Sage-Tips

What is plea bargaining provision?

It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge.” Plea Bargaining in layman’s terms.

What is plea bargaining India?

When was it introduced in India? 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. It primarily involves pre-trial negotiations between the accused and the prosecutor.

Where is plea bargaining allowed?

Plea bargaining in Magistrates’ Court trials is permitted only to the extent that the prosecutors and the defence can agree that the defendant will plead guilty to some charges and the prosecutor will drop the remainder.

How many types of plea bargaining are there in India?

There are three main types of Plea Bargaining: 1) Charge Bargain: It is common in criminal cases. Defendant agrees to plead guilty to a lesser charge in return of dismissing of greater charge. 2) Sentence Bargain: Motive of this is to get lesser sentence.

What are plea bargains used to do?

A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or “no contest” (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence …

What is plea in law?

When a person is charged with a crime, they must answer to that charge in court during an arraignment. This formal answer is called a plea. A defendant can either admit to the charges by pleading guilty or deny the charges by pleading not guilty. A plea of guilty or nolo contendere is followed by sentencing.

Why is plea bargaining used?

Plea bargaining is prevalent for practical reasons. Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. The prosecution saves the time and expense of a lengthy trial. Both sides are spared the uncertainty of going to trial.

Why was plea bargaining created?

Plea bargaining allows defense attorneys to increase their efficiency and profits, because they can invest less time on plea-bargained cases. Disposing of cases efficiently is important for both public and private attorneys.

What is plea bargaining in Indian criminal justice system?

The 154th Report of the Law Commission was first to recommend the ‘plea bargaining’ in Indian Criminal Justice System. It defined Plea Bargaining as an alternative method which should be introduced to deal with huge arrears of criminal cases in Indian courts.

What percentage of cases are resolved by plea bargaining?

Scholars estimate the proportion of cases resolved by plea bargaining are about 90 to 95 percent of both federal and state court. [i] The Criminal Law (Amendment) Act, 2005, which amended the Code of Criminal Procedure introduced Plea bargaining in India.

Can a person claim plea bargaining for murder?

A person cannot claim plea bargaining for grievous offences such as murder and homicide or offences punishable with death sentence or life imprisonment. In India, the concept of plea bargaining was brought about by way of the Criminal Law (Amendment) Act, 2005 which introduced Chapter XXI A in the Code of Criminal Procedure, 1973.

What is the difference between plea bargaining and nolo contendere?

In plea bargaining, the defendant admits to every necessary element of the crime and tell the court that he is guilty of the crime being charged. In nolo contendere, which translates into ” no contest” plea. In such plea, the defendant does not agree to the crime and he claims to be innocent.