Plea Bargaining: How Far Justiciable

PLEA BARGAINING: HOW FAR JUSTICIABLE

Meaning and Concept

Plea Bargaining is mutual understanding through mutual negotiations between the accused and the prosecution before trial of their cases. In this process, the accused agrees to plead guilty in exchange for certain concessions by the prosecution. Therefore, it is interpreted as contractual agreement between the prosecution and the accused in context of disposition of criminal charges.

However, the process of Plea Bargaining is applicable only for criminal cases which punishment is death sentences or life time imprisonment or of imprisonment for a term exceeding seven years, provided, it should not be the offense which affects the socio-economic condition of the country or has been committed against a woman or a child below the age of fourteen years.

There are innumerable criminal cases awaiting trial, very long period of trial, delay in bail etc gradually engender apathy towards judicial system and foment crime as well. Apparently, it is a very good step in order to solve these problems.

Salient Features:

1) It is very much helpful for accused who have to remain as under trial prisoners awaiting the trial as also other accused on whom the Sword of Damocles of an impending trial remains hanging for years to obtain speedy trial with attendant benefits such as -

• certainty of judgment

• cost cutting in litigation

• no anxiety

• there is no need to visit again and again lawyer's office and court as well on every date or adjournment

• curtail the burden of court cases which have already assumed menacing proportions

• reduction of congestion in jail

• being able to know his or her fate and to start of fresh life without fear of having to undergo a possible prison sentence at a future date disrupting his life or career.

Nevertheless, Plea Bargaining is not offered to professional or habitual offenders those who are accused of socio-economic offenses of grave nature and offenses against women and children.

Types:

1. Charge Bargaining – Under this bargaining prosecutor promise to reduce or dismiss some of the charges brought against the accused in exchange for guilty plea. And

2. Sentence Bargaining – Under this bargaining prosecutor promise to recommend a specific sentence of to refrain from making any sentence recommendation in exchange for a guilty plea.

Plea Bargaining in India:

India; such a huge country not only geographically but also population-wise, therefore the criminal cases also galore in same proportion. Subsequently, the Twelfth Law Commission in its 142nd Report, having considered the concept as is being practiced in other countries, recommended that the scheme for concessional treatment to offenders who plead guilty on their own volition in lieu of a promise to reduced the charge, to drop some of the charges or getting lesser punishment be statutorily introduced by adding a Chapter in the Code of Criminal Procedure.

Criticism:

there are following points which talk against it viz:

1. The role of police in Plea Bargaining process offer coercion

2. it leads towards corruptions

3. to and some extent court's impartiality is impugned

4. some how, if the plead guilty application of the accused is rejected then it is almost impossible for accused to prove himself/herself innocent.

However, by observing the hoard of criminal cases in the courts Plea Bargaining galvanized in the real life as prescriptive process not as a coercion. The motto behind this is only to fasten the judgment process, which ultimately reduce the burden of courts and decrease the population of jail. Nevertheless, some cons are also associated with it. Well, on this account, I would like to say it that everything on this earth (either living or non-living) has pros and cons then.... there is only difference of degree.