Why in the news?
Recently, the Tablighi Jamaat members belonging to different countries have obtained release from court cases in recent days by means of plea bargaining.
Basic facts about Plea Bargaining
Definition: 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.
Introduced in 2006: It is common in the USA, and has been a successful method of avoiding protracted and complicated trials. 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.
Conditions: Cases for which the practice is allowed are limited. 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
The Indian code makes plea bargaining a process that can be initiated only by the accused.
The accused will have to apply to the court for invoking the benefit of bargaining.
Other categories of cases that cannot be disposed of through plea bargaining are 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.
Processes: It primarily involves pre-trial negotiations between the accused and the prosecutor. It may involve bargaining on the charge or in the quantum of sentence.
Benefits
Conviction rates have been increased in the USA.
The practice would ensure speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety.
Prolonged incarceration of undertrials without any progress in the case for years and overcrowding of prisons were also other factors .
It may help offenders make a fresh start in life.
(Source: The Hindu)
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