The goal of Indian lawmakers behind the amendment was to minimize the delay in disposal of criminal cases and empty overcrowded prisons
Plea bargaining is an agreement in a criminal case in which a prosecutor and an accused arrange to settle the case against the accused. The accused agrees to plead guilty or no contest in exchange for some concession from the prosecutor, such as a reduced or lessor category of charge, or a reduced sentence. The Law Commission of India advocated the introduction of plea bargaining in India (even though the Supreme Court was not in favour, in its 142 nd, 154 th and 177 th reports. The Criminal Law (Amendment) Act of 2005 introduced a chapter XXI A into the Criminal Procedure Code, 1973 for plea bargaining which has came into effect from 5 th July 2006.

Process and results

The goal of Indian lawmakers behind the amendment was to minimize the delay in disposal of criminal cases and empty overcrowded prisons. All parties have to reach a mutually satisfactory disposition together. Here, the court has to ensure that the entire process takes place voluntarily. There are no negotiations on the sentence of the defendant. The compensation for the victim is fixed by the parties. Once a disposition is reached, the court hears the parties for finalising the sentence. The court retains some discretion to release a defendant on probation as per law. Finally, the sentencing takes place in the following manner- where offences have a mandatory minimum sentence, the court awards half of that sentence. But in cases where there is no such minimum fixed, the court proceeds to award one-fourth of the maximum possible sentence for that offence.

It is not available for all types of crimes

Cases for which the practice is allowed are limited:

1.     Only someone who has been charge sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme under Chapter XXI-A.

2.     It is not available for all types of crimes and is excluded in serious offences.It is not available for those that involve offences affecting the "socio-economic conditions" of the country, or committed against a woman or a child below the age of 14. punishable with death or life sentences, crimes affecting socio-economic conditions and crimes against women and children

3.     Plea bargaining process can be initiated only by the accused;.

The object of introducing plea bargaining is to:-

1.     Ensure speedy trial.

2.     end uncertainty over the outcome of criminal cases.

3.     save litigation costs and relieve the parties of anxiety.

4.     Impact on conviction rates.

5.     Help offenders make a fresh start in life.

A plea bargaining process can be initiated only by the accused;

1.     The accused will have to apply to the court for invoking the benefit of bargaining.

2.     The applicant should state that it is a voluntary preference and that he has understood the nature and extent of punishment provided in law for the offence.

3.     The court would then issue notice to the prosecutor and the complainant or victim, if any, for a hearing.

4.     The voluntary nature of the application must be ascertained by the judge in an in-camera hearing at which the other side should not be present.

 

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