From UPSC perspective, the following things are important :
Prelims level: Plea Bargaining
Why in the News?
According to a report by the Ministry of Law and Justice, only 0.11% of cases were settled through “plea bargaining” in 2022.
Key Findings of the Report:
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What is Plea Bargaining?
| Details | |
| Definition |
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| Provision in India | • Introduced in 2006 as part of the Criminal Law (Amendment) Act, 2005 under Chapter XXI-A (Sections 265A to 265L). • Limited to offences that do not attract the death sentence, life sentence, or a term above seven years.• Not applicable to offences affecting socio-economic conditions or committed against women or children under 14. (applies only to offences punishable by up to seven years of imprisonment) |
| Procedure in India | • Only the accused can initiate plea bargaining. • The accused must apply to the court to start the process. If permitted, a meeting involving the prosecutor, investigating officer, and victim (if any) is held for a satisfactory case disposition. • Includes possible reduced sentences and compensation payments to the victim by the accused. |
| Benefits Offered | • Speeds up trials, reduces litigation costs and ends uncertainty over case outcomes. • Helps reduce prison overcrowding and the number of prolonged imprisonments of undertrials. • Offers a chance for offenders to make a fresh start. • Could improve conviction rates, as seen in the USA. • Recommended by the Malimath Committee (2000) for its potential to dramatically impact conviction rates and ensure a speedy trial. |
PYQ:[2021] With reference to India, consider the following statements: 1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail. 2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 |
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