Abira Bhattacharya

The present legal system in India consist of loopholes and demanded many legal reforms. The criminal justice system in India is in shackles. There are flaws in our Criminal Justice System. The reasons for the flaws in the Criminal Justice System are as following:-
1. The conviction rate is very low.
2. Pendency of litigation is very high.
3. The poverty results in innocent being victimized.
4. The cost of litigation is very high

The final goal of criminal law is protection of right to personal liberty against invasion by other protection of the weak against the strong, law abiding against lawless, peaceful against the violent. James Madison mentioned in his book "the Federalist" that "if men were angels no Government would be necessary."

A plea bargain (plea agreement or plea deal) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case. The defendant argues to plead guilty and often allocate in exchange for some agreement from the prosecutor. A plea bargain can also include the prosecutor agreeing to charge a lesser crime inorder to dismiss some of the charges against the defendant. Plea bargaining is mentioned as a new ideology in Section 265A in Criminal Procedure code.

The aspect of plea bargaining in some distinct countries are as mentioned below. The vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court.

Plea bargaining is permitted only when the prosecution and defence agree that the defendant will plead guilty to some charges and the prosecution will edit the remainder.

The introduction of plea bargaining was highly controversial in France. Robert Badinter argued that plea bargaining would give much power to the public prosecutor and would provoke defendants to accept a sentence to avoid the risk of a bigger sentence in a trial, even if they did not really deserve it.

In India, the home ministry issued a notification of a whole new chapter of the Criminal Procedure Code dedicated to the system of plea bargaining enacted in December 2005. The plea bargaining is adopted to pre-empt trial on offences punishable upto seven years.

The accused will file an application for plea bargaining any time before the commencement of the trial. The application must be accompanied by an affidavit stating that the accused has voluntarily opted for plea bargaining and he had not previously been convicted on the same charge. The court will examine the accused to satisfy itself that he has filed the application voluntarily after prior notice to the prosecutor or complainant.

Law Commission suggested that already the probation of Offenders act gives the court the power to pass a probation order. The power of remission of sentences has already been an element of not condoning the crime but lessening the length of imprisonment. It will facilitate an earlier disposal of a criminal case, thus, reducing the burden of the court.

The high court of Delhi has suggested plea bargaining in order to benefit such accused persons who repent upon their criminal act and are prepared to face some punishment for the act. A person who wants to improve can take shelter of plea bargaining or can plead guilty and request the court for giving benefit of Prohibition of Offenders Act or request the trial court to have lenient view in punishment.

Plea bargaining can be implemented in order to reduce the pendency of litigation in India . The absence of speedy justice is restriction many litigants while a large number of persons have to be kept in judicial lock ups as the cases against them move at a snail's rate. It should not also be extended for the offences committed by the persons of political background . The Supreme Court in the case of "Kadra Pehadiya Vs State of Bihar" (AIR1981 SC 939) held that it is a crying shame upon our judicial system that keeps men in jail for years which end without a trial.


अभिभाषक वाणी परिवार

श्री सुशील कुमार त्रिपाठी
(प्रधान संपादक)

श्री शकील अहमद सिद्दीकी

श्री ताराचंद शर्मा
(प्रबंध संपादक)

सलाहकार मंडल

सर्वश्री जनार्दन प्रसाद शर्मा, संतोष चतुर्वेदी, बृजेन्द्र गुप्ता, रामेश्वर प्रजापति, सुदर्शन महलवार, समीर त्रिपाठी, नवजीत कुमार रमन, राजेश महाडिक, सुश्री कंचनबाला सिंह, शिव प्रसाद कापसे, टी.पी.सी.गुप्ता, भारत स्वर्णकार, मो.सगीर, मुरली देवांगन, यजवेन्द्र सिंह, सुभाष सतपथी, मो. मुनीर एवं कुमारी किलेश्वरी शांडिल्य।

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