State to soon introduce plea bargaining in criminal cases

State to soon introduce plea bargaining in criminal cases
The Hindu

HUBLI: The State Government plans to introduce the concept of "plea bargaining" for the first time in the country. The required amendments to the Criminal Procedure Code have been passed by the legislature. Plea bargaining may be notified for introduction in about a month's time, according to official sources.

Plea bargaining is an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in the expectations of leniency in sentencing and is widely practised in the U.S. Despite the recommendation to introduce plea bargaining made by the Law Commission in its 154th report, the concept has remained alien in the country.

Law amended

The legislature has amended the Criminal Procedure Code, 1973 and incorporated Chapter XXI providing for plea bargaining in the trial of less heinous offences under List II and List III of the 7th Schedule of the Constitution. Section 167 of the Criminal Procedure Code has been amended to provide for the production of an accused before a magistrate by means of a video link. Section 436 A has been inserted to provide for the release, on a personal bond with or without surety, of an accused person who has been detained for a period exceeding one half of the maximum period of imprisonment specified for that offence other than offences for which the death penalty is specified as one of the punishments.

Under the new arrangement the prosecutor and defence counsel can enter into an agreement to resolve one or more criminal charges pending against an accused without a trial. It gives scope for the prosecution not to press the charge against the accused, make the accused plead guilty to a lesser charge or plead guilty to a particular charge in exchange for dismissal of other charges. There is also the possibility of compensation being paid to the victim of a crime.

Law and Parliamentary Affairs Minister H.K. Patil said he is confidant that this step will considerably reduce the number of pending cases in courts.

Mr Patil said the importance of the concept can be gauged from the fact that while in India the rate of conviction in criminal cases is abysmally low, it is almost 100 per cent in Japan and around 94 per cent in the U.S State of California thanks to plea bargaining.

Limited use

According to Chidanand Patel, Principal of the University College of Law, Dharwad, the law as it prevails in the country at the moment provides for compounding of cases and dropping of charges against an approver. This is only a limited use of the concept of plea bargaining and the amendment Bill paves the way for a broader application of the concept.