the accused has been previously convicted for the same offence.
Advantages of Plea bargaining
- Faster resolution of cases: Plea bargaining allows for the resolution of criminal cases more quickly and efficiently, as it allows the accused to avoid the time and cost of a trial.
- Reduced burden on the justice system: Plea bargaining helps to reduce the workload of the courts and the prosecution, as it allows for the resolution of cases without the need for a trial. This can help to free up resources and allow the justice system to focus on more severe cases.
- Leniency for the accused: Plea bargaining allows the accused to receive a lesser sentence or have other charges dismissed in exchange for a guilty plea. This can benefit those willing to accept responsibility for their actions and avoid the risk of a harsher sentence at trial.
- Victim satisfaction: Plea bargaining can provide closure for victims, as it allows for a resolution to the case without needing a lengthy and emotionally complicated trial.
Disadvantages of Plea Bargaining
While plea bargaining can have certain advantages, it also has some potential disadvantages in the Indian legal system. Some of the main drawbacks of plea bargaining include the following:
- Loss of the right to a fair trial: By pleading guilty to a lesser charge, the accused person is giving up their right to a fair trial. This can be problematic if the accused is innocent and is pressured into pleading guilty to avoid the risk of a harsher sentence at trial.
- Incentive for prosecutors to overcharge: If a prosecutor knows that the accused is likely to accept a plea bargain, they may be more likely to bring more severe charges in the hope of negotiating a plea bargain for a lesser charge. This can result in accused persons being charged with more serious crimes than they actually committed.
- Lack of accountability for the accused: Plea bargaining can result in the accused person avoiding accountability for their actions, as they are able to plead guilty to a lesser charge without having to go through a trial. This is a form of leniency that may not be justified in some instances.
- Lack of closure for victims: While plea bargaining can provide closure for some victims, it may not be sufficient for others who want to see the accused held fully accountable for their actions.
- Its critics also claim it violates Article 20(3), which prohibits self-incrimination.
Suggestion in case of plea bargaining
- The guidelines and suggestions issued by the Supreme court as far as they relate to Plea Bargaining involve brief training sessions for Judicial officers,
- counselling the accused if he is willing to accept his guilt with the aid of the District Legal Services Authority.
- Moreover, the list of such accused should be sent to the Director General of Police so they can check the convict’s criminal history to see if the accused is prepared to accept the plea and file a High Court application.
Plea Bargaining Conclusion
While plea bargaining can be a helpful tool for resolving criminal cases in India, it is essential to carefully consider the potential disadvantages and ensure that the rights of the accused and the interests of justice are protected.
Case law against Plea Bargaining
Uttar Pradesh v Chandrika (2000) - It is settled law that on the basis of plea bargaining, Court cannot dispose of the criminal cases. Mere acceptance or admission of the guilt should not be a ground for reduction of sentence. Nor can the accused bargain with the court that he is pleading guilty so sentence should be reduced.
Procedure for Plea Bargaining - Application Stage (1)
- If an accused wishes to plead guilty voluntarily under the provisions, he may move an application to the concerned court with the details of his case supported by an affidavit declaring that -
- he is presenting the application voluntarily and
- he understands the nature of the sentence
- he has also to declare that he is not a previous convict for the same offence.
Case law against Plea Bargaining - 2
In Kasambhai Abdul Rehman Bhai Sheikh v. State of Gujarat; (1980), the court held that- “the practice of Plea Bargaining was unconstitutional, illegal and would tend to encourage corruption, collusion and pollute the pure fount of justice.”
Procedure for Plea Bargaining - Application Stage (2-4)
- On receipt of application and affidavit from the accused, the trial court shall issue the notice to the public prosecutor or the complainant, as the case may be, and to the accused to appear on the date fixed for the case.
- The court shall examine the accused in camera and satisfy himself that the accused has given his application voluntarily and he is eligible for presenting such application.
- If the courts finds that the accused has not given his application voluntarily or he has been convicted earlier for the same offence then the application shall be rejected and the case shall be sent back for regular trial.
Guidelines for mutually satisfactory disposition
S. 265(c) of Crpc provides the procedure for the mutually satisfactory disposition under S. 265(B)(4)(a)-
1. In a case instituted on a police report - The court shall issue notice to the PP, IO, accused and the victim of the case to participate in the meeting to workout out a satisfactory disposition. Pleader of the accused may be allowed to participate in such a meeting.
2. In a case instituted otherwise than a police report - The notice shall be issued to the accused and the victim of the case to participate in the meeting to work out the satisfactory disposition of the case. Pleader of the accused or the victim may also be permitted to participate in the meeting on the desire of teh victim or the accused.
In both the above cases, the courts shall ensure that the disposition is worked out voluntarily.
