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Plea Bargaining
Consider the following statements with reference to Plea Bargaining:
- The Justice Malimath Committee on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining.
- Plea bargaining was introduced in 2003 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
- 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.
Which of the statement(s) given above is/are correct? Choose the correct answer from the codes given below:
A |
Only 1
|
|
B |
1 and 2
|
|
C |
1 and 3
|
|
D |
1, 2 and 3
|
Your Ans is
Right ans is C
Your Answer Is Correct
Your Answer Is Wrong
Explanation :
- 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. It may involve bargaining on the charge or in the quantum of sentence.
- The Justice Malimath Committee2000) on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining.
- It was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
Circumstances in which it is allowed
- 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.
- It is also applicable to private complaints of which a criminal court has taken cognizance.
- 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 14.
Benefits
- Prolonged incarceration of undertrials without any progress and overcrowding of prisons were also other factors that may be cited in support of reducing pendency of cases and decongesting prisons.
- Moreover, it may help offenders make a fresh start in life.
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