The Government of India has added Section 436-A to the Code of Criminal Procedure (CrPC), which provides for the release of an undertrial prisoner on bail after serving half of the maximum period of imprisonment prescribed for an offense under any law.
- The concept of “Plea Bargaining” was also introduced by inserting “Chapter XXIA” in CrPC.
- Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
- In India, the concept was not part of law until 2006. Plea bargaining was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A , containing Sections 265A to 265L.
- The CrPC makes plea bargaining a process that can be initiated only by the accused; further, the accused will have to apply to the court for invoking the benefit of bargaining.
- The source of Plea Bargaining can be attributed to United States where about 90% of criminal cases are disposed of on the basis of Plea Bargaining.
