It is undoubtedly a disputed concept since few have welcomed it while others have abandoned it. The Supreme Court also time and again blasted the concept of Plea Bargaining saying that negotiable in criminal cases is not permissible. Over the years Plea bargaining has emerged as a prominent feature of theAmerican Judicial System. We should also keep in mind that the judgment delivered in a case of plea bargaining is final and no appeals are allowed against such verdicts Section 265-G. In terms of utilitarian theory, pain inflicted by trial process is much lesser in India when compared to the outcome of plea bargaining. Offences specified in sections 11 to 18 of the Cable Television Networks Regulation Act, 1995.
Compensation to the victim by the accused including the expenses incurred during the pendency of the case and releases the accused on probation of good conduct. This changed the face of Indian Criminal Judicial system. As far as sentence bargain is concerned, it happens when an accused or defendant is told in advance what his sentence will be if he pleads guilty. Also, plea-bargaining is not available for an offence committed against a woman or a child below fourteen years of age. Offences mentioned in the Protection of Civil Rights Act, 1955. This can be good for the accused when he is convicted in the future. Â Judicial View Murlidhar Meghraj Loya v.
The statement of objects and reasons, inter alia, mentions that, The disposal of criminal trials in the courts takes considerable time and that in many cases trial do not commence for as long as 3 to 5 years after the accused was remitted to judicial custody. The Law Commission in its 142nd 1991 , 154th 1996 and 177th 2001 report and the Malimath Committee on Reforms of Criminal Justice System 2001-03 , suggested incorporating plea bargaining, citing examples of the concepts success in jurisdictions such as the United States of America. To become a master of plea bargaining one has to be good at negotiations and communication. Baird et al, Game theory and the law, 19-25 1994. In this agreement, the defendant agrees to plead guilty without a trial, and, in return the prosecutor agrees to dismiss certain charges or make favorable sentence recommendation to the court. These astonishing figures are no more astonishing because people have started accepting this as their fate. A sentence bargain may allow the prosecutor to obtain a conviction in the most serious charge, while assuring the defendant of an acceptable sentence.
Upon receipt of application, the trial court has to issue notice to prosecution, either to public prosecutor or to complainant in S. Later Grossman and Katz 1983 studied the efficiency and effects of plea bargaining in terms of erroneous outcomes and sources spent on criminals during the period of their punishment. Although other thoughts or analysis of facts bedded in other theories is more than welcomed, but we ought to take a stand. With the changes in the fundamental structure of the society itself, such reforms become inevitable. In a complaint case, the Court shall issue a notice to the accused and the victim of the case. The concept of plea bargaining is evolving in India and it is not appropriate to expect it to be perfect. Hence, the definition of utility that I would prescribe for this paper is one of negative utilitarianism.
Further, the economics should also be linked with the time and cost involved in the overall procedure of court hearings and salaries of people involved in the process. The term Plea Bargaining can be defined as pre-trial negotiations between the accused and the prosecution where the accused pleads guilty in exchange for certain concessions by the prosecution. Pleas bargaining is better way even M V cases, hit and run cases too. Above made claims try to portray plea bargaining as inherently evil. It became effective from 5thJuly 2006.
Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online. The legal provision on Plea Bargaining was introduced by Criminal Law Amendment Act, 2005. The concept of plea bargaining was introduced in India Criminal Justice System in the year 2005 by means of Criminal Law Amendment Act, 2005. In any criminal trial, outcome is either conviction or acquittal and probability of either depends upon the strength of evidences. Benefit of Plea bargaining can be extended in two circumstances i if a report is forwarded bya Station House Officer of a Police Station after the completion of investigation to the Magistrate and ii if the Magistrate has taken cognizance of an offence on a complaint under S. Many a time stigmatization leads to ostracization. Indian judiciary is regarded as one of the most powerful judiciary across the globe but this powerful judiciary is being paralyzed by the weight of pending cases.
This coupled with a set of rights that suggests that a culprit may choose trial over plea bargaining at any point of time during the process and barring use of any other form of coercion against culprit results in a just outcome. Secondly, plea bargaining does not always imply that the accused will not be jailed. Hence, if amount of information with respect to these three variables is equally known to both the parties and changes in one variable with respect to other variables is understandable, game theory suggests that the outcome will be such that everyone is better off. Need to file a criminal defense lawyer in India. It is also imperative to note that the investigating officer is an important party in the process of reaching at a mutual settlement. Plea Bargaining In Indian Context To reduce the delay in disposing criminal cases, the 154thReport of the law commission first recommendation the introduction ofPlea Bargainingas an alternative method to deal with huge arrears of criminal cases.
Malimath to come up with some suggestions to tackle the ever-growing number of criminal cases. Therefore, a conglomeration of all these skills makes you a master of plea bargaining. The twin object of plea bargaining is to reduce the delay involved in criminal trial and to punish the accused with a lesser sentence for pleading his guilt. The term Plea Bargaining can be defined as pre-trial negotiations between the accused and the prosecution where the accused pleads guilty in exchange for certain concessions by the prosecution. Plea Bargaining is the result of modern judicial thinking. The Air Force Act, 1950.
There should not be anything static. Later on, in 1960 legal representation was allowed and the need for Plea Bargaining was felt. The sentence may be reduced to half or to a fourth of the sentence that had been provided for as per the statute. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information provided thereof. However, as mentioned by 142 nd, 154 th and 177 th law commissions, one of the major issues in India is excessive quantum of time taken in the trial process. We were so impressed by their services during their ad hoc tenure that we engaged them permanently and now it has been 5 years we are availing their services. In this agreement most of the time the defendant pleads for a less serious charge or punishment instead of more serious charge or punishment.